Kenya Case Law

Joseph v Wonder Feeds Ltd

Joseph v Wonder Feeds Ltd (Employment and Labour Relations Cause E256 of 2023) [2026] KEMC 398 (KLR) (30 July 2026) (Judgment)

Court

Magistrate's Court

Case number

Employment and Labour Relations Cause E256 of 2023

Judge

["PA Ndege"]

The claimant failed to prove that the respondent terminated his employment; the evidence showed successive fixed-term contracts that expired by effluxion of time. Because no unlawful termination was established, the compensation claim failed. The claimant also failed to strictly prove underpayment, overtime, leave denial, and public holiday work. The suit was dismissed.

Source excerpt

• Fixed-term contracts
• Unfair termination
• Underpayment
• Overtime compensation
• Annual leave
• Public holiday pay

Angaya v Texas Alarms(K) Ltd

Angaya v Texas Alarms(K) Ltd (Cause 78 of 2023) [2026] KEMC 465 (KLR) (30 July 2026) (Judgment)

Court

Magistrate's Court

Case number

Cause 78 of 2023

Judge

["EM Mwamuye"]

The Claimant failed to discharge the burden of proof for both underpayment and unpaid overtime. His underpayment computation did not perform a proper wage-order-by-wage-order comparison, and the Respondent's payslips showed separate house allowance and periodic salary increases. On overtime, the payroll records showed that overtime, rest-day and holiday payments were made in some months, but the Claimant produced no rosters, attendance records or other contemporaneous evidence to establish the specific unpaid overtime alleged. The entire monetary claim therefore failed on a balance of probabi…

Source excerpt

• Underpayment of wages
• Overtime compensation
• Burden of proof in employment claims
• Employment records
• Retirement and terminal dues

Everflora Ltd v Simiyu

Everflora Ltd v Simiyu (Civil Application E329 of 2026) [2026] KECA 1301 (KLR) (7 July 2026) (Ruling)

Court

Court of Appeal

Case number

Civil Application E329 of 2026

Judge

["A Ali-Aroni"]

The court found the nine-day delay short and satisfactorily explained by inadvertence in counsel’s office, held that the proposed appeal was arguable because it raised a limitation issue under the Employment Act, and found no demonstrated prejudice to the respondent. Applying the Leo Sila Mutiso factors, the court exercised its discretion to extend time and deem the notice of appeal duly filed and served.

Source excerpt

• Extension of time
• Notice of appeal
• Delay in filing
• Counsel mistake
• Arguable appeal
• Prejudice

Yellowline Logistics Ltd v Mwangi (Appeal E239 of 2024)

Yellowline Logistics Ltd v Mwangi (Appeal E239 of 2024) [2026] KEELRC 1186 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E239 of 2024

The Employment and Labour Relations Court allowed the appeal and set aside a KShs. 4,823,015 overtime award, finding the employee had not proved the claim.

• Unfair termination
• Redundancy
• Overtime compensation
• Employment contract
• Burden of proof
• Overtime-compensation

Nafula v Everflora Limited (Appeal E148 of 2024)

Nafula v Everflora Limited (Appeal E148 of 2024) [2026] KEELRC 1150 (KLR) (17 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E148 of 2024

The trial court erred in law and fact by failing to consider the Appellant's evidence and dismissing her claim for overtime compensation. The Appellant demonstrated she worked four extra hours daily, two of which were uncompensated, entitling her to overtime payment under statutory regulations.

Source excerpt

• Overtime compensation
• Employment contract
• Burden of proof
• Unfair dismissal