The Labour Relations Court in Nairobi has upheld the dismissal of a lecturer from Murang'a University of Technology for engaging in a romantic relationship with a student, emphasizing that such conduct constitutes gross misconduct.
The court found that the lecturer, Mr NKB, had an inappropriate relationship with a student pursuing a Bachelor of Commerce degree, despite being a lecturer in the Department of Electrical and Electronic Engineering.
Justice Mathews Nduma ruled that the conduct violated the institution's code of ethics and that the termination of NKB's employment in March 2020 was based on valid grounds.
The court dismissed the lecturer’s claim for reinstatement and his demand for compensation of Sh22 million, alleging loss of employment, damage to his reputation, and unfair labour practices.
“The court is satisfied that the evidence presented by the first respondent’s witness (the student), on a balance of probabilities, demonstrates that the claimant had established a sexual relationship with a student at the university where he lectured. He subjected her to harassment, emotional and psychological trauma, necessitating counselling through which the misconduct came to light,” said Justice Nduma.
The court noted that NKB was subjected to a disciplinary process and was allowed to defend himself, but failed to clear himself of the misconduct charges.
The student testified that she joined the university in August 2018 under a work-study programme. She met NKB in August 2019 near the electrical lab, where he worked. She was introduced to him by her supervisor.
They exchanged contacts and began communicating. The student said NKB flattered her with sweet words, and over time, she came to trust him.
She testified that she visited his house in Murang’a town on three occasions between August and September, where she spent the night. In the mornings, he would give her Sh100 as fare back to school.
Later, she said, Mr NKB introduced her to his girlfriend but continued pestering her persistently until she could no longer cope. She reported the matter to the university’s guidance and counselling office, where she was attended to by Ms Ronoh Goretti.
The court heard Ms Goretti advised her to report the matter to the Vice-Chancellor, after which the student wrote a formal letter detailing her ordeal.
Challenging his dismissal, Mr NKB argued that he was not allowed to cross-examine the student to verify the truthfulness of her claims. He noted that she never made a formal complaint or submitted a sworn statement and that no police report had been filed concerning the allegations.
In his defence, he claimed he had simply been assisting the student, including paying for her medication and sending money to her mother. He argued that the disciplinary process violated principles of natural justice and constitutional rights.
However, Murang’a University Chief Security Officer Felix Kimotho testified that the case had been reported to the Directorate of Criminal Investigations (DCI) in Murang’a. Mr NKB was summoned in February 2021 to record a statement after the student alleged rape. No criminal charges were brought against him.
In its judgment, the court found that Mr NKB's dismissal followed a fair procedure. He had the opportunity to appeal the decision, was heard during the process, and his appeal was dismissed for lacking merit.
“The respondent (Murang'a University of Technology) has by a preponderance of evidence, proved on a balance of probability that the claimant was engaged in an inappropriate relationship with a student in violation of the institution’s code of ethics,” ruled Justice Nduma.
The court concluded that the termination was both procedurally fair and substantively justified, as demonstrated by the university’s witnesses.
