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Employment and labour law [2026] KEELRC 2354 (KLR)

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Moi University

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Moi University (Employment and Labour Relations Cause E040 of 2025) [2026] KEELRC 2354 (KLR) (30 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E040 of 2025
Judge
["MA Onyango"]

The Court held that Moi University had a genuine operational reason for the redundancy, but the process was unlawful because the notice failed to disclose the extent of the redundancy and was not shown to have been served on the labour officer, consultations were incomplete, the selection criteria used by PKF did not comply with section 40(1)(c), and redundancy dues were not proved as paid before release. Reinstatement was declined as impracticable, and compensation was limited to two months' gross salary per affected employee together with outstanding statutory and contractual redundancy due…

Source excerpt

  • Redundancy
  • Procedural fairness
  • Substantive justification
  • Collective bargaining agreement
  • Union consultation
  • Selection criteria
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Employment and labour law [2026] KEELRC 2300 (KLR)

Maisha Steel (EA) Limited v Mussah

Maisha Steel (EA) Limited v Mussah (Employment and Labour Relations Appeal E353 of 2025) [2026] KEELRC 2300 (KLR) (29 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Appeal E353 of 2025
Judge
["DKN Marete"]

The appellate court held that the termination was both substantively and procedurally fair because the Respondent was entrusted with goods that went missing, admitted knowledge of the loss but failed to report it, and was given notice of the allegations, a disciplinary hearing, and an opportunity to respond. The trial court’s award for unfair termination and notice pay was therefore unsustainable and had to be set aside.

Source excerpt

  • Unfair termination
  • Substantive fairness
  • Procedural fairness
  • Disciplinary hearing
  • Burden of proof
  • Summary dismissal
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Employment law [2026] KEELRC 2323 (KLR)

Ngaruiya & 22 others v Child Welfare Society of Kenya

Ngaruiya & 22 others v Child Welfare Society of Kenya (Cause E617 of 2021) [2026] KEELRC 2323 (KLR) (28 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E617 of 2021
Judge
["NJ Abuodha"]

The Court found that although fixed-term contracts generally expire by effluxion of time, the Respondent’s repeated renewals, continued payment practices, loan arrangements, compulsory leave, exclusion from the offices, and failure to communicate employment status created a legitimate expectation of renewal. The Court held that the Respondent then unfairly relied on contractual expiry to discontinue the Claimants, amounting to constructive dismissal and unfair termination. It also found that the selective reopening and exclusion of the Claimants amounted to discrimination.

Source excerpt

  • Fixed-term contracts
  • Legitimate expectation
  • Unfair termination
  • Discrimination in employment
  • Constructive dismissal
  • Compensation
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Employment and labour law [2026] KEELRC 2141 (KLR)

Masiga v Max Cure Hospital Ltd

Masiga v Max Cure Hospital Ltd (Cause E099 of 2025) [2026] KEELRC 2141 (KLR) (23 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E099 of 2025
Judge
["Nzioki wa Makau"]

The Respondent failed to prove a valid and fair reason for termination and failed to comply with section 41 of the Employment Act. The performance improvement notice was treated by the Court as an effective termination notice rather than a genuine opportunity to improve, and there was no credible evidence of appraisal or due process. The admitted non-payment of salary for five months was held to be a repudiatory breach amounting to unfair labour practice and constructive dismissal. The Claimant was therefore entitled to compensation and notice pay.

Source excerpt

  • Unfair termination
  • Constructive dismissal
  • Fixed-term contract
  • Performance-based dismissal
  • Non-payment of wages
  • Procedural fairness
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Employment and labour law [2026] KEELRC 2151 (KLR)

Kenya Plantation & Agricultural Workers Union v Shalimar Fresh Flowers Limited

Kenya Plantation & Agricultural Workers Union v Shalimar Fresh Flowers Limited (Cause E102 of 2024) [2026] KEELRC 2151 (KLR) (17 July 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E102 of 2024
Judge
["AN Mwaure"]

The court found that the Respondent failed to prove a genuine, fair and substantiated reason for dismissal and did not accord the grievants proper procedural safeguards under sections 41, 43 and 45(2) of the Employment Act. The alleged theft was speculative and unsupported by evidence, while the Labour Officer’s credible evidence confirmed the reinstatement recommendation. The dismissals were therefore unfair and unlawful, but reinstatement was declined because the employment relationship was strained and reinstatement is discretionary.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Procedural fairness
  • Substantive justification
  • Reinstatement
  • Compensation
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Criminal law [2026] KEHC 9749 (KLR)

Golicha v Republic

Golicha v Republic (Criminal Revision E016 of 2026) [2026] KEHC 9749 (KLR) (Crim) (30 June 2026) (Ruling)

Court
High Court
Case number
Criminal Revision E016 of 2026
Judge
["MW Muigai"]

The sentence was lawful and proportionate. The trial court properly exercised discretion, considered mitigation and the pre-sentence report, and imposed a sentence well below the maximum penalty for stealing by servant. There was no error, illegality, harshness, or wrong principle warranting revision, and compensation or non-custodial substitution was not justified on the material before the court.

