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Employment law [2026] KEELRC 2382 (KLR)

Mutwiwa v Trinity Kindergarten Preparatory School (Appeal E213 of 2025)

Mutwiwa v Trinity Kindergarten Preparatory School (Appeal E213 of 2025) [2026] KEELRC 2382 (KLR) (12 August 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E213 of 2025
Judge
["NJ Abuodha"]

The appellate court found that the Respondent failed to prove the alleged competing school, failed to justify the termination reason, and failed to comply with the mandatory disciplinary hearing requirements under section 41 of the Employment Act. The dismissal was therefore substantively and procedurally unfair, and the Appellant was entitled to compensation and related employment dues.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Procedural fairness
  • Substantive fairness
  • Burden of proof
  • Compensation for unfair termination
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Employment and labour law [2026] KEELRC 2292 (KLR)

Nyangongo v Akola, Principal Kisii National Polytechnic & another

Nyangongo v Akola, Principal Kisii National Polytechnic & another (Miscellaneous Application E001 of 2024) [2026] KEELRC 2292 (KLR) (31 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Miscellaneous Application E001 of 2024
Judge
["Nzioki wa Makau"]

The applicant failed to demonstrate any valid ground for review under Rule 74(1). The court found that the earlier ruling had already held there was compliance by the respondent and contempt could not lie, so the complaint about salary non-payment did not amount to an error apparent on the face of the record. Review and setting aside were therefore refused.

Source excerpt

  • Review of judgment or ruling
  • Error apparent on the face of the record
  • Salary arrears
  • Compliance with court orders
  • Dismissal of contempt application
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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 2312 (KLR)

Nikolic v Lewis alias Christine Muturi and Christine Wanami t/a Healthcare Consultants & another

Nikolic v Lewis alias Christine Muturi and Christine Wanami t/a Healthcare Consultants & another (Employment and Labour Relations Cause E1075 of 2024) [2026] KEELRC 2312 (KLR) (30 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E1075 of 2024
Judge
["BOM Manani"]

The court held that the parties had an employment relationship, that the Respondents fundamentally breached the contract by failing to pay salary, and that this breach forced the Claimant to resign, amounting to constructive dismissal. The Claimant was therefore entitled to salary arrears from 1 July 2024 and compensation for unfair termination, but not constitutional or mental distress damages.

Source excerpt

  • Constructive dismissal
  • Salary arrears
  • Unfair termination compensation
  • Fair labour practices
  • Employee remuneration
  • Defence default judgment
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Employment and labour law [2026] KEELRC 2261 (KLR)

Maina v National Coffee Co-operative Union Limited

Maina v National Coffee Co-operative Union Limited (Cause E621 of 2024) [2026] KEELRC 2261 (KLR) (30 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E621 of 2024
Judge
["ON Makau"]

The Respondent failed to adduce evidence proving valid reasons for termination or compliance with fair procedure. The Claimant had completed probation, was not shown to have been appraised or warned, and was not given a proper disciplinary hearing under section 41. The termination was therefore unfair and unlawful under section 45, justifying notice pay, compensation, salary arrears, and leave pay.

Source excerpt

  • Unfair termination
  • Procedural fairness
  • Substantive justification
  • Salary arrears
  • Notice pay
  • Leave pay
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Employment and labour law [2026] KEELRC 2199 (KLR)

Kenya Union of Deomestic, Hotels, Educational Institutions and Hospitals Workers [KUDHEIHA] v B.O.M Nyakiambi Girls Secondary School

Kenya Union of Deomestic, Hotels, Educational Institutions and Hospitals Workers [KUDHEIHA] v B.O.M Nyakiambi Girls Secondary School (Cause E060 of 2025) [2026] KEELRC 2199 (KLR) (30 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E060 of 2025
Judge
["J Rika"]

