Maritim v Kenyatta National Hospital [2025] KEELRC 2133 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E6557 of 2020
Judge
MN Nduma
The court found Kenyatta National Hospital unlawfully surcharged and deducted salary from an employee without following its policy or proving willful default.
Mbuba v Aga Khan University [2025] KEELRC 1964 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause 895 of 2017
Judge
NJ Abuodha
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…
Ocholla & 4 others v Construction House Company [2025] KEELRC 1654 (KLR)
Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E665 of 2022
Judge
HS Wasilwa
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.
The court found constructive dismissal after the employer failed to pay eight and a half months’ salary, and awarded arrears, notice pay, and compensation.
Komu & 2 others v RRR Kenya Limited [2025] KEELRC 975 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E014 of 2024
Judge
Nzioki wa Makau
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.
Giro v Abdi Husen t/a Nazra Restaurant & Guest House & 2 others [2025] KEELRC 900 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause 149 of 2019
Judge
S Radido
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.
Kisenga v Ongair Limited [2024] KEELRC 13226 (KLR)
Court
Employment and Labour Relations Court
Case number
Petition 18 of 2020
Judge
JW Keli
The court allowed an unopposed application to amend and convert a constitutional petition into an ordinary employment claim, finding no prejudice to the respondent.
Benjamin v County Government of Nakuru & 4 others [2024] KECA 1440 (KLR)
Court
Court of Appeal
Case number
Civil Appeal E007 of 2020
Judges
MA Warsame, FA Ochieng, LA Achode
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…