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Kenya decisions
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Kingiri v Surtech Ltd & another (Appeal E030 of 2025) [2026] KEELRC 2440 (KLR) (31 August 2026) (Judgment)
The court allowed the appeal, held that non-payment of salary and failure to regularize the employment relationship amounted to constructive unfair dismissal, and awarded compensation and notice pay.
Opiyo v Cobra Security Co. Ltd (Cause E006 of 2025) [2026] KEELRC 1191 (KLR) (30 April 2026) (Judgment)
The court found the dismissal substantively justified for gross misconduct, but unfair for lack of procedural fairness. The claimant received partial monetary relief.
Korir v Lawina Company Limited & 2 others (Cause 536 of 2018) [2026] KEELRC 1119 (KLR) (30 April 2026) (Judgment)
The 2nd and 3rd Respondents were improperly joined as directors and struck out; the Claimant was a regular employee, not casual; the 1st Respondent unlawfully and unfairly terminated the Claimant without valid reason or due process; the Claimant is entitled to salary, service pay, leave pay, compensation, and a certificate of service.
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Msafari v Alternative Energy Systems Limited (Cause E120 of 2025) [2026] KEELRC 1162 (KLR) (30 April 2026) (Judgment)
The court found that a unilateral salary reduction amounted to constructive dismissal, awarded compensation and some salary-related reliefs, and dismissed the employer’s counterclaim.
Ngiri v Steel Markers Limited (Cause E036 of 2025) [2026] KEELRC 1076 (KLR) (24 April 2026) (Judgment)
The court found the employee’s termination unfair and unlawful, awarded salary arrears, notice pay, leave, SACCO deductions, and constitutional damages.
Agenga v Gold Crown Beverages (Kenya) Limited (Cause E094 of 2025) [2026] KEELRC 1047 (KLR) (23 April 2026) (Judgment)
The claimant was constructively dismissed due to intolerable working conditions, lack of job description, unlawful deductions, and forced resignation, amounting to unlawful and unfair termination under the Employment Act.
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JRS Group Ltd v Mohammed (Appeal E021 of 2025) [2026] KEELRC 996 (KLR) (21 April 2026) (Judgment)
The appellant failed to discharge the statutory burden of proof to justify the termination of the respondent's employment. There was no evidence of proper procedure or documentation supporting the alleged desertion. The trial court correctly found the termination unfair and awarded remedies within its discretion. The appeal was dismissed as the trial court's findings and awards were justified.
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Zedi v Junction Forex Bureau (Employment and Labour Relations Appeal E075 of 2023) [2026] KEELRC 1185 (KLR) (17 April 2026) (Judgment)
The appeal was competent, the trial court correctly found employment commenced in 2019, but erred in finding desertion; termination was unfair and procedurally defective. Reliefs were awarded based on proven employment period and admitted salary, with counter-claim set off.
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Fungututi v Amex Auto Parts Limited (Cause E6516 of 2020) [2026] KEELRC 1016 (KLR) (9 April 2026) (Judgment)
Unilateral reduction of salary without consultation or valid reason amounted to fundamental breach of contract; Claimant entitled to repudiate contract and receive compensation for unlawful and unfair termination; new contract did not absolve Respondent from liability under first contract as it was frustrated and not performed.
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Sidoman Investments Company Limited v Mcharo (Appeal E154 of 2025) [2025] KEELRC 3690 (KLR) (18 December 2025) (Judgment)
The court upheld unfair termination and underpayment findings, adjusted monetary awards, and allowed the employer’s counterclaim for vehicle losses and unreturned items.
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