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Kenya decisions
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Brink Security Services Limited v Katenge [2025] KEELRC 2156 (KLR)
The court partly allowed an employment appeal, upholding unfair termination findings but setting aside overtime and house allowance awards for lack of proof.
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.
Ethics and Anti-Corruption Commission & 2 others v Attorney General & another [2025] KECA 1199 (KLR)
The Court of Appeal held that the termination of Soita Wasike's employment was unlawful because the EACC was not properly constituted at the time of the vetting and termination, lacking the required quorum of commissioners. Any actions taken by a non-quorate commission, including vetting and termination, are null and void. However, the Court found that the award of 12 months' salary as compensation was excessive and not justified by the facts or law. The appropriate compensation, in the absence of bad faith or malice and given that Soita Wasike had already received salary in lieu of notice an…
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Mwau v I & M Bank Kenya Ltd [2025] KEELRC 1933 (KLR)
The court found that the Respondent failed to provide valid reasons and did not follow a fair procedure in terminating the Claimant's employment. The evidence showed that the Claimant's supervisor, Martin Mutwiri, was the sole beneficiary of the fraud and exploited system weaknesses, including superior administrative rights and compromised passwords. The Respondent did not provide documentary evidence that the Claimant authorized the disputed transactions, nor did it give the Claimant access to relevant documents during the disciplinary process. The court held that the termination violated se…
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Roben Aberdare Limited v Merabe [2025] KEELRC 1881 (KLR)
The court found that although the appellant had a valid reason for dismissal (absconding duty), it failed to follow the mandatory procedural requirements under section 41 of the Employment Act by not making reasonable efforts to trace the respondent and afford him a hearing before dismissal. The show cause letter accused the respondent of fuel siphoning, but the dismissal was for absconding, and there was no evidence of attempts to contact the respondent for a disciplinary hearing. The court held that the dismissal was procedurally unfair. The reliefs awarded by the trial court, including com…
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Oloo v Avo Distribution Group alias Avo Group [2025] KEELRC 1865 (KLR)
The court found the claimant was unfairly and unlawfully terminated without notice or a disciplinary hearing, and awarded seven months’ salary compensation.
Kamau v Pawame Kenya Limited [2025] KEELRC 1905 (KLR)
The court found the respondent’s redundancy process unlawful for failing to prove compliance with section 40 of the Employment Act, and awarded the claimant limited relief.
Shihemi v Sendwave Limited [2025] KEELRC 1818 (KLR)
The court held that the claimant’s redundancy was unfair because her HR Generalist role was not the role declared redundant and consultation was not proved.
Opiyo v Amma Consulting Engineers Limited [2025] KEELRC 1664 (KLR)
The court found that while the Respondent had a substantively fair reason to terminate the Claimant's employment—namely, the Claimant's unilateral settlement with his assailant without involving the employer during an ongoing investigation—the termination process failed to meet the requirements of procedural fairness as mandated by Section 41 of the Employment Act. The Respondent admitted that the Claimant was not given an opportunity to be heard before termination, and that notice was not provided, only payment in lieu. The court held that procedural fairness is a mandatory requirement, and…
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Kwambai v Board of Management, Moi Kapsowar Girls Secondary School [2025] KEELRC 1632 (KLR)
The court found that the respondent failed to prove that the appellant was recalled from suspension, failed to provide evidence of a valid termination process, and did not demonstrate that the appellant absconded duty. The evidence did not support the respondent's claim that the appellant was paid during suspension or that he was properly terminated. The trial court erred by shifting the burden of proof to the appellant and by making findings unsupported by the record. The appellant established, on a balance of probabilities, that he was unfairly and unlawfully terminated without valid reason…
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