Source excerpt

  • Revisionary jurisdiction
  • Stealing by servant
  • Mitigation
  • Non-custodial sentence
  • Compensation
  • Judicial sentencing guidelines
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Employment law [2026] KEELRC 1836 (KLR)

Lukorito v New Forest Kenya Asset Management Ltd

Lukorito v New Forest Kenya Asset Management Ltd (Petition E269 of 2025) [2026] KEELRC 1836 (KLR) (30 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Petition E269 of 2025
Judge
["JK Gakeri"]

The court held that the respondent failed to prove a valid and fair substantive reason for termination because it did not demonstrate adequate training, coaching, objective performance review evidence, or a sufficient basis for concluding that the petitioner’s failure on Tigermoth justified dismissal. The court further held that, although the respondent substantially complied with procedural fairness requirements, the termination was nevertheless unfair under section 45 of the Employment Act. On discrimination, the petitioner established a prima facie case and the respondent failed to justify…

Source excerpt

  • Unfair termination
  • Poor performance dismissal
  • Procedural fairness in discipline
  • Discrimination in salary increment
  • Reinstatement
  • Compensation
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Employment and labour law [2026] KEELRC 1867 (KLR)

Kenya Plantation & Agricultural Workers Union v Lipton Tea & Infusions Kenya PLC

Kenya Plantation & Agricultural Workers Union v Lipton Tea & Infusions Kenya PLC (Cause E033 of 2024) [2026] KEELRC 1867 (KLR) (26 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E033 of 2024
Judge
["AN Mwaure"]

The court found that although the Respondent conducted a disciplinary hearing, it did not prove a valid and fair reason to justify summary dismissal. The evidence showed the grievant was trained, the injured employee also had a duty to comply with safety rules, and the Respondent did not clearly establish that the grievant’s conduct amounted to gross misconduct. The dismissal was therefore substantively unfair, entitling the grievant to notice pay, compensation, gratuity as provided by the CBA, costs, and interest; reinstatement and most other pleaded remedies were declined.

Source excerpt

  • Unfair termination
  • Summary dismissal
  • Substantive justification
  • Procedural fairness
  • Safety negligence
  • Collective bargaining agreement
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Employment and labour law [2026] KEELRC 1763 (KLR)

Ogendi v Cooperative Bank of Kenya Ltd

Ogendi v Cooperative Bank of Kenya Ltd (Employment and Labour Relations Cause E396 of 2024) [2026] KEELRC 1763 (KLR) (26 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Employment and Labour Relations Cause E396 of 2024
Judge
["BOM Manani"]

The court held that it had jurisdiction; the Respondent had not displaced the court’s original employment jurisdiction by pointing to alternative dispute resolution procedures or the Magistrate’s Court pecuniary limits. It further held that the parties had an employment relationship because the Respondent exercised disciplinary control and treated the Claimant as its subordinate employee. The CBA dated 19 August 2021 did not apply to the Claimant because it took effect after her employment had ended and she proved neither union membership nor agency-fee remittance. On termination, the Respond…

Source excerpt

  • Jurisdiction
  • Employment relationship
  • Outsourcing/secondment
  • Collective bargaining agreement applicability
  • Unfair termination
  • Procedural fairness
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Employment and labour law [2026] KEELRC 1614 (KLR)

Njeru v Board of Management St Thomas Moore Nguviu Boys School

Njeru v Board of Management St Thomas Moore Nguviu Boys School (Cause E027 of 2025) [2026] KEELRC 1614 (KLR) (12 June 2026) (Judgment)

Court
Employment and Labour Relations Court
Case number
Cause E027 of 2025
Judge
["SC Rutto"]

The Respondent failed to prove on a balance of probabilities that the Claimant stole textbooks or that mere presence in a classroom reasonably established culpability. The Respondent also failed to prove compliance with section 41 because it produced no disciplinary minutes, no termination letter, and no evidence that the Claimant was informed of his right to representation. The termination was therefore substantively and procedurally unfair, entitling the Claimant to notice pay and compensation, but not service pay because he was an NSSF contributor.

Source excerpt

  • Unfair termination
  • Substantive fairness
  • Procedural fairness
  • Summarily dismissal
  • Burden of proof
  • Notice pay
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.