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Kenya decisions
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Muiru v Kenya National Library Services; County Government of Nyeri (Third party) [2025] KEELRC 2126 (KLR)
The court found unpaid CBA salary arrears of Kshs.465,863 and held the respondent and third party jointly and severally liable, with costs and interest.
Mwatsupha v BOM Kaya Twi Secondary School [2025] KEELRC 2124 (KLR)
The court found the claimant’s termination unfair for want of due process and valid reason, and awarded compensation, notice pay, gratuity, costs, and a certificate of service.
Njoroge (On Her Behalf and on Behalf of 93 others) & another v Zena Roses Limited [2025] KEELRC 2105 (KLR)
The court found that while the claimants' strike was motivated by delayed salary payments—a legitimate employment concern—the procedural requirements for a protected strike under Section 76 of the Labour Relations Act were not met. Specifically, the dispute was not referred to conciliation and no seven-day written strike notice was issued. As such, the strike was unprotected, entitling the respondent to take disciplinary action under Section 80. The court further determined that the respondent complied with procedural fairness by issuing show cause letters and providing an opportunity for a d…
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Kenya Plantation and Agricultural Workers Union v Eastern Produce Kenya Limited (Siret Tea Estate) [2025] KEELRC 2080 (KLR)
The court found the dismissals of two union-represented guards unfair for lack of valid reason and inadequate proof, but refused reinstatement as time-barred.
Amalgamated Union of Kenya Metal Workers v Kenya Coach Industries Limited [2025] KEELRC 2044 (KLR)
The court held that the Taxing Master committed an error of principle by relying on Ksh. 54,400,294.42 as the value of the subject matter for taxation purposes, as this figure was neither pleaded nor awarded in the judgment. The correct approach, as established by precedent and affirmed by the Supreme Court, is that where a suit has been determined on the merits, the value of the subject matter for instruction fees should be ascertained from the judgment, not the pleadings. In this case, the judgment did not specify the value, nor did the pleadings expressly mention the impugned figure. The T…
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Kenya Union of Entertainment & Music Industry Employees v Bomas of Kenya Limited [2025] KEELRC 1987 (KLR)
The court found the employee’s termination unfair for lack of procedural fairness and valid proof, and awarded notice pay, compensation, and interdiction arrears.
Muoki v Ellams Products Limited [2025] KEELRC 1992 (KLR)
The Employment and Labour Relations Court dismissed a claim for unfair termination, holding that the claimant had voluntarily resigned and failed to prove CBA entitlement.
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.
Odhiambo v Ellams Products Limited [2025] KEELRC 2010 (KLR)
The court dismissed an employment claim, finding the contract ended by expiry of a fixed term, not redundancy, and rejecting CBA-based underpayment claims.
Kenya Plantation and Agricultural Workers Union v Ekatera Tea Kenya Plc [2025] KEELRC 1861 (KLR)
The court upheld procedural fairness but found the employer failed to prove valid reasons for summary dismissal, commuting it to regular termination and awarding notice pay and gratuity.
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