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Employment and labour law [2026] KEELRC 2392 (KLR)

Sana Industries Ltd v Mokeira (Appeal E302 of 2025)

Sana Industries Ltd v Mokeira (Appeal E302 of 2025) [2026] KEELRC 2392 (KLR) (14 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E302 of 2025
Judge
["M Mbarũ"]

The appeal failed because the appellant’s own records showed the respondent was present and signed in on 30 and 31 January 2024, yet the appellant alleged absenteeism and desertion on those very dates. The court found the disciplinary process and records unreliable and manipulated, held that the respondent was unfairly terminated, and affirmed conversion of the relationship into protected employment under section 37. However, the court adjusted the monetary award to reflect the respondent’s wage and statutory limits, upheld compensation and notice pay, allowed leave and underpayments on revis…

Source excerpt

  • Unfair termination
  • Desertion of duty
  • Casual employment conversion under section 37
  • Burden of proof in unfair termination claims
  • Notice pay
  • Compensation for unfair termination
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Employment law [2026] KEELRC 2388 (KLR)

Proteq-X Security Systems Ltd v Obure (Appeal E056 of 2022)

Proteq-X Security Systems Ltd v Obure (Appeal E056 of 2022) [2026] KEELRC 2388 (KLR) (14 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E056 of 2022
Judge
["M Mbarũ"]

The appeal succeeded because the respondent’s refusal to accept lawful redeployment and his subsequent absence from duty amounted to gross misconduct, defeating the unfair termination claim. The court further held that claims for underpayment, overtime, house allowance and rest days were continuing injuries filed outside the statutory limitation period and were therefore not maintainable. However, pay for days worked in August 2019 remained due because the employer produced no proof of payment and the respondent was entitled to wages for work already done.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Absconding duty
  • Underpayment
  • Overtime
  • Rest days
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Employment law [2026] KEELRC 2403 (KLR)

Ongoro v SGA Guarding Ltd & another

Ongoro v SGA Guarding Ltd & another (Employment and Labour Relations Appeal E065 of 2025) [2026] KEELRC 2403 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E065 of 2025
Judge
["NJ Abuodha"]

The appeal succeeded because the Respondents failed to comply with mandatory procedural fairness requirements. The suspension letter was not a valid notice to show cause, the Appellant was ambushed with a hearing on less than one day’s notice, the process denied reasonable preparation and hearing rights, and the appeal was not independent because persons involved in the original disciplinary process sat on the appeal panel. The trial court therefore erred in finding the termination lawful, and the Appellant was entitled to compensation.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Procedural fairness
  • Notice to show cause
  • Disciplinary hearing
  • Right to appeal in employment discipline
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Employment law [2026] KEELRC 2374 (KLR)

Hart v Schenker Ltd

Hart v Schenker Ltd (Employment and Labour Relations Cause 4 of 2019) [2026] KEELRC 2374 (KLR) (10 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause 4 of 2019
Judge
["K Ocharo"]

The claimant proved a sustained course of conduct by the respondent—public humiliation, unilateral and unexplained alteration of reporting lines, an unfair final warning without a hearing, repeated silence to her complaints, and refusal of a visa support letter—that objectively destroyed mutual trust and confidence and made continued employment intolerable. Her evidence was credible, documentary, and sufficient despite the respondent’s failure to call witnesses. The respondent’s counterclaim failed because it was unproved and, independently, time-barred. Accordingly, the claimant was construc…

Source excerpt

  • Constructive dismissal
  • Unfair termination
  • Burden of proof
  • Admissibility of electronic evidence
  • Counterclaim limitation
  • Certificate of service
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Employment and labour law [2026] KEELRC 2375 (KLR)

Kenya Plantation & Agricultural Workers Union v Flamingo Horticulture Kenya Ltd (Kingfisher Farm)

Kenya Plantation & Agricultural Workers Union v Flamingo Horticulture Kenya Ltd (Kingfisher Farm) (Employment and Labour Relations Cause E050 of 2024) [2026] KEELRC 2375 (KLR) (7 August 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E050 of 2024
Judge
["AN Mwaure"]

The court held that the review application lacked merit because the impugned order was clear and unambiguous: the Commissioner of Labour, through the Naivasha Labour Office, was directed to conduct a secret ballot within 45 days. No new matter, error apparent on the face of the record, or sufficient reason was shown to justify review. The court further held that the Respondent was impermissibly introducing new issues concerning IBIS and Siraji farms, which were not parties to the proceedings and fell outside the dispute. The application for stay was also rejected.

