Kenya Case Law

Kenya Universities Staff Union University of Eldoret Branch v University of Eldoret & 2 others

Kenya Universities Staff Union University of Eldoret Branch v University of Eldoret & 2 others (Petition E017 of 2025) [2026] KEELRC 2299 (KLR) (30 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E017 of 2025

Judge

["MA Onyango"]

The Court held that the 2012/2013 CBA was still valid, binding and enforceable because it expressly continued until mutually amended or replaced, and no written notice, negotiation, registered replacement agreement, or lawful variation was proved. Government Circular Ref. No. OP/CAB.9/1 could not unilaterally override a registered CBA or alter the retirement age without following collective bargaining or other lawful procedures. The retirement notices issued on the basis of the circular were therefore unlawful, violated Article 41, and were set aside.

Source excerpt

• Collective bargaining agreement enforcement
• Retirement age
• Unilateral variation of employment terms
• Government circular versus cba
• Legitimate expectation
• Fair labour practices

Universities Academic Staff Union (UASU) v Public Service Commission & 2 others

Universities Academic Staff Union (UASU) v Public Service Commission & 2 others (Petition E082 of 2026) [2026] KEELRC 2332 (KLR) (29 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E082 of 2026

Judge

["JW Keli"]

The Court held that the Public Service Commission had constitutional and statutory authority under Article 234 of the Constitution, section 80 and section 92(2)(f) of the PSC Act, and regulation 70(1)(c) of the PSC Regulations, 2020, to set retirement ages for public service lecturers and researchers. Because the governing retirement policy had changed, the circular did not unlawfully override the applicable law, and any CBA terms inconsistent with that policy could not prevail. The Court further held that there was no enforceable legitimate expectation to retain the higher CBA retirement age…

Source excerpt

• Retirement age
• Collective bargaining agreements
• Ultra vires action
• Legitimate expectation
• Public service commission mandate
• Administrative circulars

Mwamburi v Taita Taveta University

Mwamburi v Taita Taveta University (Employment and Labour Relations Cause E005 of 2024) [2026] KEMC 139 (KLR) (23 June 2026) (Judgment)

Court

Magistrate's Court

Case number

Employment and Labour Relations Cause E005 of 2024

Judge

["TN Sinkiyian"]

The court held that the claimant proved continuous service as a store clerk from 2008 to 2016, and the respondent failed to rebut that reality with records. The succession of 2½-month contracts was used unlawfully to avoid statutory employment obligations, so section 37 applied and the claimant was entitled to be treated as a protected employee rather than a casual worker. On that basis, the court awarded terminal dues computed over the full period of service, ordered issuance of a certificate of service reflecting service from October 2008 to August 2016, dismissed the objection on prematuri…

Source excerpt

• Casual employment conversion under section 37
• Retirement age
• Terminal dues
• Certificate of service
• Fair labour practices
• Exhaustion of remedies

Mahaga & 3 others v Inter-Public Universities Councils Consultative Forum of the Federation Of Kenya Employers & 2 others

Mahaga & 3 others v Inter-Public Universities Councils Consultative Forum of the Federation Of Kenya Employers & 2 others (Petition E230 of 2025) [2026] KEELRC 1721 (KLR) (19 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Petition E230 of 2025

Judge

["JW Keli"]

The court held that Clause 4 of the 2021-2025 CBA was illegal and discriminatory because the University and the Union had no mandate to increase the retirement age of a category of KUSU members from 60 to 65 years outside the governing public service policy. Since KUSU represents non-academic staff and the petitioners fell within that class, the differential retirement age lacked lawful justification and violated equality norms. The petition succeeded, but the court declined compensation because the declaratory and coercive orders already vindicated the rights involved.

Source excerpt

• Collective bargaining agreement
• Discrimination in employment
• Retirement age
• Union membership locus standi
• Public service policy
• Non-academic and academic staff classification

Kenya Chemical Workers Union v Cosmos Limited

Kenya Chemical Workers Union v Cosmos Limited (Employment and Labour Relations Cause E181 of 2026) [2026] KEELRC 1084 (KLR) (27 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E181 of 2026

The Claimant failed to establish a prima facie case for interim injunctive relief as evidence of changed retirement age was limited to three employees, not all unionisable employees. Any loss from retirement at 55 years is quantifiable and compensable in damages, and remedies of reinstatement or re-engagement exist. Discovery was declined as retirement notices are in possession of Claimant's members. Timelines for filing defense are already fixed by rules.

Source excerpt

• Collective bargaining agreement
• Retirement age
• Interim injunctions
• Discovery
• Employment contracts

Kimengi v Moi University & 2 others

Kimengi v Moi University & 2 others (Cause E050 of 2025) [2026] KEELRC 1095 (KLR) (23 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E050 of 2025

The court held that the claimant’s retirement age was 74 years under a later CBA, and ordered reinstatement to payroll with salary and benefits.

• Retirement age
• Collective bargaining agreement
• Unfair labour practices
• Payroll reinstatement
• Retirement-age
• Collective-bargaining-agreement