Kenya Case Law

Wamatu v Safaricom PLC

Wamatu v Safaricom PLC (Employment and Labour Relations Cause E425 of 2022) [2026] KEELRC 2326 (KLR) (30 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E425 of 2022

Judge

["BOM Manani"]

The Respondent had a justifiable reason to terminate the Claimant because the investigation report provided sufficient material for a genuine belief that he had engaged in misconduct involving confidential data. The Respondent also complied with procedural fairness by issuing a show cause letter, considering responses, inviting him to a hearing, and proceeding in his absence only after he failed to attend without a credible excuse. The defamation claim was time-barred and, in any event, unsupported by independent proof. The suit therefore failed in full.

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• Unfair termination
• Summary dismissal
• Procedural fairness
• Substantive justification
• Disciplinary hearing
• Suspension

Wambua v Commissionon Administrative Justice

Wambua v Commissionon Administrative Justice (Petition E219 of 2025) [2025] KEELRC 3667 (KLR) (17 December 2025) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition E219 of 2025

The court found that the order of 30.10.2025 was clear and unambiguous, requiring the parties to maintain the employment relationship strictly in accordance with the contract, statute, and constitution. The respondent's actions in issuing a show cause letter and suspension were within its lawful prerogative and did not amount to contempt or breach of the court order. No grounds for contempt or review were established, and both applications failed.

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• Interdiction
• Suspension
• Disciplinary proceedings
• Contempt of court
• Employment contracts
• Judicial review

Mugiira v National Biosafety Authority; Kinyamario (Applicant); Inspectorate of State Corporations (Perjurer)

Mugiira v National Biosafety Authority; Kinyamario (Applicant); Inspectorate of State Corporations (Perjurer) [2024] KEELRC 13517 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E524 of 2024

Judge

SC Rutto

The ELRC found false statements in a board chairman’s affidavit about a suspension letter, held the perjury issue was not res judicata, and expunged the offending paragraphs.

• Perjury In Affidavit
• Board Authority And Resolution
• Suspension Of Public Officer
• Res Judicata
• False Testimony
• Expunging Affidavit Evidence

Agamu v Kenya Civil Avaitation Authority

Agamu v Kenya Civil Avaitation Authority [2024] KEELRC 13250 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E356 of 2022

Judge

K Ocharo

The ELRC upheld the dismissal of a Senior Airworthiness Inspector, finding the airport authority followed fair procedure and proved misconduct allegations.

• Unfair Termination
• Disciplinary Procedure
• Procedural Fairness
• Suspension Without Pay
• Workplace Misconduct
• Constitutional Rights In Employment

Mbeu v Bingwa Sacco Limited

Mbeu v Bingwa Sacco Limited [2023] KEELRC 1403 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E054 of 2021

Judge

ON Makau

The court found the claimant’s transfer and dismissal were retaliatory and procedurally unfair. It awarded salary in lieu of notice, compensation, unpaid salary, and car allowance.

• Unfair Termination
• Disciplinary Procedure
• Retaliatory Dismissal
• Employment Benefits
• Suspension
• Right To Fair Labour Practices

Wangari v The Kenya Ports Authority

Wangari v The Kenya Ports Authority [2022] KEELRC 3850 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E019 of 2022

Judge

AK Nzei

The court granted interim injunctive relief, finding the claimant’s suspension unlawful and holding that later interdiction did not cure the defect.

• Suspension And Interdiction
• Disciplinary Procedure
• Injunctive Relief
• Employee Rights
• Fair Hearing
• Practice Certificate Issue

Kipchirchir Norman Kemboi v National Bank of Kenya Limited

Kipchirchir Norman Kemboi v National Bank of Kenya Limited [2021] KEELRC 2389 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 36 of 2020

The court dismissed an employment claim challenging suspension and dismissal, holding that the bank had valid reasons and followed a fair disciplinary process.

• Unfair Termination
• Disciplinary Procedure
• Burden Of Proof
• Suspension Without Notice
• Unfair-termination
• Disciplinary-procedure

Anne Nyaweka Muchira v Samburu Sacco Limited

Anne Nyaweka Muchira v Samburu Sacco Limited [2021] KEELRC 459 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 115 of 2015

Judge

HS Wasilwa

The court dismissed a preliminary objection on limitation, holding that the claimant’s interdiction had not been formally lifted or terminated, so the claim was not time-barred.

• Limitation Of Actions
• Interdiction
• Employment Contract Status
• Suspension And Reinstatement
• Employment-law
• Limitation-of-actions

Alfred O. Amombo v Lake Victoria North Water Services Board

Alfred O. Amombo v Lake Victoria North Water Services Board [2020] KEELRC 364 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 18 of 2019

Judge

MN Nduma

The court found that the claimant was entitled to gratuity for the actual period served, not for the unserved portion of the contract. The claimant served 13 months on full salary and 17 months on half salary, and gratuity should be calculated at 31% of the basic salary for each respective period. The respondent erred in restricting gratuity payment to only eight months and four days. The contract did not provide for gratuity for unserved periods, and there was no finding of misconduct as the disciplinary process was not pursued. Therefore, the claimant is entitled to Kshs. 1,666,250 in gratu…

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• Gratuity Computation
• Employment Contracts
• Resignation
• Suspension
• Terminal Benefits

Patrick Onchoke Nyabuto v Rainforest Farmlands (K) Limited

Patrick Onchoke Nyabuto v Rainforest Farmlands (K) Limited [2020] KEELRC 1655 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 18 of 2019

Judge

M Mbarũ

The court found that the respondent, as employer, had the prerogative to suspend the claimant to allow for investigations following a complaint of sexual assault. The initial error in the disciplinary hearing notice (setting the time at 10:30pm) was not corrected, and the claimant's reluctance to attend at night was justified. However, the respondent subsequently issued a notice to show cause for absence, to which the claimant failed to respond substantively, instead involving his advocates prematurely. The court held that the respondent followed the required procedure under the Employment Ac…

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• Summary Dismissal
• Unfair Termination
• Disciplinary Procedure
• Suspension
• Constitutional Rights In Employment