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Employment law [2026] KEELRC 2286 (KLR)

Awandu v Flashcom Security Ltd

Awandu v Flashcom Security Ltd (Employment and Labour Relations Appeal E250 of 2023) [2026] KEELRC 2286 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E250 of 2023
Judge
["DKN Marete"]

The court found on re-evaluation of the evidence that the Appellant participated in the unprotected strike, making the dismissal substantively justified, but the Respondent failed to comply with Section 41(1) of the Employment Act because the Appellant was not given proper notice, a specific charge, or a real opportunity to be heard. The termination was therefore procedurally unfair, and the Appellant was awarded limited compensation and proven underpayment, but not notice pay or the unparticularised wage-related claims.

Source excerpt

  • Unprotected strike
  • Summary dismissal
  • Procedural fairness under section 41
  • Unfair termination
  • Underpayment of wages
  • Certificate of service
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Employment law [2026] KEELRC 2267 (KLR)

Pride Kings Services Limited v Koniala (Appeal E111 of 2025)

Pride Kings Services Limited v Koniala (Appeal E111 of 2025) [2026] KEELRC 2267 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E111 of 2025
Judge
["Nzioki wa Makau"]

The appellate court found that the respondent had been constructively dismissed because non-payment of salaries for three months amounted to a fundamental breach of contract. The trial magistrate correctly held that there was constructive dismissal and was entitled to award compensation. However, the monetary awards required revision to comply with the limitation period for continuing injury, resulting in reduction of leave and house allowance sums while upholding the finding on underpayment and compensation.

Source excerpt

  • Constructive dismissal
  • Unfair termination
  • Burden of proof in employment disputes
  • Underpayment of wages
  • Leave pay
  • House allowance
Read case analysis
Employment law [2026] KEELRC 2272 (KLR)

Board of Management St Peters Nyangweta Secondary School v Ondari (Appeal E009 of 2025)

Board of Management St Peters Nyangweta Secondary School v Ondari (Appeal E009 of 2025) [2026] KEELRC 2272 (KLR) (31 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E009 of 2025
Judge
["Nzioki wa Makau"]

The appellant failed to show meaningful efforts to contact the respondent and did not displace the finding that she was entitled to a fair process, so the unfair termination findings and compensation stood. The respondent was owed underpayment because the appellant paid below proper remuneration, but the trial court erred in allowing 21 months instead of the maximum 12 months for a continuing claim; the underpayment award was therefore reduced to Kshs. 265,340. The notice pay award was left undisturbed because there was no cross-appeal, and costs on appeal were not interfered with.

Source excerpt

  • Unfair termination
  • Desertion/abscondment of duty
  • Burden of proof
  • Underpayment of wages
  • Notice pay
  • Maternity-related employment dispute
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Employment and labour law [2026] KEMC 445 (KLR)

Musyoki v Atisco Security Company Ltd

Musyoki v Atisco Security Company Ltd (Cause E570 of 2024) [2026] KEMC 445 (KLR) (30 July 2026) (Judgment)

Court
Magistrate's Court
Case number
Cause E570 of 2024
Judge
["EM Mwamuye"]

The Court found that neither resignation nor desertion was strictly proved, but the employment relationship ended on or about 8th November 2023 without dismissal by the Respondent. The Claimant proved underpayment below statutory minimum wage, entitlement to house allowance, leave pay and service pay on the evidence presented, but failed to establish a factual and legal basis for damages for unfair termination. The Respondent remained bound to issue a certificate of service.

