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Employment law [2026] KEMC 811 (KLR)

Cheva v Pan Africa Logistics Limited

Cheva v Pan Africa Logistics Limited (Environment and Land Case E298 of 2024) [2026] KEMC 811 (KLR) (27 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Environment and Land Case E298 of 2024
Judge
["EM Mwamuye"]

The Court found that although the Respondent proved financial difficulty, it did not prove that the Claimant’s particular role had become redundant in September 2023, nor did it show a fresh redundancy process, fresh notice, Labour Officer notice, or contemporaneous consultation proximate to the actual termination. The 2021 redundancy exercise had been overtaken by continued employment, unpaid leave, and recall to work. The termination was therefore substantively and procedurally unfair under sections 40 and 45 of the Employment Act. The Claimant was awarded severance, admitted outstanding gr…

Source excerpt

  • Termination of employment
  • Redundancy
  • Procedural fairness
  • Substantive fairness
  • Severance pay
  • Contractual gratuity
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Employment law [2026] KEMC 783 (KLR)

Sheikh v Motrex Ltd

Sheikh v Motrex Ltd (Employment and Labour Relations Cause 245 of 2019) [2026] KEMC 783 (KLR) (27 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Employment and Labour Relations Cause 245 of 2019
Judge
["EM Mwamuye"]

The Court held that sleeping while on security duty was a serious dereliction of duty and, given the Claimant’s own admission in the disciplinary minutes, provided a valid and fair substantive reason for dismissal. However, because the Respondent issued the show-cause notice and disciplinary hearing invitation on the same day and heard the Claimant without giving reasonable time to prepare a defence, the termination was procedurally unfair under section 41 of the Employment Act. The Court therefore awarded limited compensation for procedural unfairness only and dismissed the other monetary cl…

Source excerpt

  • Unfair termination
  • Procedural fairness under section 41
  • Substantive justification for dismissal
  • Gross misconduct by security guard sleeping on duty
  • Compensation for unfair termination
  • Certificate of service
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Employment and labour law [2026] KEELRC 2392 (KLR)

Sana Industries Ltd v Mokeira (Appeal E302 of 2025)

Sana Industries Ltd v Mokeira (Appeal E302 of 2025) [2026] KEELRC 2392 (KLR) (14 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E302 of 2025
Judge
["M Mbarũ"]

The appeal failed because the appellant’s own records showed the respondent was present and signed in on 30 and 31 January 2024, yet the appellant alleged absenteeism and desertion on those very dates. The court found the disciplinary process and records unreliable and manipulated, held that the respondent was unfairly terminated, and affirmed conversion of the relationship into protected employment under section 37. However, the court adjusted the monetary award to reflect the respondent’s wage and statutory limits, upheld compensation and notice pay, allowed leave and underpayments on revis…

Source excerpt

  • Unfair termination
  • Desertion of duty
  • Casual employment conversion under section 37
  • Burden of proof in unfair termination claims
  • Notice pay
  • Compensation for unfair termination
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Employment and labour law [2026] KEELRC 2386 (KLR)

Dinlas Pharma EPZ Ltd v Ndamwe (Appeal E182 of 2025)

Dinlas Pharma EPZ Ltd v Ndamwe (Appeal E182 of 2025) [2026] KEELRC 2386 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E182 of 2025
Judge
["NJ Abuodha"]

The Court held that the respondent was on a single fixed-term contract that expired on its stated end date, and the renewal clause was discretionary, not a promise of renewal. The respondent showed no regular practice or clear promise sufficient to establish legitimate expectation. Accordingly, there was no unfair termination, so the compensation award was set aside. However, leave pay was upheld because the appellant failed to show the respondent had taken leave, and the bond money was ordered refunded because the employment relationship had ended and the appellant retained the respondent’s…

Source excerpt

  • Fixed-term contracts
  • Legitimate expectation
  • Non-renewal of contract
  • Unfair termination
  • Leave pay
  • Bond refund
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Employment law [2026] KEELRC 2395 (KLR)

Kungu v Board of Managment Alliance High School (Appeal E180 of 2024)

Kungu v Board of Managment Alliance High School (Appeal E180 of 2024) [2026] KEELRC 2395 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E180 of 2024
Judge
["NJ Abuodha"]

The appellant worked for the respondent from 2016 to 2021, which was far beyond the statutory limit for casual engagement. Her employment therefore converted by operation of Section 37 into regular employment. The respondent did not prove lawful termination or any genuine attempts to contact the appellant before alleging abscondment. The termination was therefore unfair, and the appellant was entitled to statutory remedies.

