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Kenya decisions
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Byakika v Cas Consultants Limited & another (Cause 1373 of 2018) [2026] KEELRC 1117 (KLR) (30 April 2026) (Judgment)
The court held that Fredrick Byakika’s employment was unfairly and wrongfully terminated without valid reason, fair procedure, or the required notice.
Kenya Chemical Workers Union v Cosmos Limited (Employment and Labour Relations Cause E181 of 2026) [2026] KEELRC 1084 (KLR) (27 April 2026) (Ruling)
The Claimant failed to establish a prima facie case for interim injunctive relief as evidence of changed retirement age was limited to three employees, not all unionisable employees. Any loss from retirement at 55 years is quantifiable and compensable in damages, and remedies of reinstatement or re-engagement exist. Discovery was declined as retirement notices are in possession of Claimant's members. Timelines for filing defense are already fixed by rules.
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Republic v Public Service Commission & another; Kisii County Assembly Service Board & another (Ex parte Applicants) (Judicial Review E009 of 2025) [2026] KEELRC 946 (KLR) (20 April 2026) (Ruling)
The Court found that the Applicants’ challenge to the Respondent’s decision is capable of being entertained before the Employment and Labour Relations Court and that a prima facie case for leave to commence judicial review proceedings was established. Leave was granted, to operate as a stay of the impugned decision.
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Vuthi & another v Kitui County Assembly Service Board & 2 others (Employment and Labour Relations Cause E190 of 2025) [2026] KEELRC 965 (KLR) (16 April 2026) (Ruling)
There is no evidence of willful disobedience of the court's orders as the recruitment process was completed before service of the status quo order, and no appointment letters were issued after 1st October 2025. The gazettement was not proven to have been done in contempt, as proper service on the Speaker was not established.
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Makanga v ABSA Bank Kenya Limited (Formerly Barclays Bank of Kenya) (Miscellaneous Application E365 of 2025) [2025] KEELRC 3683 (KLR) (18 December 2025) (Ruling)
The court upheld a preliminary objection, holding the employment claim was time-barred under section 89 of the Employment Act and striking out the motion.
Perfect Scan Limited v Chuwi (Appeal E166 of 2025) [2025] KEELRC 3677 (KLR) (18 December 2025) (Judgment)
The employer failed to properly terminate the employment by not issuing the required notice and reasons for termination as mandated by law, and paid below the statutory minimum wage. The respondent was unfairly terminated and is entitled to notice pay, compensation, service pay, leave pay, and underpayment for the period allowed by law.
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Wambua v Commissionon Administrative Justice (Petition E219 of 2025) [2025] KEELRC 3667 (KLR) (17 December 2025) (Ruling)
The court found that the order of 30.10.2025 was clear and unambiguous, requiring the parties to maintain the employment relationship strictly in accordance with the contract, statute, and constitution. The respondent's actions in issuing a show cause letter and suspension were within its lawful prerogative and did not amount to contempt or breach of the court order. No grounds for contempt or review were established, and both applications failed.
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Wanyonyi v Chief Executive Officer, Kenya Medical Supplies Authority & another; Tunai & 7 others (Contemnor) (Employment and Labour Relations Petition E152 of 2024) [2025] KEELRC 3670 (KLR) (16 December 2025) (Ruling)
The court dismissed an application to review a contempt finding, holding that the contempt motion had been unopposed and could be allowed at mention.
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