Kenya Case Law

National Bank of Kenya Ltd v Banking Insurance & Finance Union Kenya

National Bank of Kenya Ltd v Banking Insurance & Finance Union Kenya (Civil Appeal E204 of 2021) [2026] KECA 1549 (KLR) (31 July 2026) (Judgment)

Court

Court of Appeal

Case number

Civil Appeal E204 of 2021

Judge

["JM Ngugi", "MB Kairaria", "AI Hassan"]

The bank failed to prove a valid reason for dismissing the grievant because the cancelled withdrawal transaction was within her duties, the account was not dormant, the appellant’s own disciplinary panel exonerated her, and the cancellation caused no loss; accordingly the dismissal was unfair and the reinstatement order was justified.

Source excerpt

• Unfair dismissal
• Summary dismissal
• Substantive fairness
• Procedural fairness
• Reinstatement
• Disciplinary hearing

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

Kenya Plantation and Agricultural Workers Union v Flora Ola Ltd

Kenya Plantation and Agricultural Workers Union v Flora Ola Ltd (Cause E020 of 2026) [2026] KEELRC 1905 (KLR) (3 July 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E020 of 2026

Judge

["MA Onyango"]

The preliminary objection failed because territorial jurisdiction depended on contested facts not apparent from the pleadings, so it was not a proper pure point of law. On the application, the court found a case for interim protection against intimidation and retaliation for union activity, but declined to grant final-type interlocutory relief such as recognition, CBA negotiations, or reinstatement because those issues required evidence at trial.

Source excerpt

• Trade union recognition
• Freedom of association
• Unfair dismissal
• Preliminary objection
• Territorial jurisdiction
• Interlocutory injunction

Wanyama & 4 others v Lugari National Constituency Development Fund Committee & 2 others

Wanyama & 4 others v Lugari National Constituency Development Fund Committee & 2 others (Cause E001 of 2023) [2026] KEELRC 1887 (KLR) (2 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E001 of 2023

Judge

["DN Nderitu"]

The Court held that the 1st Respondent was the Claimants’ employer, the 3rd Respondent was not liable, and the dismissals were substantively and procedurally unfair because the Respondents failed to issue show-cause notices, conduct a disciplinary hearing, or otherwise comply with the Employment Act before declaring the Claimants’ positions vacant and dismissing them. The Court rejected the abscondment narrative as unproved and awarded maximum compensation, but declined additional payment for the unexpired contractual term as double compensation.

Source excerpt

• Unfair dismissal
• Abscondment of duty
• Procedural fairness
• Employer-employee relationship
• Necessary party/joinder
• Certificate of service

Okelele v BOM Lavington Girls High School

Okelele v BOM Lavington Girls High School (Petition E057 of 2025) [2026] KEELRC 1791 (KLR) (25 June 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition E057 of 2025

Judge

["JK Gakeri"]

The application had merit to the extent that the respondent was obliged to supply specific documents relevant to the termination dispute and fairness allegations, because the petitioner had served a notice to produce and the requested materials were directly tied to the disciplinary process and terminal dues. However, the court rejected any broader attempt to use discovery as a fishing expedition and limited production to identified documents and agreed inspection of any further material at counsel’s office.

Source excerpt

• Notice to produce
• Discovery and inspection of documents
• Termination of employment
• Unfair dismissal
• Fair hearing
• Fair administrative action

Kenya Plantation & Agricultural Workers Union v Lipton Teas & Infusions Kenya PLC

Kenya Plantation & Agricultural Workers Union v Lipton Teas & Infusions Kenya PLC (Cause E028 of 2025) [2026] KEELRC 1732 (KLR) (19 June 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E028 of 2025

Judge

["AN Mwaure"]

The cause of action accrued on the grievant’s summary dismissal on 3rd November 2022. Conciliation did not stop limitation time from running. Since the suit was filed on 4th December 2025, after the three-year period expired on 3rd November 2025, the claim was time-barred under the mandatory terms of section 90 of the Employment Act, and the court had no discretion to extend time. The preliminary objection therefore succeeded and the suit was struck out.

Source excerpt

• Preliminary objection
• Limitation of actions
• Jurisdiction
• Conciliation and dispute resolution
• Unfair dismissal

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

Irungu v Nairobi City Water & Sewerage Company Limited

Irungu v Nairobi City Water & Sewerage Company Limited (Civil Application E337 of 2020) [2026] KECA 822 (KLR) (30 April 2026) (Ruling)

Court

Court of Appeal

Case number

Civil Application E337 of 2020

The Court of Appeal deemed a notice of appeal withdrawn after the respondent failed to file a record of appeal or seek extension of time.

• Notice of appeal
• Withdrawal of appeal
• Procedural timelines
• Unfair dismissal
• Notice-of-appeal
• Withdrawal-of-appeal

Pride Inn Hotel Investments v Mangwenje (Appeal E269 of 2024)

Pride Inn Hotel Investments v Mangwenje (Appeal E269 of 2024) [2026] KEELRC 1198 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E269 of 2024

The court upheld a finding that the employee’s dismissal was procedurally unfair for lack of proper notice and hearing, and affirmed public holiday dues.

• Unfair dismissal
• Procedural fairness
• Compensation for public holidays
• Summary dismissal
• Burden of proof
• Unfair-dismissal

Nabwaya v Western Steel Mills Limited & another (Appeal E029 of 2024)

Nabwaya v Western Steel Mills Limited & another (Appeal E029 of 2024) [2026] KEELRC 1200 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E029 of 2024

The ELRC struck out an employment appeal for incompetence after finding the record of appeal lacked a certified judgment and decree.

• Unfair dismissal
• Joint and several liability
• Appeal procedure
• Record of appeal requirements
• Appeal-procedure
• Record-of-appeal