Kenya Case Law

Ndivo v Henkel Kenya Ltd

Ndivo v Henkel Kenya Ltd (Cause E178 of 2020) [2026] KEELRC 2384 (KLR) (12 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E178 of 2020

Judge

["NJ Abuodha"]

The Court held that the respondent failed to sufficiently prove the fictitious payment and conflict-of-interest allegations, but successfully proved insubordination because the claimant knowingly ignored a direct, lawful instruction from her line manager to obtain approval before processing purchase orders related to promotion and sponsorship activities. That single proved ground justified summary dismissal under section 44(4)(e) of the Employment Act. The constitutional and defamation claims were unproved. The counterclaim failed because the respondent did not strictly prove that the claiman…

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• Unfair termination
• Summary dismissal
• Burden of proof
• Insubordination
• Conflict of interest
• Gross misconduct

Mini Bakeries (MSA) Ltd v Mativo

Mini Bakeries (MSA) Ltd v Mativo (Employment and Labour Relations Appeal E153 of 2025) [2026] KEELRC 2035 (KLR) (25 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E153 of 2025

Judge

["K Ocharo"]

The respondent deliberately refused two lawful instructions: to sign the complaint form and to attend an individual meeting. Those acts amounted to insubordination under section 44(4)(e) and, in context, were sufficiently grave to justify summary dismissal. The record also showed that the respondent received notices to show cause, responded, attended a disciplinary hearing, and was heard. The dismissal was therefore substantively and procedurally fair, so the awards for notice pay and compensation could not stand.

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• Summary dismissal
• Insubordination
• Procedural fairness in disciplinary hearings
• Substantive fairness of termination
• Notice pay
• Compensation for unfair termination

Ominde v Western Steel Mills & another

Ominde v Western Steel Mills & another (Cause E014 of 2024) [2026] KEELRC 1335 (KLR) (14 May 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E014 of 2024

Judge

["MA Onyango"]

The Respondents failed to prove a valid basis for forcing a transfer outside the contractual Eldoret posting without a written amendment of the employment terms, and they also failed to prove compliance with the mandatory hearing requirements under section 41. The summary dismissal was therefore substantively and procedurally unfair.

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• Unfair termination
• Summary dismissal
• Insubordination
• Transfer/reassignment of employee
• Procedure under section 41 of the employment act
• Remedies for unfair termination

Katua v Kenya Union of Post Education Teachers (KUPPET) & another

Katua v Kenya Union of Post Education Teachers (KUPPET) & another (Cause E002 of 2025) [2026] KEELRC 1244 (KLR) (8 May 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E002 of 2025

Judge

["JW Keli"]

The suspension itself was lawful because the employer stated reasons, acted within managerial prerogative, and no prior hearing was required. The disciplinary process, however, was procedurally unfair because the investigation report was withheld until shortly before the hearing and the appeal was left unanswered. The claimant’s admitted insubordination provided a valid substantive basis for discipline, but the respondents’ reduction of her pay to zero after the disciplinary outcome and their failure to respond to the appeal created an unconducive and unlawful work environment that forced her…

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• Constructive dismissal
• Suspension and disciplinary process
• Procedural fairness
• Fair labour practices
• Fair administrative action
• Insubordination

Juma v Al Gadhir Centre Limited

Juma v Al Gadhir Centre Limited (Cause 158 of 2018) [2026] KEELRC 1176 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause 158 of 2018

The Employment and Labour Relations Court found the claimant’s dismissal unfair for lack of a hearing and a valid reason, and awarded two months’ salary.

• Unfair termination
• Procedural fairness
• Substantive justification
• Employment contract
• Insubordination
• Unfair-termination

Ochieng v Rhombus Concrete

Ochieng v Rhombus Concrete [2025] KEELRC 1010 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E057 of 2024

Judge

SC Rutto

The court found the dismissal substantively unfair for lack of a valid reason, but procedurally fair, and awarded the claimant notice pay plus compensation.

• Unfair Termination
• Summary Dismissal
• Disciplinary Process
• Insubordination
• Notice Pay
• Compensatory Damages

Oluoch v Mehta Electricals Limited

Oluoch v Mehta Electricals Limited [2024] KEELRC 2645 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E065 of 2021

Judge

J Rika

The court rejected an unfair termination appeal, finding no constructive dismissal. It upheld the trial court on liability but set aside costs against the worker.

• Unfair Termination
• Constructive Dismissal
• Costs Award
• Employee Misconduct
• Constructive-dismissal
• Unfair-termination

Njuguna v Times U Sacco Limited

Njuguna v Times U Sacco Limited [2024] KEELRC 1249 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E011 of 2023

Judge

ON Makau

The court found valid reason for dismissal for insubordination, but held the termination unfair because the respondent skipped key disciplinary steps and appeal procedures.

• Unfair Termination
• Disciplinary Procedure
• Right To Fair Hearing
• Remedies For Unlawful Dismissal
• Unfair-termination
• Disciplinary-procedure

Wambari v Nairobi Bottlers Limited

Wambari v Nairobi Bottlers Limited [2024] KEELRC 919 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E129 of 2022

Judge

BOM Manani

The court found that the Claimant willfully refused to attend a meeting convened by her line manager, which constituted insubordination and gross misconduct under section 44 of the Employment Act. The Respondent followed due process by issuing a show cause letter, conducting a disciplinary hearing where the Claimant was informed of her rights and given an opportunity to be heard, and communicating the outcome with a right of appeal. The Claimant's allegations of bias and lack of due process were not substantiated by the evidence. The court concluded that the Respondent had valid reasons for t…

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• Unfair Termination
• Insubordination
• Disciplinary Process
• Gross Misconduct

Njeru v Vision Fund Kenya Limited

Njeru v Vision Fund Kenya Limited [2023] KEELRC 1750 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1305 of 2018

Judge

J Rika

The court found that the claimant was afforded the minimum statutory standards of fairness in the procedure leading to her termination. She was aware of the allegations against her, was given an opportunity to respond, and the respondent adhered to its Human Resource Manual and the Employment Act. The claimant's persistent refusal to sign the performance agreement, which was mandatory for all employees, amounted to insubordination under Section 44(4)(e) of the Employment Act. The court determined that the respondent had a valid and fair reason to terminate the claimant's employment, as requir…

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• Unfair Termination
• Insubordination
• Redeployment
• Redundancy Procedure
• Disciplinary Process
• Employment Contracts