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Employment law [2026] KEMC 811 (KLR)

Cheva v Pan Africa Logistics Limited

Cheva v Pan Africa Logistics Limited (Environment and Land Case E298 of 2024) [2026] KEMC 811 (KLR) (27 August 2026) (Judgment)

Court
Magistrate's Court
Case number
Environment and Land Case E298 of 2024
Judge
["EM Mwamuye"]

The Court found that although the Respondent proved financial difficulty, it did not prove that the Claimant’s particular role had become redundant in September 2023, nor did it show a fresh redundancy process, fresh notice, Labour Officer notice, or contemporaneous consultation proximate to the actual termination. The 2021 redundancy exercise had been overtaken by continued employment, unpaid leave, and recall to work. The termination was therefore substantively and procedurally unfair under sections 40 and 45 of the Employment Act. The Claimant was awarded severance, admitted outstanding gr…

Source excerpt

  • Termination of employment
  • Redundancy
  • Procedural fairness
  • Substantive fairness
  • Severance pay
  • Contractual gratuity
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Employment law [2026] KEELRC 2303 (KLR)

Golden Lion International Limited v Tanin (Appeal E351 of 2024)

Golden Lion International Limited v Tanin (Appeal E351 of 2024) [2026] KEELRC 2303 (KLR) (28 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E351 of 2024
Judge
["NJ Abuodha"]

The respondent was validly treated as redundant but the employer did not justify the maximum 12 months' compensation. The notice pay claim had been abandoned after admission of payment, so it was set aside. Severance pay remained payable under section 40, and compensation was reduced to 6 months' salary as fair and reasonable in the circumstances.

Source excerpt

  • Redundancy
  • Unfair termination
  • Severance pay
  • Compensation for unfair termination
  • Notice pay
  • Statutory deductions
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Employment law [2026] KEELRC 2037 (KLR)

Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Board of Management HGM Memorial Girls High School

Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Board of Management HGM Memorial Girls High School (Cause E047 of 2024) [2026] KEELRC 2037 (KLR) (17 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E047 of 2024
Judge
["HS Wasilwa"]

The Respondent failed to comply with the statutory redundancy process under section 40 because the grievants' union was not notified or consulted, and the first grievant was additionally underpaid severance by 10 years of service. The court therefore found the redundancy unlawful and awarded the outstanding severance and unpaid salary arrears.

Source excerpt

  • Redundancy
  • Severance pay
  • Union consultation
  • Unpaid salary arrears
  • Certificates of service
  • Limitation of actions
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Employment law [2026] KEELRC 1991 (KLR)

Redcourt/Boma Hotel Ltd v Ngunga

Redcourt/Boma Hotel Ltd v Ngunga (Employment and Labour Relations Appeal E200 of 2025) [2026] KEELRC 1991 (KLR) (15 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E200 of 2025
Judge
["DKN Marete"]

The court held that the initial unpaid leave during Covid-19 was lawful and consensual, but that the appellant’s later letter inviting the respondent to reapply for a position he already held, after a prolonged period without work or pay and without any offer of reinstatement, amounted in law to termination by conduct. The court treated the separation as substantively one of redundancy arising from economic pressure, found non-compliance with section 40 of the Employment Act, and upheld the trial court’s awards for notice pay, salary arrears, severance pay and six months’ compensation as prop…

Source excerpt

  • Constructive dismissal
  • Redundancy
  • Unpaid leave
  • Salary arrears
  • Notice pay
  • Severance pay
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Employment law [2026] KEELRC 1917 (KLR)

Ayuma v Alexandria Cancer Centre & Palliative Care Hospital

Ayuma v Alexandria Cancer Centre & Palliative Care Hospital (Employment and Labour Relations Appeal E007 of 2025) [2026] KEELRC 1917 (KLR) (3 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E007 of 2025
Judge
["AN Mwaure"]

The court held that the appellant’s long and structured service converted her from a casual worker to a permanent employee under section 37 of the Employment Act. It further held that the respondent terminated her employment on account of redundancy without complying with the mandatory safeguards in section 40, especially notice to the Labour Officer and proper selection criteria. The redundancy was therefore unlawful and procedurally defective, so the appeal succeeded and the award was revised upward to include statutory dues and compensation.

