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Kenya Case Law

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Employment And Labour [2025] KEELRC 2133 (KLR)

Maritim v Kenyatta National Hospital

Maritim v Kenyatta National Hospital [2025] KEELRC 2133 (KLR)

The court found Kenyatta National Hospital unlawfully surcharged and deducted salary from an employee without following its policy or proving willful default.

  • Unlawful Salary Deductions
  • Disciplinary Procedure
  • Breach Of Employment Contract
  • Unlawful-salary-deductions
  • Disciplinary-procedure
  • Employment-contract-breach
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Employment And Labour [2025] KEELRC 1964 (KLR)

Mbuba v Aga Khan University

Mbuba v Aga Khan University [2025] KEELRC 1964 (KLR)

The court found that the claimant's contract of employment, as evidenced by the signed appointment letter, did in fact provide for a six-month probationary period, contrary to her assertions. The court further determined that the evaluation process was a standard requirement for confirmation of employment and that the claimant did not object to the process at the material time. The court noted that the parties had amicably resolved any contractual disputes, with the claimant serving her full contract term. As such, the court held that the claimant failed to demonstrate any stand-alone breach…

  • Constructive Dismissal
  • Probationary Periods
  • Breach Of Employment Contract
  • Constitutional Rights In Employment
  • Employee Evaluation
  • Remedies For Wrongful Dismissal
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Employment And Labour [2025] KEELRC 1654 (KLR)

Ocholla & 4 others v Construction House Company

Ocholla & 4 others v Construction House Company [2025] KEELRC 1654 (KLR)

The court found the claimants were employees of the respondent and held that non-payment of salaries and failure to follow due process amounted to constructive or unlawful dismissal.

  • Unlawful Termination
  • Constructive Dismissal
  • Salary Arrears
  • Breach Of Employment Contract
  • Damages For Unfair Termination
  • Constructive-dismissal
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Employment And Labour [2025] KEHC 6570 (KLR)

Nairobi Forex Bureau Limited v Mwangi

Nairobi Forex Bureau Limited v Mwangi [2025] KEHC 6570 (KLR)

The High Court held that a dispute over alleged employee embezzlement and a debt payment agreement arose from employment and should go to the ELRC.

  • Breach Of Employment Contract
  • Embezzlement By Employee
  • Jurisdiction Of Court
  • Debt Recovery
  • Employment Misconduct
  • Employment-jurisdiction
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Employment And Labour [2025] KEELRC 1298 (KLR)

Mugendi v Gitxn Kenya Limited

Mugendi v Gitxn Kenya Limited [2025] KEELRC 1298 (KLR)

The court adopted a consent settlement in an employment claim, entering judgment for the claimant for USD 11,240, with payment and costs terms agreed.

  • Unfair Termination
  • Breach Of Employment Contract
  • Settlement By Consent
  • Employment-law
  • Unfair-termination
  • Breach-of-employment-contract
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Employment And Labour [2025] KEELRC 1208 (KLR)

Mwaniki v Tihan Limited

Mwaniki v Tihan Limited [2025] KEELRC 1208 (KLR)

The court found constructive dismissal after the employer failed to pay eight and a half months’ salary, and awarded arrears, notice pay, and compensation.

  • Constructive Dismissal
  • Unpaid Salaries
  • Breach Of Employment Contract
  • Compensation For Unfair Termination
  • Constructive-dismissal
  • Unpaid-salary
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Employment And Labour [2025] KEELRC 975 (KLR)

Komu & 2 others v RRR Kenya Limited

Komu & 2 others v RRR Kenya Limited [2025] KEELRC 975 (KLR)

The court found that the Respondent breached the employment contracts by failing to pay the Claimants' salaries as required by law, entitling the Claimants to the proved outstanding salary arrears, but not general damages for breach of contract in employment as this is not provided for under Kenyan law, with compensation being the appropriate remedy under the Employment Act.

  • Salary Arrears
  • Breach Of Employment Contract
  • Protection Of Wages
  • Interest On Awards
  • General Damages
  • Costs Of Suit
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Employment And Labour [2025] KEELRC 900 (KLR)

Giro v Abdi Husen t/a Nazra Restaurant & Guest House & 2 others

Giro v Abdi Husen t/a Nazra Restaurant & Guest House & 2 others [2025] KEELRC 900 (KLR)

The court awarded the claimant Kshs 180,000 in unpaid salary after finding his evidence unchallenged, but dismissed the claim for unfair treatment for lack of particulars.

  • Unpaid Wages
  • Summary Dismissal
  • Breach Of Employment Contract
  • Unpaid-wages
  • Summary-dismissal
  • Breach-of-employment-contract
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Employment And Labour [2024] KEELRC 13226 (KLR)

Kisenga v Ongair Limited

Kisenga v Ongair Limited [2024] KEELRC 13226 (KLR)

The court allowed an unopposed application to amend and convert a constitutional petition into an ordinary employment claim, finding no prejudice to the respondent.

  • Amendment Of Pleadings
  • Constitutional Avoidance
  • Limitation Periods
  • Conversion Of Petition
  • Breach Of Employment Contract
  • Amendment-of-pleadings
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Employment And Labour [2024] KECA 1440 (KLR)

Benjamin v County Government of Nakuru & 4 others

Benjamin v County Government of Nakuru & 4 others [2024] KECA 1440 (KLR)

The Court of Appeal found that the appellant was not constructively dismissed, as he remained in employment and had sought reinstatement rather than demonstrating an intention to leave. The stoppage of salary was justified because the appellant failed to apply for an extension of his study leave and did not inform the employer of his suspension from studies, amounting to absence without leave and gross misconduct under the Employment Act and relevant HR policies. The evidence did not support claims of discrimination or constitutional violations, as the employer acted within the law and policy…

  • Constructive Dismissal
  • Salary Withholding
  • Fair Administrative Action
  • Discrimination Claims
  • Public Service Promotion
  • Breach Of Employment Contract
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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.