Kenya Case Law

Kenya Union of Commercial and Food Allied Workers v Sai Electrical and Hardware Limited

Kenya Union of Commercial and Food Allied Workers v Sai Electrical and Hardware Limited [2025] KEELRC 2120 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E021 of 2022

Judge

MA Onyango

The court held the union could represent its member without a recognition agreement and found the worker’s termination unfair, awarding notice pay, leave, public holiday pay, compensation, underpayments, and costs.

• Unfair Termination
• Trade Union Representation
• Locus Standi
• Casual Vs Regular Employment
• Compensation For Injury
• Statutory Entitlements

Vishva Builders Limited v Wekulo

Vishva Builders Limited v Wekulo [2025] KEELRC 2077 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E001 of 2021

Judge

MA Onyango

The court found no proof of unfair termination, but awarded the respondent two months’ pay in lieu of notice and ordered a certificate of service.

• Unfair Termination
• Casual Vs Regular Employment
• Notice Pay
• Service Pay
• Certificate Of Service
• Unfair-termination

Kenya Union of Commercial and Food Allied Workers v Sai Electrical and Hardware Limited

Kenya Union of Commercial and Food Allied Workers v Sai Electrical and Hardware Limited [2025] KEELRC 1760 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E020 of 2022

Judge

MA Onyango

The court found that the Claimant union had locus standi to represent the Grievant, as direct payment of union dues suffices for representation even in the absence of a recognition agreement. The Grievant's two-year continuous service converted his status from casual to regular employment under section 37 of the Employment Act, entitling him to statutory protections. The Respondent failed to prove that the Grievant absconded duty or that due process was followed in termination. The termination was therefore unfair. The Grievant was awarded pay in lieu of notice, accrued leave, public holiday…

Source excerpt

• Trade Union Locus Standi
• Unfair Termination
• Casual Vs Regular Employment
• Severance Pay
• Underpayment Of Wages

Charunga v Bhiamani t/a Alamdaar Automobile

Charunga v Bhiamani t/a Alamdaar Automobile [2024] KEELRC 2461 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E082 of 2022

Judge

AK Nzei

The court found that the appellant was not a casual employee but a regular employee, as evidenced by continuous service, documentary evidence of delivery notes signed over a two-year period, and the respondent's failure to produce any employment records or a casuals' register. The respondent, as employer, bore the statutory burden to keep and produce employment records, and its failure to do so meant the appellant's evidence was accepted. The termination was found to be both substantively and procedurally unfair, as the respondent did not comply with statutory requirements for notice and hear…

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• Unfair Termination
• Casual Vs Regular Employment
• Burden Of Proof Employment Status
• Compensation For Termination
• Employment Contracts
• Statutory Entitlements

Kenya Union of Commercial, Food and Allied Workers v Jamii Poa Commercial Agency

Kenya Union of Commercial, Food and Allied Workers v Jamii Poa Commercial Agency [2024] KEELRC 2198 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E035 of 2023

Judge

ON Makau

The ELRC held that the grievants were regular employees, found the separation unlawful redundancy, but adopted the parties’ conciliation settlement as judgment.

• Redundancy Procedure
• Casual Vs Regular Employment
• Conciliation And Settlement
• Unfair Termination
• Statutory Entitlements
• Collective Agreements

Mistry Naran Mulji and Company v Chengo

Mistry Naran Mulji and Company v Chengo [2024] KEELRC 2049 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E042 of 2023

Judge

AK Nzei

The court found that the respondent was not a casual worker but a regular employee of the appellant, based on documentary evidence including KRA and NSSF records and the appellant's failure to produce employment records or disprove the respondent's claims. The appellant bore the statutory burden of proof under Section 10(7) of the Employment Act and failed to discharge it. The court further held that the respondent's employment was unfairly terminated, as the appellant did not demonstrate any disciplinary process or action taken in response to the alleged absconding, nor did it provide notice…

Source excerpt

• Unfair Termination
• Casual Vs Regular Employment
• Burden Of Proof Employment Status
• Compensation For Unfair Termination
• Statutory Notice Requirements
• Leave Entitlements

Tips (Kenya) Ltd v Nyaundi

Tips (Kenya) Ltd v Nyaundi [2024] KEELRC 1385 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal 2 of 2024

Judge

S Radido

The court held the respondent was not a casual employee, upheld unfair termination, set aside reinstatement, and confirmed compensation.

• Unfair Termination
• Casual Vs Regular Employment
• Remedies For Unfair Dismissal
• Reinstatement
• Compensation
• Procedural Fairness

ISL Kenya Limited v Owino

ISL Kenya Limited v Owino [2024] KEELRC 1448 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal 4 of 2020

Judge

MA Onyango

The court dismissed an employment appeal, holding that the employer failed to comply with redundancy procedures and that the respondent’s termination was unfair.

• Unfair Termination
• Redundancy Procedure
• Severance Pay
• Notice Requirements
• Casual Vs Regular Employment
• Unfair-termination

Nduku v Osteria Group (Kenya) Limited

Nduku v Osteria Group (Kenya) Limited [2023] KEELRC 2699 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E002 of 2022

Judge

SC Rutto

The court found that the Respondent failed to discharge its statutory burden under Section 10(7) of the Employment Act to prove the Claimant was a casual employee or that his engagement was intermittent. The evidence, including Mpesa statements and bounced cheques, supported the Claimant's assertion of regular employment. The Respondent did not provide employment records or call witnesses to rebut the Claimant's case. The court held that the Claimant was a regular employee protected by the Employment Act and that his termination was both substantively and procedurally unfair, as the Responden…

Source excerpt

• Unfair Termination
• Casual Vs Regular Employment
• Burden Of Proof In Employment Disputes
• Statutory Entitlements
• Compensation For Unpaid Wages

Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and Allied Workers v Strami Cleaning Company

Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and Allied Workers v Strami Cleaning Company [2022] KEELRC 12908 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 1451 of 2016

Judge

AN Mwaure

The court held the claimants were regular employees, not casuals, and had been underpaid. It rejected a late challenge to the union’s standing and denied unpaid leave for lack of proof.

• Casual Vs Regular Employment
• Minimum Wage Compliance
• Union Representation
• Leave Entitlements
• Employment-law
• Casual-employment