The Respondent failed to adduce any evidence establishing a valid reason for the Grievant’s summary dismissal. Although the disciplinary process complied with sections 41 and 45 of the Employment Act, the dismissal was substantively unfair because the allegations of theft, negligence and possession of stolen goods were unproved. The Court therefore declared the termination unfair and awarded service pay, notice pay, salary arrears and compensation, while rejecting the prayers for fines and general damages for lack of legal foundation.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Disciplinary hearing
  • Notice pay
  • Service pay
  • Salary arrears
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Employment law [2026] KEELRC 2209 (KLR)

Amfwa v Bagatelle NBO Ventures Limited t/a Bagatelle NBO

Amfwa v Bagatelle NBO Ventures Limited t/a Bagatelle NBO (Cause E418 of 2024) [2026] KEELRC 2209 (KLR) (30 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E418 of 2024
Judge
["ON Makau"]

The Respondent failed to rebut the Claimant’s evidence and did not prove any valid reason for termination or compliance with fair procedure. The court therefore found the termination unfair and unlawful, awarded one month salary in lieu of notice, one month salary as compensation, and proved salary arrears, while rejecting severance pay and general damages.

Source excerpt

  • Unfair termination
  • Unlawful dismissal
  • Salary arrears
  • Notice pay
  • Compensation for unfair termination
  • Formal proof
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Employment and labour law [2026] KEELRC 2223 (KLR)

Nyabande v National Police Service Commission & 2 others

Nyabande v National Police Service Commission & 2 others (Judicial Review Application 37 of 2020) [2026] KEELRC 2223 (KLR) (30 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Judicial Review Application 37 of 2020
Judge
["M Mbarũ"]

The application failed as framed because the judgment of 14 February 2024 was directed at both the 1st and 2nd respondents in relation to distinct constitutional functions, and summoning only the 1st respondent’s accounting officer would not effectively enforce compliance. The court therefore declined to issue contempt and committal orders as prayed, despite the undisputed knowledge of the judgment.

Source excerpt

  • Enforcement of mandamus orders
  • Reinstatement to police service
  • Salary arrears
  • Alleged disobedience of court orders
  • Separation of functions between national police service commission and inspector general
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Employment and labour law [2026] KEELRC 2190 (KLR)

Wairimu v Ngirabi Enterprise & another

Wairimu v Ngirabi Enterprise & another (Cause E052 of 2025) [2026] KEELRC 2190 (KLR) (29 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E052 of 2025
Judge
["AN Mwaure"]

The Respondent terminated the Claimant unlawfully and wrongfully because no notice to show cause or disciplinary hearing was held, and the employer failed to satisfy the statutory requirements under sections 41, 43, 45(2), and 47(5) of the Employment Act. The court therefore found unfair termination proved, but only awarded amounts that were specifically established by the evidence.

Source excerpt

  • Unfair termination
  • Procedural fairness
  • Substantive justification
  • Salary arrears
  • Notice pay
  • Compensation for unfair termination
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Employment and labour law [2026] KEELRC 2336 (KLR)

Githinji v Jay Raj Enterprises Ltd (Appeal E149 of 2024)

Githinji v Jay Raj Enterprises Ltd (Appeal E149 of 2024) [2026] KEELRC 2336 (KLR) (28 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E149 of 2024
Judge
["NJ Abuodha"]

The trial court erred in holding that no employment relationship was proved. The appellant gave enough evidence that he worked as a driver on a monthly salary, while the respondent failed to produce records, payment vouchers, attendance registers, or any credible proof of casual engagement. On the facts, the relationship had converted into term employment under section 37. The respondent also failed to justify the termination or show a fair disciplinary process, so the dismissal was substantively and procedurally unfair. However, claims for underpayments, house allowance, overtime and leave w…

Source excerpt

  • Existence of employment relationship
  • Casual employee conversion to term contract
  • Unfair termination
  • Burden of proof and records under employment act
  • Notice pay
  • Compensation for unfair dismissal
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.