Source excerpt

  • Casual employment conversion under section 37
  • Unfair termination
  • Abscondment of duty
  • Notice pay
  • Compensation for unfair termination
  • Leave pay
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Employment law [2026] KEELRC 2374 (KLR)

Hart v Schenker Ltd

Hart v Schenker Ltd (Employment and Labour Relations Cause 4 of 2019) [2026] KEELRC 2374 (KLR) (10 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause 4 of 2019
Judge
["K Ocharo"]

The claimant proved a sustained course of conduct by the respondent—public humiliation, unilateral and unexplained alteration of reporting lines, an unfair final warning without a hearing, repeated silence to her complaints, and refusal of a visa support letter—that objectively destroyed mutual trust and confidence and made continued employment intolerable. Her evidence was credible, documentary, and sufficient despite the respondent’s failure to call witnesses. The respondent’s counterclaim failed because it was unproved and, independently, time-barred. Accordingly, the claimant was construc…

Source excerpt

  • Constructive dismissal
  • Unfair termination
  • Burden of proof
  • Admissibility of electronic evidence
  • Counterclaim limitation
  • Certificate of service
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Employment law [2026] KEELRC 2381 (KLR)

Moraa v Gyto Security Ltd

Moraa v Gyto Security Ltd (Employment and Labour Relations Appeal E087 of 2025) [2026] KEELRC 2381 (KLR) (7 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E087 of 2025
Judge
["K Ocharo"]

The respondent called no evidence to prove desertion or any lawful basis for termination, so the appellant's termination was substantively and procedurally unfair. Notice pay was due because summary dismissal was not justified. Underpayment was proved on the basis of the applicable statutory minimum wage, and compensation for unfair termination had to be recalculated using that lawful minimum rather than the unlawfully depressed wage actually paid. House allowance succeeded because the respondent proved no contractual or evidential basis for an all-inclusive salary, but leave pay and public h…

Source excerpt

  • Unfair termination
  • Constructive desertion/absconding dispute
  • Burden of proof in termination claims
  • Notice pay
  • Underpayment and minimum wage
  • House allowance
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Employment and labour law [2026] KEELRC 2247 (KLR)

Yejoka Garden Restaurant Limited v Ambuchi

Yejoka Garden Restaurant Limited v Ambuchi (Employment and Labour Relations Appeal E042 of 2024) [2026] KEELRC 2247 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E042 of 2024
Judge
["DKN Marete"]

The appeal succeeded only in part. The court upheld the trial court’s factual finding that the Respondent absconded duty, but held that this finding was legally inconsistent with any declaration of unfair and unlawful dismissal or an award of compensation for unfair termination. Those elements were set aside. The monetary awards for salary arrears, house allowance, public holidays worked, unpaid leave, and service pay were affirmed because they were supported by evidence and did not depend on a finding of unfair termination. Costs of the trial were set aside, each party bearing its own costs…

Source excerpt

  • Unfair termination
  • Abscondment from duty
  • Burden of proof
  • Assessment of evidence on first appeal
  • Salary arrears
  • House allowance
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Employment law [2026] KEELRC 2267 (KLR)

Pride Kings Services Limited v Koniala (Appeal E111 of 2025)

Pride Kings Services Limited v Koniala (Appeal E111 of 2025) [2026] KEELRC 2267 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E111 of 2025
Judge
["Nzioki wa Makau"]

The appellate court found that the respondent had been constructively dismissed because non-payment of salaries for three months amounted to a fundamental breach of contract. The trial magistrate correctly held that there was constructive dismissal and was entitled to award compensation. However, the monetary awards required revision to comply with the limitation period for continuing injury, resulting in reduction of leave and house allowance sums while upholding the finding on underpayment and compensation.

Source excerpt

  • Constructive dismissal
  • Unfair termination
  • Burden of proof in employment disputes
  • Underpayment of wages
  • Leave pay
  • House allowance
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Employment and labour law [2026] KEELRC 2284 (KLR)

Mulyungi v April Sun Trading Ltd

Mulyungi v April Sun Trading Ltd (Employment and Labour Relations Appeal E157 of 2023) [2026] KEELRC 2284 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E157 of 2023
Judge
["DKN Marete"]

The respondent failed to prove that the appellant was a piece-rate worker or that she deserted duty; by operation of section 10(7) and the absence of employment records, the court treated her as an employee under a contract of service. The respondent also failed to prove a valid reason and fair procedure for termination under sections 41, 43 and 45, so the dismissal was unfair. The appellant was therefore entitled to notice pay, service pay, leave pay, public holidays pay and six months' compensation, while the respondent's counterclaim for recruitment and training costs had no legal basis an…

Source excerpt

  • Employment relationship classification
  • Unfair and unlawful termination
  • Desertion of duty
  • Burden of proof under employment act section 10(7)
  • Notice pay
  • Service pay
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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