Kenya Case Law

Mango v Hatari Security Ltd (Appeal E001 of 2026)

Mango v Hatari Security Ltd (Appeal E001 of 2026) [2026] KEELRC 2198 (KLR) (30 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E001 of 2026

Judge

["J Rika"]

The appeal failed because the record showed the appellant voluntarily resigned through a letter dated 7th November 2022 and executed a clearance form discharging the respondent from further claims. There was no evidentiary basis to support allegations of forgery or forced termination, and the monetary claims for overtime and off-duty days were unsupported by the pleadings and trial evidence. The trial court was therefore correct to reject compensation and notice pay, and the appeal was dismissed as lacking merit.

Source excerpt

• Unfair termination
• Resignation
• Notice pay
• Terminal benefits
• Proof of employment claims
• Appellate review

Kuria v Hatari Security Ltd (Appeal E095 of 2025)

Kuria v Hatari Security Ltd (Appeal E095 of 2025) [2026] KEELRC 2255 (KLR) (30 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E095 of 2025

Judge

["J Rika"]

The appeal failed because the evidence on record showed that the appellant wrote and signed a resignation letter, submitted a clearance form, and the respondent acknowledged receipt; his allegation of forgery was unproven and damaged his credibility. Having voluntarily resigned, he was not entitled to notice pay or compensation, and the additional monetary claims for overtime, public holidays, off-duty days, annual leave and reimbursement were unsupported by proper pleading and proof.

Source excerpt

• Unfair termination
• Resignation
• Notice pay
• Compensation for termination
• Overtime claims
• Public holiday pay

Achuny v Valley Confectionery Ltd

Achuny v Valley Confectionery Ltd (Employment and Labour Relations Appeal E058 of 2025) [2026] KEELRC 1982 (KLR) (10 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E058 of 2025

Judge

["AN Mwaure"]

The appellant did not prove constructive dismissal. The resignation letter did not establish intolerable working conditions or a fundamental breach by the employer, and the evidence fell short of the objective and causal tests for constructive dismissal. The cross-appeal also failed because the trial court’s award of salary for days worked and half costs was upheld as fair.

Source excerpt

• Constructive dismissal
• Resignation
• Terminal dues
• Costs
• Burden of proof
• Collective bargaining agreement

Ahmed v Silver Star Automobiles Ltd

Ahmed v Silver Star Automobiles Ltd (Cause E339 of 2022) [2026] KEELRC 1888 (KLR) (2 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E339 of 2022

Judge

["NJ Abuodha"]

The claim and counterclaim both collapsed because neither side proved its monetary allegations to the required standard. The claimant failed to prove the asserted salary, unpaid leave, service pay, commission, or loans, while the respondent failed to prove the alleged unauthorized drawings or the factual and legal basis for recovery of house and plots allegedly transferred as employment benefits. The court therefore declined to adjudicate meritlessly pleaded family-business grievances and dismissed both sides’ cases.

Source excerpt

• Resignation
• Service pay
• Leave pay
• Salary arrears
• Commission claim
• Loan recovery

Wahothi v Pharmaplus Pharmaceuticals Ltd

Wahothi v Pharmaplus Pharmaceuticals Ltd (Cause E260 of 2021) [2026] KEELRC 1574 (KLR) (11 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E260 of 2021

Judge

["ON Makau"]

The claimant’s written resignation of 28 June 2020 was clear, unconditional, and contained no complaint of coercion or intolerable conduct; therefore the separation was voluntary resignation, not constructive dismissal or summary dismissal. The claimant failed to prove overtime and public holiday claims with particulars or documentary evidence, but he proved unpaid June salary, leave entitlement, housing allowance, and service pay on the evidence before court.

Source excerpt

• Constructive dismissal
• Resignation
• Unfair labour practices
• Unpaid salary
• Leave pay
• Housing allowance

KUDHEIHA Workers v Gonzales

KUDHEIHA Workers v Gonzales (Cause E032 of 2025) [2026] KEELRC 1427 (KLR) (28 May 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E032 of 2025

Judge

["M Mbarũ"]

The court held that absence of a recognition agreement did not defeat the claimant’s right to represent its member. Because the respondent produced no work records despite admitting employment, the court applied the Employment Act protections and awarded proved or statutory terminal dues. It found notice pay, leave pay, and service pay payable, but rejected the underpayment and public holiday claims for lack of basis. Costs followed the success of the claim.

Source excerpt

• Terminal dues
• Resignation
• Notice pay
• Leave pay
• Service pay
• Underpayment of wages

Elemech Engineering Kenya Limited v Njirani (Appeal E004 of 2024)

Elemech Engineering Kenya Limited v Njirani (Appeal E004 of 2024) [2026] KEELRC 1376 (KLR) (22 May 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E004 of 2024

Judge

["AN Mwaure"]

The court held that the respondent voluntarily resigned, so there was no wrongful termination. It upheld the award for underpayment and leave pay because those claims were sufficiently demonstrated, but set aside the awards for overtime, public holiday pay and off-duty/rest day pay because the respondent failed to provide material evidence proving the hours and days allegedly worked. The trial court’s monetary award was therefore reduced to Kshs.143,168.50.

Source excerpt

• Burden of proof
• Unfair termination
• Resignation
• Underpayment
• Leave pay
• Overtime claims

Ahmed v Malik (Sued as Chairman of Sir Ali Muslim Club) & 3 others

Ahmed v Malik (Sued as Chairman of Sir Ali Muslim Club) & 3 others (Cause E063 of 2022) [2026] KEELRC 1108 (KLR) (27 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E063 of 2022

The Employment and Labour Relations Court held that the claimant did not prove constructive dismissal or unfair termination, and dismissed both the claim and counterclaim.

• Constructive dismissal
• Unfair termination
• Resignation
• Service pay
• Procedural fairness
• Substantive fairness

Naiberi River Campsite and Resort v Jomo

Naiberi River Campsite and Resort v Jomo (Employment and Labour Relations Appeal E012 of 2022) [2026] KEELRC 978 (KLR) (16 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E012 of 2022

The court held that the respondent voluntarily resigned rather than proving constructive dismissal, and set aside most awards for unfair termination.

• Unfair termination
• Constructive dismissal
• Terminal dues
• Resignation
• Service pay
• Employment-law

Livoi v Biodeal Laboratories Ltd

Livoi v Biodeal Laboratories Ltd (Cause E848 of 2024) [2025] KEELRC 3680 (KLR) (18 December 2025) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E848 of 2024

The Claimant’s admission of voluntary resignation negates any claim of unfair termination; the employment relationship ended by resignation, not termination, and no remedies for unfair termination are available.

Source excerpt

• Unfair termination
• Resignation
• Redundancy
• Constructive dismissal
• Employment remedies