Kenya Case Law

Nyamolo v One Acre Fund

Nyamolo v One Acre Fund (Cause E021 of 2025) [2026] KEELRC 2318 (KLR) (30 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E021 of 2025

Judge

["DN Nderitu"]

The Respondent failed to prove a genuine and reasonable basis for the fraud allegation because the Claimant gave a detailed explanation, no audit or supporting evidence of theft was produced, and the investigation material was incomplete and unsigned. Procedurally, the dismissal was unfair because the Claimant requested the investigation report and supporting evidence before the hearing but was not supplied with them, denying her a meaningful defence. The Court therefore held the dismissal was substantively and procedurally unfair and unlawful, but declined reinstatement because the fixed-ter…

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• Unfair termination
• Summary dismissal
• Procedural fairness
• Substantive justification
• Fixed-term contract
• Reinstatement

Nyarigu v Registered Trustees of Nice Place Foundation & another

Nyarigu v Registered Trustees of Nice Place Foundation & another (Employment and Labour Relations Cause E222 of 2022) [2026] KEELRC 2344 (KLR) (29 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E222 of 2022

Judge

["DKN Marete"]

The court found that the contract did not contain an express expiry date and that the Respondents’ own conduct, including issuing a termination notice after 31 July 2021, showed the relationship was actively terminated rather than ending automatically. Because no valid and consistent reason was proved and the claimant was not given a hearing, the termination was wrongful, unfair, and unlawful. Compensation, notice pay, and house allowance were therefore awarded, subject to set-off of sums already paid.

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• Unfair termination
• Fixed-term contract
• Notice pay
• House allowance
• Procedural fairness
• Substantive fairness

Masiga v Max Cure Hospital Ltd

Masiga v Max Cure Hospital Ltd (Cause E099 of 2025) [2026] KEELRC 2141 (KLR) (23 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E099 of 2025

Judge

["Nzioki wa Makau"]

The Respondent failed to prove a valid and fair reason for termination and failed to comply with section 41 of the Employment Act. The performance improvement notice was treated by the Court as an effective termination notice rather than a genuine opportunity to improve, and there was no credible evidence of appraisal or due process. The admitted non-payment of salary for five months was held to be a repudiatory breach amounting to unfair labour practice and constructive dismissal. The Claimant was therefore entitled to compensation and notice pay.

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• Unfair termination
• Constructive dismissal
• Fixed-term contract
• Performance-based dismissal
• Non-payment of wages
• Procedural fairness

Oloo v Homa Bay County Government

Oloo v Homa Bay County Government (Cause E088 of 2025) [2026] KEELRC 2138 (KLR) (22 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E088 of 2025

Judge

["Nzioki wa Makau"]

The Court found that the Claimant lawfully continued serving during the transition period under the Assumption of the Office of Governor Act and was therefore entitled to the salaries paid for that period. It also accepted the Respondent’s evidence that gratuity had been calculated and paid, meaning the Claimant failed to prove any outstanding gratuity or breach. The counterclaim failed because the salary paid during the transition period was lawful and not recoverable as overpayment.

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• Fixed-term contract
• Gratuity entitlement
• Burden of proof
• Salary overpayment recovery
• Transition under assumption of the office of governor act

Nyaanga v Cabinet Secretary, Ministry of Labour & Social Protection & 2 others

Nyaanga v Cabinet Secretary, Ministry of Labour & Social Protection & 2 others (Civil Appeal E033 of 2020) [2026] KECA 1107 (KLR) (12 June 2026) (Judgment)

Court

Court of Appeal

Case number

Civil Appeal E033 of 2020

Judge

["DK Musinga", "GV Odunga", "M Ngugi"]

The Court of Appeal held that the appellant failed to prove that his appointment was permanent and pensionable. The appointment documents were silent on tenure, payroll entries and payslips could not by themselves create or prove permanent status, and the subsequent Public Service Commission communication clarified the appointment as a three-year renewable contract. The appellant also remained a substantive KALRO employee on leave of absence without evidence of a completed transfer of service. No unlawful variation, legitimate expectation, malice, or procedural unfairness was established, so…

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• Permanent and pensionable appointment
• Fixed-term contract
• Legitimate expectation
• Unilateral variation of employment terms
• Fair administrative action
• Leave of absence and transfer of service

Ekesa v Viscar Industrial Capacity Limited & another

Ekesa v Viscar Industrial Capacity Limited & another (Cause E801 of 2023) [2026] KEELRC 1504 (KLR) (4 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E801 of 2023

Judge

["ON Makau"]

The Claimant's admission and the evidence on record were sufficient to justify suspicion of misconduct by the 1st Respondent, so the reason for dismissal was not invalid. However, the 1st Respondent failed to prove compliance with the mandatory procedural safeguards under section 41 because it gave no evidence of a proper oral hearing, ignored the Claimant's request for accompaniment, and produced no minutes. That procedural failure rendered the dismissal unfair against the 1st Respondent. The claim against the 2nd Respondent failed because no employer-employee relationship existed.

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• Unfair termination
• Summary dismissal
• Disciplinary hearing procedure
• Employer-employee relationship
• Fixed-term contract
• Compensation for unfair dismissal

Atonya v China State Construction Engineering Corporation Kenya

Atonya v China State Construction Engineering Corporation Kenya (Cause E010 of 2025) [2026] KEELRC 2097 (KLR) (21 May 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E010 of 2025

Judge

["MA Onyango"]

The redundancy was unlawful because the Respondent failed to prove compliance with the mandatory notice requirements under section 40 of the Employment Act. The Claimant’s evidence that he received the redundancy letter late was not controverted. The Court also accepted that the termination bore hallmarks of a sham redundancy, given the absence of a reasonable explanation for ending the fixed-term employment only months after commencement and during periods of illness. However, the claim for salaries for the unexpired contract term was rejected because the law provides compensation for unfair…

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• Redundancy
• Procedural fairness
• Substantive fairness
• Fixed-term contract
• Unfair termination
• Notice periods

Waweru v Zana Africa Group Limited & another

Waweru v Zana Africa Group Limited & another (Cause E371 of 2021) [2026] KEELRC 1261 (KLR) (12 May 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E371 of 2021

Judge

["HS Wasilwa"]

The Applicants had filed a notice of appeal, moved the court timeously, and offered to secure the decretal sum. The court accepted that refusal of stay risked rendering the intended appeal nugatory and held that the application satisfied the conditions for stay of execution, subject to deposit of the full decretal sum in a joint interest-earning account within 30 days.

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• Stay of execution pending appeal
• Stay of proceedings
• Substantial loss
• Security for due performance
• Intended appeal
• Unfair termination

Transpares K Limited v Katana (Appeal E076 of 2025)

Transpares K Limited v Katana (Appeal E076 of 2025) [2026] KEELRC 1192 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E076 of 2025

The court dismissed an employer’s appeal and upheld a finding of unfair termination after a truck driver’s injury-related separation and disputed proof of fair process.

• Unfair termination
• Compensation
• Burden of proof
• Procedural fairness
• Fixed-term contract
• Unfair-termination

Biwott v Eldoret Water and Sanitation Service & another

Biwott v Eldoret Water and Sanitation Service & another (Cause E060 of 2024) [2026] KEELRC 1089 (KLR) (23 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E060 of 2024

The court dismissed a claim over non-renewal of a fixed-term managing director contract, finding no legitimate expectation, no unlawful termination, and no basis to invalidate the Board’s decision.

• Fixed-term contract
• Legitimate expectation
• Fair administrative action
• Board constitution
• Contract renewal
• Unlawful termination