Kenya Case Law

Kenya Private Universities Workers Union v United States International University – Africa

Kenya Private Universities Workers Union v United States International University – Africa [2025] KEELRC 2157 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E594 of 2020

Judge

B Ongaya

The court dismissed a union claim over redundancy, salary cuts, and alleged consent breaches, finding the COVID-19 redundancy process lawful and the union had standing to sue.

• Redundancy Procedure
• Trade Union Representation
• Covid19 Employment Measures
• Severance Pay
• Locus Standi
• Collective Bargaining

Mutuma v DHL Worldwide Express Kenya Limited

Mutuma v DHL Worldwide Express Kenya Limited [2025] KEELRC 2153 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E1004 of 2021

Judge

B Ongaya

The court found the claimant’s dismissal procedurally and substantively unfair, awarded six months’ compensation and notice pay, and ordered return of the company Prado.

• Unfair Termination
• Disciplinary Procedure
• Summary Dismissal
• Employment Contracts
• Remedies For Unfair Dismissal
• Workplace Discrimination

Massawa v Shop and Deliver Limited

Massawa v Shop and Deliver Limited [2025] KEELRC 2137 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E207 of 2023

Judge

HS Wasilwa

The court found the employee’s dismissal unfair and discriminatory after an accident-related incapacity, holding that the employer breached fair hearing and procedure requirements.

• Unfair Termination
• Disability Discrimination
• Procedural Fairness
• Disciplinary Process
• Constitutional Rights At Work
• Remedies For Wrongful Dismissal

Moffat & 14 others v Nthurima & 3 others

Moffat & 14 others v Nthurima & 3 others [2025] KEELRC 2144 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E019 of 2025

Judge

HS Wasilwa

The court found that the preliminary objection raised by the respondents was not based on a pure point of law but was entangled with contested factual issues, particularly regarding whether the petitioners had exhausted alternative remedies and the process followed in amending the union constitution. The court noted that the issues of forged minutes and procedural irregularities required factual investigation and could not be resolved at the preliminary stage. The court further held that the registration of the amended constitution had already occurred, rendering some of the objections moot.…

Source excerpt

• Exhaustion Of Remedies
• Preliminary Objection
• Trade Union Governance
• Constitutional Avoidance
• Sub Judice
• Procedural Fairness

Amagove v Ultimate Manpower & General Supplies Limited

Amagove v Ultimate Manpower & General Supplies Limited [2025] KEELRC 2141 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E343 of 2017

Judge

BOM Manani

The court allowed a judgment-enforcement application in part, ordering oral examination of the Respondent’s Managing Director and production of audited accounts.

• Contempt Of Court
• Enforcement Of Judgment
• Oral Examination Of Judgment Debtor
• Judgment-enforcement
• Oral-examination-of-judgment-debtor
• Contempt-of-court

Kenya Union of Commercial, Food and Allied Workers v New Murarandia Farmers Cooperative Society

Kenya Union of Commercial, Food and Allied Workers v New Murarandia Farmers Cooperative Society [2025] KEELRC 2143 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E003 of 2024

Judge

ON Makau

The court awarded a 5% yearly wage increase for 2020/2021 and 2021/2022, ordered the parties to sign a CBA, and gave no costs.

• Collective Bargaining Agreements
• Wage Increase Disputes
• Trade Union Rights
• Employer Ability To Pay
• Collective-bargaining-agreement
• Wage-increase

Wangari v National Police Service & 2 others

Wangari v National Police Service & 2 others [2025] KEELRC 2139 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E049 of 2025

Judge

HS Wasilwa

The court found that repeated, unwarranted transfers and harassment of a police officer violated constitutional and statutory protections, and granted declaratory and injunctive relief.

• Unfair Labour Practices
• Unlawful Transfer
• Discrimination In Employment
• Abuse Of Power
• Procedural Fairness
• Constitutional Rights Of Employees

Ochieng v Consolidated Bank of Kenya

Ochieng v Consolidated Bank of Kenya [2025] KEELRC 2128 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E170 of 2025

Judge

BOM Manani

The court found that the loan agreements between the claimant and the respondent expressly provided for a shift from staff to commercial interest rates upon termination of employment. There was no evidence of vitiating factors such as fraud or undue influence. The claimant voluntarily offered his properties as security and agreed to the terms, including the respondent's right to vary interest rates and realize securities in case of default. The court held that it could not rewrite the contract or grant a mandatory injunction to restore staff rates at the interlocutory stage. The claimant fail…

Source excerpt

• Unlawful Termination
• Staff Loan Facilities
• Variation Of Contract Terms
• Injunctive Relief
• Security Realization

Junction Forex Bureau Limited v Rafique

Junction Forex Bureau Limited v Rafique [2025] KEELRC 2136 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E484 of 2022

Judge

JW Keli

The court awarded the employer KES 16.5 million after finding the employee misappropriated funds, breached employment duties, and was unjustly enriched.

• Employee Fraud
• Breach Of Fiduciary Duty
• Unjust Enrichment
• Misappropriation Of Funds
• Employee-fraud
• Breach-of-fiduciary-duty

King’ori v Kenya National Library Services; County Government of Nyeri (Third party)

King’ori v Kenya National Library Services; County Government of Nyeri (Third party) [2025] KEELRC 2118 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E019 of 2024

Judge

ON Makau

The court found that the claimant was entitled to salary arrears as calculated under the applicable CBAs, less amounts already paid. The respondent and the third party failed to expressly allocate liability for pre-existing salary arrears in the IPA executed upon transfer of library functions. Article 187(2) of the Constitution requires arrangements for transfer of resources but does not automatically transfer liabilities unless expressly provided. In the absence of such provision, both the respondent and the third party are held jointly and severally liable for the outstanding arrears. The c…

Source excerpt

• Salary Arrears
• Collective Bargaining Agreements
• Transfer Of Functions
• Joint And Several Liability