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Kenya Case Law

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Employment and labour law [2026] KEELRC 1862 (KLR)

Karobia v Sikale & 2 others

Karobia v Sikale & 2 others (Cause E384 of 2023) [2026] KEELRC 1862 (KLR) (30 June 2026) (Judgment)

The respondents failed to prove any specific misconduct, failed to produce the notice to show cause, investigation report, or disciplinary minutes, and failed to prove service of the hearing invitation or that a hearing actually took place. The court therefore found that there was no substantive justification and no procedural fairness for the termination, making the dismissal unfair. Salary arrears were payable up to the date of termination, but the claim for declaration of continuing employment and future salary failed; compensation of three months' gross salary was awarded.

  • Unfair termination
  • Procedural fairness in disciplinary process
  • Substantive justification for dismissal
  • Salary arrears
  • Compensation for wrongful dismissal
  • Compulsory leave pending investigation
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Employment law [2026] KECA 851 (KLR)

Barclays Bank of Kenya Limited v Banking Insurance & Finance Union

Barclays Bank of Kenya Limited v Banking Insurance & Finance Union (Civil Appeal 7 of 2020) [2026] KECA 851 (KLR) (30 April 2026) (Judgment)

The appellant breached the grievant’s contract of employment by failing to follow the disciplinary procedure prescribed in the CBA, specifically the requirement for prior written warnings before termination for negligence. This rendered the termination procedurally unfair and in breach of contract, entitling the grievant to compensation. However, the grievant’s contributory negligence warranted a reduction in the quantum of compensation awarded.

  • Unfair termination
  • Collective bargaining agreement
  • Disciplinary procedure
  • Compensation for wrongful dismissal
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Employment law [2026] KEELRC 996 (KLR)

JRS Group Ltd v Mohammed (Appeal E021 of 2025)

JRS Group Ltd v Mohammed (Appeal E021 of 2025) [2026] KEELRC 996 (KLR) (21 April 2026) (Judgment)

The appellant failed to discharge the statutory burden of proof to justify the termination of the respondent's employment. There was no evidence of proper procedure or documentation supporting the alleged desertion. The trial court correctly found the termination unfair and awarded remedies within its discretion. The appeal was dismissed as the trial court's findings and awards were justified.

  • Unlawful termination
  • Burden of proof
  • Compensation for wrongful dismissal
  • House allowance
  • Underpayment
  • Overtime
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