Kenya Case Law

Okoso v Pinkerton's (Kenya) Limited (Appeal E395 of 2025)

Okoso v Pinkerton's (Kenya) Limited (Appeal E395 of 2025) [2026] KEELRC 2397 (KLR) (14 August 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E395 of 2025

Judge

["M Mbarũ"]

The appeal failed because the appellant had already filed an application for review of the same judgment and then lodged the appeal, thereby pursuing both remedies on the same matter in an impermissible and abusive manner. Although the court acknowledged that non-payment of salary can amount to constructive dismissal, it held that the appellant could not maintain the appeal after electing to seek review, and the pending review ruling sufficed.

Source excerpt

• Constructive dismissal
• Unlawful termination
• Review versus appeal
• Non-payment of wages
• Overtime and rest day claims
• Leave and public holiday pay

Arimi v Premiercare Diagnostic Narok Ltd

Arimi v Premiercare Diagnostic Narok Ltd (Cause E643 of 2023) [2026] KEELRC 2128 (KLR) (21 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E643 of 2023

Judge

["ON Makau"]

The Respondent’s repeated salary delays and deployment of the Claimant to work in a sister company’s facility without a valid licence for that specific entity amounted to a fundamental and repudiatory breach of the employment contract. The Claimant resigned in response to that conduct and did not acquiesce. The Court therefore found constructive dismissal proved on a balance of probabilities and awarded notice pay, compensation for unfair termination, and unpaid salary, subject to statutory deductions.

Source excerpt

• Constructive dismissal
• Unlawful termination
• Probationary employment
• Salary arrears
• Notice pay
• Compensation for unfair termination

County Government of Uasin Gishu & 4 others v Lelei

County Government of Uasin Gishu & 4 others v Lelei (Employment and Labour Relations Appeal E014 of 2025) [2026] KEELRC 2136 (KLR) (18 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E014 of 2025

Judge

["MA Onyango"]

The court held that the Respondent’s claim was one that fell within the statutory appellate mechanism of the Public Service Commission under Article 234(2)(i), section 77 of the County Governments Act, and sections 85 and 87 of the Public Service Commission Act. Because those provisions are mandatory and the Respondent did not seek exemption under section 9(4) of the Fair Administrative Action Act, the trial court erred in dismissing the preliminary objection and in assuming jurisdiction before exhaustion of the prescribed remedy.

Source excerpt

• Jurisdiction
• Doctrine of exhaustion
• County public service appeals
• Public service commission appellate mandate
• Preliminary objection
• Unlawful termination

Koppert Biological Systems Ltd v Chege

Koppert Biological Systems Ltd v Chege (Civil Appeal E027 of 2020) [2026] KECA 1123 (KLR) (12 June 2026) (Judgment)

Court

Court of Appeal

Case number

Civil Appeal E027 of 2020

Judge

["WK Korir", "L Ndolo", "AI Hassan"]

The Court found that the appellant did not prove desertion and instead the evidence showed a verbal termination on 6 July 2015, followed by failure to issue a termination letter or conduct any disciplinary process, making the dismissal procedurally unfair under section 41 of the Employment Act. The Court also found no prejudice from the late submissions and held that the counterclaim had been considered and partially allowed. The eight-month compensation award was not shown to be excessive or based on wrong principles, so there was no basis to interfere.

Source excerpt

• Unlawful termination
• Constructive dismissal
• Desertion of duty
• Procedural fairness
• Section 41 employment act
• Section 49 employment act

Kuria v Kenya Broadcasting Corporation

Kuria v Kenya Broadcasting Corporation (Civil Appeal 382 of 2018) [2026] KECA 971 (KLR) (15 May 2026) (Judgment)

Court

Court of Appeal

Case number

Civil Appeal 382 of 2018

Judge

["F Tuiyott", "P Nyamweya", "WK Korir"]

The Court of Appeal held that the appellant could not recover anticipatory salaries, pension, or other future benefits up to retirement because such claims lack a legal foundation, especially under the repealed Employment Act applicable at the time of termination. The only recoverable remedies were limited terminal entitlements, and the trial court correctly dismissed the lost earnings and exemplary damages claim while upholding the leave days award and the respondent’s counterclaim.

Source excerpt

• Unlawful termination
• Anticipatory salaries
• Leave days dues
• Burden of proof
• Quantum of damages
• Counterclaim

Ajwang v Development Bank of Kenya Limited

Ajwang v Development Bank of Kenya Limited (Cause E398 of 2024) [2026] KEELRC 1159 (KLR) (30 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E398 of 2024

The Claimant was not serving under probationary terms at the time of termination. The Respondent failed to terminate or confirm the contract at the end of probation, resulting in automatic confirmation. Termination after probation without valid reason or fair procedure was unfair and unlawful under section 45 of the Employment Act.

Source excerpt

• Unlawful termination
• Probationary contracts
• Compensation
• Notice
• Gratuity
• Leave

Ochieng & 293 others v Siaya County Public Service Board & 2 others

Ochieng & 293 others v Siaya County Public Service Board & 2 others (Petition E002 of 2026) [2026] KEELRC 1151 (KLR) (27 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Petition E002 of 2026

The Court declined to grant injunctive relief as the Petitioners failed to satisfy the irreparable harm limb of Giella v Cassman Brown; monetary claims are compensable by damages, and the doctrine of exhaustion bars the Court's intervention while the dispute is pending before the Public Service Commission.

Source excerpt

• Unlawful termination
• Exhaustion of remedies
• Injunctive relief
• Res judicata
• Public service employment
• Salary arrears

Waweru v Scanad Kenya Limited & another

Waweru v Scanad Kenya Limited & another (Cause E287 of 2025) [2026] KEELRC 1153 (KLR) (24 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E287 of 2025

The court refused to strike out WPP Plc from an employment suit, finding that its role in the disciplinary process made it a necessary party to be determined at trial.

• Unlawful termination
• Joinder of parties
• Privity of contract
• Jurisdiction of employment court
• Employment-law
• Joinder-of-parties

Biwott v Eldoret Water and Sanitation Service & another

Biwott v Eldoret Water and Sanitation Service & another (Cause E060 of 2024) [2026] KEELRC 1089 (KLR) (23 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Cause E060 of 2024

The court dismissed a claim over non-renewal of a fixed-term managing director contract, finding no legitimate expectation, no unlawful termination, and no basis to invalidate the Board’s decision.

• Fixed-term contract
• Legitimate expectation
• Fair administrative action
• Board constitution
• Contract renewal
• Unlawful termination

Mwenje v Kenya Broadcasting Corporation & another

Mwenje v Kenya Broadcasting Corporation & another (Cause E453 of 2022) [2026] KEELRC 1019 (KLR) (23 April 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E453 of 2022

Amendments that clarify, particularize, or quantify existing claims are permissible, but amendments introducing new and distinct causes of action after the statutory limitation period are impermissible. The Claimant is allowed to amend only to clarify and compute reliefs already pleaded; new claims are disallowed.

Source excerpt

• Amendment of pleadings
• Limitation of actions
• Unlawful termination
• Computation of reliefs