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Kenya decisions
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Kenya Union of Commercial, Food and Allied Workers v Equitorial Nut Processors Limited [2025] KEELRC 2059 (KLR)
The court found constructive dismissal where workers were placed on indefinite unpaid leave, and awarded notice pay, compensation, and certificates of service.
Vishva Builders Limited v Wekulo [2025] KEELRC 2077 (KLR)
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.
Tana v Asmara Entertainment Limited t/a Asmara Restaurant [2025] KEELRC 2029 (KLR)
The court found that the only issue for determination was whether the trial court erred in its findings on terminal dues. Upon re-evaluation, the court held that the appellant failed to prove entitlement to accrued leave pay, as leave records were produced and admitted without challenge. Service pay was not available due to NSSF deductions, as confirmed by unchallenged testimony. The appellant's claims for overtime and public holidays were not sufficiently particularised or proven, and the overtime claim was statute-barred as a continuing injury not filed within 12 months of resignation. Howe…
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Kyao & 111 others v Devki Steel Mills Limited [2025] KEELRC 1985 (KLR)
The court found that the effective date of termination was 20th December 2016, following the dismissal of the union's suit and cessation of employment, making the claim filed on 18th December 2018 within the statutory limitation period. The court determined that the applicable CBA was the one registered on 15th August 2012, which governed redundancy payments. The respondent failed to provide sufficient evidence of payment of redundancy/severance pay and notice pay to the claimants. The court held that the claimants were entitled to redundancy/severance pay as per the 2012 CBA, and directed th…
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Limo v Nakuru Specialist Hospital [2025] KEMC 151 (KLR)
The court found the claimant’s termination unfair, awarded compensation and other employment dues, and ordered issuance of a certificate of service.
Kenya Engineering Workers Union v Ashut Engineering Limited [2025] KEELRC 1941 (KLR)
The court upheld summary dismissal for alleged breach of Covid-19 meeting restrictions, finding gross misconduct and fair procedure, but ordered a certificate of service.
Njue v KCB Bank Kenya Limited [2025] KEELRC 2018 (KLR)
The court found the dismissal unfair because the employer failed to call witnesses at the disciplinary hearing and did not follow its appeal procedure.
Hakika Transport Services Limited v Juma [2025] KEELRC 1954 (KLR)
The Employment and Labour Relations Court partly allowed an appeal, upheld unfair termination, varied the leave award, and declined house allowance.
ISL Kenya Limited v Ndutu [2025] KEELRC 1638 (KLR)
The court allowed the appeal, set aside the finding of unfair termination and the awards of notice pay and compensation, but upheld the certificate of service order.
Genga v Royal Garment Industries EPZ Limited [2025] KEELRC 1544 (KLR)
The court found that the claimant was summarily dismissed for theft of fabric, a ground substantiated by a show cause process, a fair hearing, and a subsequent criminal conviction for the same conduct. The respondent complied with both substantive and procedural requirements under the Employment Act, 2007. The claimant's allegations of underpayment, unpaid leave, and gratuity were unsupported by evidence or contract. The burden of proving non-payment of dues rested with the claimant, who failed to produce bank statements or demand evidence of payment from the respondent. The respondent's coun…
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