Source excerpt

  • Casual employment conversion
  • Redundancy
  • Procedural fairness
  • Unfair termination
  • Notice pay
  • Severance pay
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Employment law [2026] KEELRC 1911 (KLR)

Sana Industries Ltd v Violet (Appeal E234 of 2025)

Sana Industries Ltd v Violet (Appeal E234 of 2025) [2026] KEELRC 1911 (KLR) (3 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E234 of 2025
Judge
["JW Keli"]

The court found that the respondent's bank statements proved continuous engagement from late 2013, triggering conversion from casual employment to a monthly term contract under section 37 of the Employment Act. The appellant failed to prove that the respondent absconded duty or that it complied with the procedural safeguards required for termination. The termination was therefore unfair, but severance pay was wrongly awarded because there was no redundancy; that head of claim was set aside while the rest of the award stood.

Source excerpt

  • Conversion of casual employment
  • Unfair termination
  • Desertion/absconding duty
  • Procedural fairness
  • Substantive justification
  • Redundancy
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Employment and labour law [2026] KEELRC 1864 (KLR)

Maina v Star Kitchens Integrated Ltd

Maina v Star Kitchens Integrated Ltd (Employment and Labour Relations Cause E324 of 2024) [2026] KEELRC 1864 (KLR) (30 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E324 of 2024
Judge
["HS Wasilwa"]

The Court found that the Claimant’s evidence was uncontroverted, the Respondent failed to prove due process or a valid redundancy, and the leave arrangement in the contract was contrary to section 28(1) of the Employment Act. The Respondent also failed to pay notice, severance, and leave dues. Judgment was therefore entered for the Claimant with monetary awards and a certificate of service.

Source excerpt

  • Redundancy
  • Unfair termination
  • Procedural fairness
  • Severance pay
  • Annual leave entitlement
  • Retirement savings contributions
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Employment and labour law [2026] KEELRC 1786 (KLR)

Plumbing Systems Ltd v Murung'a (Appeal E102 of 2025)

Plumbing Systems Ltd v Murung'a (Appeal E102 of 2025) [2026] KEELRC 1786 (KLR) (29 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E102 of 2025
Judge
["M Mbarũ"]

The appeal succeeded only in part. The court found that the respondent’s employment was terminated for valid operational reasons, but the appellant failed to comply with the mandatory redundancy procedure under section 40 of the Employment Act, making the termination unlawful. The court also held that the respondent’s earlier injury claim did not prove discrimination. However, most of the trial court’s monetary awards were excessive or unsupported because the employment relationships were largely governed by successive fixed-term contracts and the record showed payment of leave and notice due…

Source excerpt

  • Redundancy
  • Unfair termination
  • Fixed-term contracts
  • Underpayment of wages
  • House allowance
  • Leave pay
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Employment and labour law [2026] KEELRC 1787 (KLR)

Libahi also trading as Baharini Repairs and Retreads, formerly known as Baharini Retreading and Rubber v Fondo & 5 others (Appeal E256 of 2025)

Libahi also trading as Baharini Repairs and Retreads, formerly known as Baharini Retreading and Rubber v Fondo & 5 others (Appeal E256 of 2025) [2026] KEELRC 1787 (KLR) (29 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E256 of 2025
Judge
["M Mbarũ"]

The court held that the appellant proved a lawful redundancy: notices were issued, the labour officer was notified, and the termination arose from a genuine operational decision linked to leasing and possible sale of the business. The trial court was wrong to treat the termination as unlawful, but the respondents remained entitled to redundancy-related statutory dues not already settled, namely notice pay, leave pay and severance pay, subject to deductions for proven liabilities owed to the appellant.

Source excerpt

  • Redundancy
  • Termination of employment
  • Section 40 employment act
  • Notice pay
  • Leave pay
  • Severance pay
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Employment and labour law [2026] KEELRC 1817 (KLR)

North Coast Medical Training College v Omar

North Coast Medical Training College v Omar (Employment and Labour Relations Appeal E010 of 2025) [2026] KEELRC 1817 (KLR) (24 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E010 of 2025
Judge
["K Ocharo"]

The appellant failed to prove a genuine redundancy and instead showed a performance-related dismissal disguised as redundancy; it also failed to issue a proper redundancy notice or conduct consultation as required by section 40 of the Employment Act. The termination was therefore substantively and procedurally unfair, and the trial court’s awards, including six months’ compensation and refund of welfare contributions, were left undisturbed.

Source excerpt

  • Redundancy
  • Fair termination
  • Procedural fairness
  • Substantive fairness
  • Section 40 employment act
  • Compensation for unfair termination
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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.