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Kenyatta University v. University Academic Staff Union & Lucy Mugwere

(2019) JELR 99880 (CA)

Court of Appeal  •  Civil Appeal 222 of 2012  •  22 Mar 2019  •  Kenya

Coram
Daniel Kiio Musinga, Mohammed Abdullahi Warsame, James Otieno Odek, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

1. By an Order dated 31st May 2016, this Court directed the instant appeal be heard by a five judge bench in order to determine if this Court has jurisdiction to hear appeals emanating directly from the former Industrial Court as was established under the Trade Disputes Act, Cap 324 of the Laws of Kenya. The Order was made pursuant to submission by the appellant that the decision of this Court in The Director Kenya Medical Research Institute v. Agnes Muthoni and 35 Others, Civil Appeal No. 15 of 2011 delivered on 10th May 2013 casts doubt on whether this Court has jurisdiction in this matter.

2. The background facts germane to this appeal are that the appellant, Kenyatta University, is a Public University incorporated under the Kenyatta University Act (Cap. 210 C of the Laws of Kenya).

3. The 2nd respondent, Lucy Mugwere, was employed by the appellant on 16th December 2002 as a tutorial fellow and later promoted to the position of Assistant Lecturer on 10th November…

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