Kenya Case Law

Mbaja & 28 others v County Government of Migori & another

Mbaja & 28 others v County Government of Migori & another [2025] KEELRC 1844 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E041 of 2023

Judge

JK Gakeri

The court found that the claimant, Mr. Abich Omondi Michael, failed to establish a prima facie case of unfair or unlawful termination, as there was no evidence of dismissal or termination by the respondents after the expiry of his last fixed term contract in July 2021. The court determined that the claimants were not casual employees under the Employment Act, and even if they were, their employment would have transitioned to term contracts by operation of law. However, the evidence showed that all contracts had lapsed and no further employment relationship existed. Furthermore, the court held…

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• Unfair Termination
• Casual Employment
• Fixed Term Contracts
• Res Judicata
• Constructive Dismissal

Gathura v Waithaka t/a Wamukoko Gas Supplier

Gathura v Waithaka t/a Wamukoko Gas Supplier [2025] KEELRC 1698 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 23 of 2016

Judge

CN Baari

The court found the claimant was an employee, held his termination unfair, and awarded notice pay, three months’ compensation, and accrued leave.

• Unfair Termination
• Employment Relationship
• Casual Employment
• Notice Pay
• Leave Entitlement
• Service Pay

Omondi v Vishva Builders Limited

Omondi v Vishva Builders Limited [2025] KEELRC 1633 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E052 of 2022

Judge

MA Onyango

The court found the appellant was a casual employee, not unfairly terminated, but awarded leave pay and underpayment. The trial dismissal was set aside.

• Unfair Termination
• Casual Employment
• Underpayment Of Wages
• Annual Leave Entitlement
• Unfair-termination
• Casual-employment

Kimanthu & 3 others v Excel Chemicals Limited

Kimanthu & 3 others v Excel Chemicals Limited [2025] KEELRC 1572 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E069 of 2020

Judge

B Ongaya

The court dismissed an employment appeal by four former workers, holding they failed to prove conversion from casual employment to term contracts under section 37.

• Casual Employment
• Burden Of Proof
• Conversion Of Employment Status
• Special Damages
• Costs Award
• Wrongful Termination

Kenya Engineering Workers Union v East Africa Cables Limited

Kenya Engineering Workers Union v East Africa Cables Limited [2025] KEELRC 1538 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E492 of 2020

Judge

HS Wasilwa

The court dismissed a union claim over two employees’ fixed-term contracts, holding their employment ended by expiry of time and not unfair termination.

• Fixed Term Contracts
• Casual Employment
• Collective Bargaining Agreements
• Redundancy Procedure
• Terminal Benefits
• Unfair Termination

Charles v Cheto

Charles v Cheto [2025] KECA 784 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E046 of 2022

Judges

SG Kairu, KI Laibuta, GWN Macharia

The Court of Appeal held that the appellant could not challenge the Director's award on grounds of lack of notification or fair hearing because these issues were not pleaded or fully canvassed in the trial court. The appellant's primary defence was denial of employment and negligence by the respondent, not procedural unfairness. The court reaffirmed that parties are bound by their pleadings and cannot introduce new grounds on appeal unless those issues were fully ventilated at trial. The court further held that the Employment and Labour Relations Court has jurisdiction to adopt and enforce th…

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• Work Injury Benefits
• Enforcement Of Administrative Awards
• Casual Employment
• Judicial Review Procedure

Simon v Frodak Services Limited

Simon v Frodak Services Limited [2025] KEELRC 1288 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 367 of 2017

Judge

MA Onyango

The court found the claimant participated in an unprotected strike, rejected unfair termination, but awarded limited terminal benefits and costs.

• Unfair Termination
• Casual Employment
• Piece Rate Pay
• Unprotected Strike
• Terminal Benefits
• Procedural Fairness

Mutii v Apex Valuers Limited

Mutii v Apex Valuers Limited [2025] KEELRC 1215 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E218 of 2021

Judge

HS Wasilwa

The court dismissed the claim after finding the claimant failed to prove he was an employee or to establish unlawful termination or entitlement to terminal benefits.

• Casual Employment
• Burden Of Proof
• Unlawful Termination
• Oral Contracts
• Casual-employment
• Burden-of-proof

Odede v Guaca Stationers Limited

Odede v Guaca Stationers Limited [2025] KEELRC 1189 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 466 of 2018

Judge

J Rika

The court found that the claimant was a casual employee, not a regular or permanent employee, as evidenced by his inconsistent work schedule, ability to work for other employers concurrently, and lack of exclusivity or written contract. The claimant failed to prove on a balance of probabilities that he was unfairly or unlawfully terminated by the respondent. There was no evidence of termination by the respondent; rather, the claimant ceased attending work and took up employment elsewhere. Claims for annual leave, house allowance, and unpaid salaries were unsupported, as daily wage rates inclu…

Source excerpt

• Casual Employment
• Unfair Termination
• Conversion To Permanent Terms
• Annual Leave Entitlement

Geoffrey v Robinson Investment Limited

Geoffrey v Robinson Investment Limited [2025] KEMC 36 (KLR)

Court

Magistrate's Court

Case number

Employment and Labour Relations Cause 389 of 2019

Judge

PA Ndege

The court found the claimant was a casual employee, not on a term contract, and dismissed his unfair termination claim with costs.

• Casual Employment
• Burden Of Proof
• Unfair Termination
• Notice Pay
• Employment Contracts
• Casual-employment