Kenya Case Law

Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA Workers) v Board of Management of St Monica Bondo Kosiemo Mixed Secondary School

Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA Workers) v Board of Management of St Monica Bondo Kosiemo Mixed Secondary School (Cause E009 of 2026) [2026] KEELRC 2249 (KLR) (31 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E009 of 2026

Judge

["Nzioki wa Makau"]

The Court found that the Respondent had been served with Form S, had previously deducted and remitted union dues, and then stopped remitting despite continued deductions and notice. Because section 48 of the Labour Relations Act and the applicable Legal Notice required remittance, and the Respondent offered no defence, the Claimant proved entitlement to arrears and prospective compliance orders.

Source excerpt

• Union dues
• Check-off forms
• Statutory deductions
• Conciliation
• Costs
• Failure to defend

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

Menezes & Partners Advocates v NCBA Bank & another

Menezes & Partners Advocates v NCBA Bank & another (Civil Miscellaneous E060 of 2022) [2026] KEHC 12279 (KLR) (27 July 2026) (Ruling)

Court

High Court

Case number

Civil Miscellaneous E060 of 2022

Judge

["TM Matheka"]

The court held that the certificate of costs is the final bill and, since it was served on the respondent on 13/10/2023, interest on the certified costs accrued one month later, from 13/11/2023. The court declined to itself compute VAT, withholding tax, or all reconciled payments, and directed the parties to confirm the sums due using the certificates and payment history. It further held that the garnishee had sufficient funds and that the respondent should bear the applicant’s and garnishee’s costs.

Source excerpt

• Taxed costs
• Certificate of taxation
• Interest on advocate-client costs
• Service of certificate of costs
• Statutory deductions
• Extent of garnishee liability

Ng’ang’a v Africa Film & TV Talent Training Institute

Ng’ang’a v Africa Film & TV Talent Training Institute (Cause E831 of 2021) [2026] KEELRC 1745 (KLR) (25 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E831 of 2021

Judge

["CN Baari"]

The claimant proved on a balance of probabilities that his employment was terminated unfairly and unlawfully because the respondent provided no valid reason for termination and no evidence of compliance with the mandatory procedural requirements of the Employment Act. The claimant also proved the salary arrears claimed from the documentary evidence and uncontroverted testimony, entitling him to arrears, notice pay, and compensation.

Source excerpt

• Unfair termination
• Salary arrears
• Notice pay
• Compensation for unfair termination
• Certificate of service
• Burden of proof in employment disputes

Elpa & 212 others v Majani Mingi Group Companies Ltd & 4 others

Elpa & 212 others v Majani Mingi Group Companies Ltd & 4 others (Petition 18 of 2019) [2026] KEELRC 1739 (KLR) (19 June 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition 18 of 2019

Judge

["AN Mwaure"]

The Respondent, as statutory custodian of employment records, should as far as possible avail the relevant employment records to the court and the Petitioners, but the court would not compel a County Labour Officer inspection because no sufficient evidence showed the necessity or relevance of involving the Labour Office. The court was also persuaded by the long delay in prosecuting the petition and required the case to proceed to hearing without further delay.

Source excerpt

• Production of employment records
• Labour officer inspection
• Burden of proof
• Discovery
• Delayed prosecution of petition
• Employment records retention

Kenya National Private Security Workers Union v Papaton Security Services Ltd

Kenya National Private Security Workers Union v Papaton Security Services Ltd (Cause E033 of 2025) [2026] KEELRC 1697 (KLR) (18 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E033 of 2025

Judge

["DN Nderitu"]

The Respondent did not defend the suit and the Claimant’s evidence stood unchallenged. The court found that the Claimant proved the existence of a recognition agreement and proved failures by the Respondent to deduct and remit union dues, issue payslips, and issue written contracts. However, the Court refused monetary reliefs for salary arrears, underpayment, gratuity/severance pay, overtime, and statutory deduction arrears because those sums were not computed, specifically pleaded, and proved.

Source excerpt

• Union dues deduction and remission
• Recognition agreement enforcement
• Issuance of payslips and written contracts
• Unfair labour practices
• Statutory deductions
• Minimum wage compliance

Board of Management Kagonya Secondary School v Odhiambo (Appeal E068 of 2025)

Board of Management Kagonya Secondary School v Odhiambo (Appeal E068 of 2025) [2026] KEELRC 1417 (KLR) (21 May 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E068 of 2025

Judge

["Nzioki wa Makau"]

The appellate court upheld the finding that the respondent’s salary was not proved to be consolidated and therefore house allowance was payable, but it corrected the quantum to 12 months only because the non-payment was continuous and a longer claim was not recoverable in the circumstances. It also upheld the maximum compensation award as justified by the egregious manner of termination by text message without hearing. The court rejected the cross-appeal on COVID-19 salary, January salary, increased gratuity, and interest from filing, holding the school closure period rendered the salary clai…

Source excerpt

• Unfair termination
• Compensation for unfair dismissal
• House allowance
• Notice pay
• Service pay
• Statutory deductions

Opiyo v Cobra Security Co. Ltd

Opiyo v Cobra Security Co. Ltd (Cause E006 of 2025) [2026] KEELRC 1191 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E006 of 2025

The court found the dismissal substantively justified for gross misconduct, but unfair for lack of procedural fairness. The claimant received partial monetary relief.

• Unfair dismissal
• Procedural fairness
• Summary dismissal
• Employment contract
• Statutory deductions
• Leave entitlement

Msafari v Alternative Energy Systems Limited

Msafari v Alternative Energy Systems Limited (Cause E120 of 2025) [2026] KEELRC 1162 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E120 of 2025

The court found that a unilateral salary reduction amounted to constructive dismissal, awarded compensation and some salary-related reliefs, and dismissed the employer’s counterclaim.

• Constructive dismissal
• Unilateral variation of contract
• Unfair termination
• Statutory deductions
• Leave entitlement
• House allowance

Byakika v Cas Consultants Limited & another

Byakika v Cas Consultants Limited & another (Cause 1373 of 2018) [2026] KEELRC 1117 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause 1373 of 2018

The court held that Fredrick Byakika’s employment was unfairly and wrongfully terminated without valid reason, fair procedure, or the required notice.

• Unfair termination
• Wrongful dismissal
• Employment contracts
• Statutory deductions
• Unfair-termination
• Wrongful-dismissal