Kenya Case Law

Ndungu v Progressive Credit Ltd

Ndungu v Progressive Credit Ltd (Employment and Labour Relations Appeal E051 of 2025) [2026] KEELRC 1809 (KLR) (26 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E051 of 2025

Judge

["SC Rutto"]

The court upheld constructive dismissal because the employer unilaterally downgraded the employee’s role and altered remuneration from a fixed salary to a commission-based structure without consultation or written consent, contrary to section 10(5) of the Employment Act. The court rejected exemplary damages because they were not properly pleaded as a constitutional claim and, in any event, the alleged denial of maternity leave did not occur while the employee was still in employment. The only error in the trial court’s remedies was the award of house allowance, since the contract provided for…

Source excerpt

• Constructive dismissal
• Unilateral variation of contract
• Maternity leave
• Pregnancy discrimination
• Exemplary damages
• Compensation for unfair termination

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