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Kingiri v Surtech Ltd & another (Appeal E030 of 2025) [2026] KEELRC 2440 (KLR) (31 August 2026) (Judgment)
The court allowed the appeal, held that non-payment of salary and failure to regularize the employment relationship amounted to constructive unfair dismissal, and awarded compensation and notice pay.
Mithika v Manpower Networks Ltd (Environment and Land Case E601 of 2025) [2026] KEMC 809 (KLR) (27 August 2026) (Judgment)
The Claimant failed to prove that his engagement with the Respondent was a continuous monthly contract or that it converted under section 37 into fixed employment. The documentary evidence showed signed piece-rate engagement terms, variable payments, weekly payrolls and daily engagement records consistent with work-availability-based engagement. Because the Claimant did not establish that the Respondent terminated a subsisting continuous contract on 2nd September 2024, the claims for unfair termination, notice pay, service pay and compensation failed. However, the existence of an employment r…
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Were v Nairobi Chapel & 2 others (Cause 198 of 2020) [2026] KEELRC 2412 (KLR) (14 August 2026) (Judgment)
The court held that the employer's conduct in creating financial pressure, inducing resignation, promising an exit package, and then replacing the claimant's position amounted to constructive dismissal. It also held that the bank breached its duty of care by reversing funds from the claimant's account without involving her, so the claimant was entitled to repayment with commercial interest, subject to an offset mechanism against any competing debit balance. The respondents' counterclaims failed because the bank's unilateral reversal was wrongful and the employer did not prove quantified loss…
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Kungu v Board of Managment Alliance High School (Appeal E180 of 2024) [2026] KEELRC 2395 (KLR) (12 August 2026) (Judgment)
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.
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Yejoka Garden Restaurant Limited v Ambuchi (Employment and Labour Relations Appeal E042 of 2024) [2026] KEELRC 2247 (KLR) (31 July 2026) (Judgment)
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…
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Mulyungi v April Sun Trading Ltd (Employment and Labour Relations Appeal E157 of 2023) [2026] KEELRC 2284 (KLR) (31 July 2026) (Judgment)
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…
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Shuga v Registered Trustees of the Salvation Army Likoni Corps (Cause E143 of 2025) [2026] KEMC 476 (KLR) (30 July 2026) (Judgment)
The Court found that the Claimant’s employment commenced on 2 May 2016 because the Respondent produced no records to rebut that assertion. The Respondent also failed to prove a valid reason for termination because the alleged sleeping on duty and resulting theft were unsupported by cogent evidence. Procedural fairness was not proved because service of the show cause letter and attendance at disciplinary hearings were not demonstrated. The termination was therefore unfair and unlawful, and the Claimant was entitled to the proven monetary remedies within the statutory limitation period.
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Naushad Trading Company Ltd v Munywoki (Employment and Labour Relations Appeal E003 of 2026) [2026] KEELRC 2195 (KLR) (30 July 2026) (Judgment)
The court held that the respondent was continuously engaged by the appellant as a loader from 1998, that the long, unrebutted piece-rate engagement converted into a contract of service under section 37 of the Employment Act, and that the respondent’s denial of gate access on return from leave, coupled with the appellant’s failure to justify the separation, proved unlawful and unfair termination. However, the trial court had no factual basis for the pleaded monthly wage of Kshs. 25,500, so the appellate court substituted the statutory minimum wage of Kshs. 13,572.90 for Mombasa and recalculate…
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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)
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.
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Olela v Maasai Bars & Restaurants Limited (Cause 78 of 2023) [2026] KEMC 477 (KLR) (30 July 2026) (Judgment)
The Court found that the Claimant proved continuous employment from 16 August 2015 to 5 March 2020 using his uncontroverted testimony and NHIF/NSSF records, while the Respondent's alleged fixed-term contract was not proved because it was never produced in evidence. The Respondent then failed to prove any valid reason, notice, or fair hearing for the cessation of employment. The termination was therefore unfair and unlawful, entitling the Claimant to notice pay and partial compensation, but not leave pay, service pay, or underpayment claims because those heads were either time-barred, barred b…
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