Source excerpt

  • Review of orders
  • Clarification of court orders
  • Stay of execution
  • Secret ballot for union recognition
  • Advocate’s affidavit on contentious matters
  • Appeal versus review
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Employment law [2026] KEELRC 2246 (KLR)

Otieno v Sheer Logic Management Consultants Limited

Otieno v Sheer Logic Management Consultants Limited (Employment and Labour Relations Appeal E099 of 2025) [2026] KEELRC 2246 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E099 of 2025
Judge
["DKN Marete"]

The respondent admitted an employment relationship, but the appellant failed to prove a permanent monthly contract or continuous service; the evidence supported a piece rate arrangement paid per unit and fortnightly, which did not amount to a contract of service converted under section 37. Because the appellant did not prove a qualifying employment relationship for purposes of statutory unfair termination protection, the claim for unlawful and unfair termination failed and the trial court’s dismissal was upheld.

Source excerpt

  • Nature of employment relationship
  • Piece rate engagement
  • Conversion of casual employment under section 37 of the employment act
  • Unfair termination
  • Appellate review of factual findings
  • Costs
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Employment law [2026] KEELRC 2356 (KLR)

Korir v Principal Secretary, Ministry of Health & another

Korir v Principal Secretary, Ministry of Health & another (Cause E485 of 2022) [2026] KEELRC 2356 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E485 of 2022
Judge
["JK Gakeri"]

The suit was filed more than six years after dismissal and was therefore statute barred under section 90 of the Employment Act, depriving the court of jurisdiction. Even if the merits were reached, the court found the dismissal was substantively justified by desertion but procedurally unfair for want of notice and hearing. The monetary claims failed for lack of particulars and proof, while only certificate of service and a declaration on procedural unfairness would have been merited had the court reached remedies.

Source excerpt

  • Limitation of actions
  • Unfair termination
  • Procedural fairness
  • Substantive fairness
  • Study leave and bonding
  • Special damages proof
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Employment law [2026] KEELRC 2244 (KLR)

Mwaura v Twinriver 1 Estate

Mwaura v Twinriver 1 Estate (Employment and Labour Relations Appeal E305 of 2024) [2026] KEELRC 2244 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E305 of 2024
Judge
["DKN Marete"]

The appellant proved that his casual employment converted to a term contract and thus established entitlement in principle to off-duty compensation, but he did not prove the specific pleaded sum of Kshs. 73,274.00. Since the claim was for a particular quantified amount, failure to prove that amount justified dismissal of that head of claim. The trial court also properly exercised its discretion on costs because success at trial was divided, so the order that each party bear its own costs was upheld. The appeal therefore failed.

Source excerpt

  • Conversion of casual employment to term contract
  • Proof of special/particularized monetary claim
  • Off-duty allowance/rest days
  • Costs discretion
  • First appellate court review
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Employment and labour law [2026] KEELRC 2227 (KLR)

Owuor v Mwasera & 8 others

Owuor v Mwasera & 8 others (Employment and Labour Relations Cause E066 of 2026) [2026] KEELRC 2227 (KLR) (31 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E066 of 2026
Judge
["K Ocharo"]

The claimant failed to establish a prima facie case for interlocutory relief because the earlier judgment deliberately fixed the Elections Board by reference to its composition before the sham elections, Article 15 did not support the asserted automatic cessation of board membership upon promotion into management, and the wider dispute had already been litigated within the earlier petition. The balance of convenience and risk of harm favoured allowing the board to proceed with the fresh elections rather than restraining implementation of a binding court judgment.

Source excerpt

  • Union elections
  • Elections board composition
  • Interlocutory injunctions
  • Prima facie case
  • Refusal of stay-related relief
  • Effect of non-opposition
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Employment law [2026] KEELRC 2267 (KLR)

Pride Kings Services Limited v Koniala (Appeal E111 of 2025)

Pride Kings Services Limited v Koniala (Appeal E111 of 2025) [2026] KEELRC 2267 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E111 of 2025
Judge
["Nzioki wa Makau"]

The appellate court found that the respondent had been constructively dismissed because non-payment of salaries for three months amounted to a fundamental breach of contract. The trial magistrate correctly held that there was constructive dismissal and was entitled to award compensation. However, the monetary awards required revision to comply with the limitation period for continuing injury, resulting in reduction of leave and house allowance sums while upholding the finding on underpayment and compensation.

Source excerpt

  • Constructive dismissal
  • Unfair termination
  • Burden of proof in employment disputes
  • Underpayment of wages
  • Leave pay
  • House allowance
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.