Source excerpt

  • Resignation versus desertion
  • Underpayment of wages
  • House allowance
  • Accrued leave
  • Service pay
  • Certificate of service
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Employment and labour law [2026] KEMC 473 (KLR)

Charo v Texas Alarms (K) Limited

Charo v Texas Alarms (K) Limited (Cause E516 of 2025) [2026] KEMC 473 (KLR) (30 July 2026) (Judgment)

Court
Magistrate's Court
Case number
Cause E516 of 2025
Judge
["EM Mwamuye"]

The Court found on a balance of probabilities that the Claimant voluntarily resigned on 6 December 2024, relying on the resignation letter, acknowledgment, clearance form, request for deposit of dues and certificate of service as a consistent contemporaneous record. Because there was no employer-initiated termination, the unfair termination, notice pay and compensation claims failed. The underpayment and house allowance claims were not proved because the pleaded computation was inaccurate and contradicted by payroll records showing basic pay and a separate house allowance. The accrued leave c…

Source excerpt

  • Resignation versus termination
  • Unfair dismissal
  • Burden of proof
  • Underpayment of wages
  • House allowance
  • Accrued annual leave
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Employment and labour law [2026] KEMC 465 (KLR)

Angaya v Texas Alarms(K) Ltd

Angaya v Texas Alarms(K) Ltd (Cause 78 of 2023) [2026] KEMC 465 (KLR) (30 July 2026) (Judgment)

Court
Magistrate's Court
Case number
Cause 78 of 2023
Judge
["EM Mwamuye"]

The Claimant failed to discharge the burden of proof for both underpayment and unpaid overtime. His underpayment computation did not perform a proper wage-order-by-wage-order comparison, and the Respondent's payslips showed separate house allowance and periodic salary increases. On overtime, the payroll records showed that overtime, rest-day and holiday payments were made in some months, but the Claimant produced no rosters, attendance records or other contemporaneous evidence to establish the specific unpaid overtime alleged. The entire monetary claim therefore failed on a balance of probabi…

Source excerpt

  • Underpayment of wages
  • Overtime compensation
  • Burden of proof in employment claims
  • Employment records
  • Retirement and terminal dues
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Employment and labour law [2026] KEELRC 2248 (KLR)

Oruku v Captain Hawk Security Services Limited

Oruku v Captain Hawk Security Services Limited (Employment and Labour Relations Cause E086 of 2022) [2026] KEELRC 2248 (KLR) (28 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E086 of 2022
Judge
["PA Ndege"]

The claimant’s evidence remained uncontroverted in any material respect because the respondent called no witness and produced no evidence; its bare denial did not displace the claim. The court therefore found no basis to vary the earlier ex parte judgment and entered judgment for the claimant in the sum claimed, together with costs.

Source excerpt

  • Underpayment of wages
  • Overtime
  • Off-duty compensation
  • Public holiday pay
  • Leave pay
  • Service pay
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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 1824 (KLR)

Pride Kings Services Ltd v Koech (Appeal E009 of 2025)

Pride Kings Services Ltd v Koech (Appeal E009 of 2025) [2026] KEELRC 1824 (KLR) (26 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E009 of 2025
Judge
["Nzioki wa Makau"]

The appeal failed in substance because the Respondent had been constructively dismissed through the Appellant's prolonged non-payment of salary, and the Trial Court properly evaluated the evidence and the law. The only error found was in computation of some monetary awards within the limitation period. The appellate court therefore interfered only to correct the figures, upheld the rest of the trial judgment including compensation and unremitted salary, and ordered each party to bear its own costs of the appeal.

Source excerpt

  • Constructive dismissal
  • Unfair termination
  • Limitation of employment claims
  • Underpayment of wages
  • House allowance
  • Unpaid leave
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Employment and labour law [2026] KEELRC 1977 (KLR)

Pride Kings Services Ltd v Kiprono (Appeal E107 of 2025)

Pride Kings Services Ltd v Kiprono (Appeal E107 of 2025) [2026] KEELRC 1977 (KLR) (25 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Appeal E107 of 2025
Judge
["Nzioki wa Makau"]

The Trial Court correctly evaluated the record and was entitled to find constructive dismissal arising from the employer’s conduct, including non-payment of salaries. The appeal succeeded only on limited computation errors and limitation adjustments; accordingly, the appellate court substituted the monetary award to the extent stated and otherwise upheld the trial decision.

Source excerpt

  • Constructive dismissal
  • Unfair termination
  • Appellate review of evidence
  • Limitation of actions
  • Underpayment of wages
  • House allowance
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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.