King’ori v Kenya National Library Services; County Government of Nyeri (Third party) [2025] KEELRC 2118 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E019 of 2024
Judge
ON Makau
The court found that the claimant was entitled to salary arrears as calculated under the applicable CBAs, less amounts already paid. The respondent and the third party failed to expressly allocate liability for pre-existing salary arrears in the IPA executed upon transfer of library functions. Article 187(2) of the Constitution requires arrangements for transfer of resources but does not automatically transfer liabilities unless expressly provided. In the absence of such provision, both the respondent and the third party are held jointly and severally liable for the outstanding arrears. The c…
Dpl Festive Limited v Okuny [2025] KEELRC 2122 (KLR)
Court
Employment and Labour Relations Court
Case number
Appeal E070 of 2024
Judge
JK Gakeri
The Employment and Labour Relations Court allowed an employer’s appeal, set aside awards for notice pay and unpaid salary, but left the certificate of service intact.
Kenya Plantation & Agricultural Workers Union v Rea Vipingo Limited & another [2025] KEELRC 2098 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E008 of 2025
Judge
M Mbarũ
The court found that the claimant submitted check-off forms for deduction of union dues and agency fees to the respondents on 1 and 3 February 2025. Under section 48(3) of the Labour Relations Act, the respondents had 30 days to commence deductions. The claimant moved to court before this statutory period had lapsed, rendering the application for orders premature. The 1st respondent demonstrated that it began deductions and remittances within the required timeframe, and this was not challenged by the claimant. Regarding the application of the CBA to all employees, including those supplied by…
Universities Academic Staff Union (UASU) & another v Moi University & 2 others [2025] KEELRC 2121 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E018 of 2025
Judge
MA Onyango
The court found that although Moi University had valid reasons to consider redundancy due to financial constraints and reduced student numbers, the process undertaken was fundamentally flawed. The Respondents failed to comply with section 40(1) of the Employment Act by not providing proper notice to the labour officer, omitting the extent and timelines of the intended redundancy, and failing to supply unions with necessary information for meaningful consultation. The selection criteria developed by PKF were not agreed upon with the unions, were not transparently applied within comparable clas…
Kenya Engineering Workers Union v East Africa Spectre Limited [2025] KEELRC 1994 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E6587 of 2020
Judge
AK Nzei
The court found the termination of a union member unfair for lack of valid procedure and adequate notice, awarding compensation, notice pay, and union costs.
University of Nairobi v M [2025] KEELRC 2031 (KLR)
Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E071 of 2025
Judge
JW Keli
The court found that the applicant, University of Nairobi, had satisfied the requirements for a stay of execution pending appeal. The application was filed without delay, and the judgment sum was substantial. The respondent, being retired, had not demonstrated financial capacity to refund the decretal sum if the appeal succeeded, creating a real risk of the appeal being rendered nugatory. The court held that as a public university funded by the exchequer, the applicant was exempt from providing security for costs under Order 42 Rule 8 of the Civil Procedure Rules. The court further found that…
Employment and Labour Relations Cause 1324 of 2018
Judge
HS Wasilwa
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…
Ogango v Ellams Products Limited [2025] KEELRC 2003 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause 1483 of 2017
Judge
K Ocharo
The court found that the claimant's employment ended by effluxion of time upon the expiry of his fixed-term contract on 31st March 2016, not by unfair or unlawful termination. The court held that fixed-term contracts inherently provide notice of termination through their specified end date, and no further notice is required unless the contract is terminated prematurely. The claimant failed to prove union membership or unionisability, and thus was not entitled to benefits under the collective bargaining agreement. Claims for underpayment and other allowances relating to the earlier period of e…