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Kenya decisions
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Tamarindi Management Limited v Gatheru [2025] KEELRC 2110 (KLR)
The court held the termination was redundancy, not frustration, after a Covid-19-related business reduction. It upheld most awards but set aside compensation for unfair termination.
Muthumbi v Track and Trace Limited [2025] KEELRC 2036 (KLR)
The court upheld redundancy as a valid reason but found the procedure flawed for lack of proper notice under section 40. The claimant received one month’s salary and costs.
Kenya Engineering Workers Union v East Africa Spectre Limited [2025] KEELRC 1994 (KLR)
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.
Mutua v Mars Security Guards Limited [2025] KEELRC 1832 (KLR)
The Employment and Labour Relations Court held that the appellant's termination was unfair, set aside the magistrate's judgment, and awarded notice pay, compensation, and a uniform refund.
Mutuse v Proto Energy Limited [2025] KEELRC 1712 (KLR)
The court found that the respondent failed to comply with the mandatory procedural requirements for redundancy under section 40 of the Employment Act, specifically by not providing concurrent written notice to the claimant and the labour officer and failing to consult the claimant prior to termination. The redundancy process was marred by contradictory dates and lack of transparency, and there was no evidence of objective selection criteria or genuine organizational necessity. The court rejected the respondent's assertion that the redundancy was unrelated to prior disciplinary proceedings, no…
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Lukalia v West Kenya Sugar Company Limited [2025] KEELRC 1416 (KLR)
The court held that the claimant’s continuous work converted his engagement to a monthly contract, found unfair termination without due process, and awarded notice pay, compensation, and leave pay.
Muga v Sbc Kenya Limited [2025] KEELRC 1391 (KLR)
The court found that while the respondent had a contractual prerogative to transfer the claimant, this discretion was not exercised reasonably or fairly. The respondent unilaterally changed the claimant's job description and location without proper consultation, provided insufficient notice for transfers, withdrew necessary resources, and reassigned his responsibilities without explanation or hearing. These actions, coupled with the lack of facilitation and the claimant's exclusion from the workplace, amounted to a fundamental breach of contract and unfair labour practice. The court held that…
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Maina (Suing on Behalf of Flora Ambasa Auko - Deceased) v Limoro Kenya Limited [2025] KEELRC 1371 (KLR)
The court found the deceased employee’s termination unfair, rejected time-barred claims for overtime, underpayment and leave, and awarded compensation, notice pay and service pay.
Mwaniki v Tihan Limited [2025] KEELRC 1208 (KLR)
The court found constructive dismissal after the employer failed to pay eight and a half months’ salary, and awarded arrears, notice pay, and compensation.
Ng’ang’a v Avic International Holding Corporation [2025] KEELRC 858 (KLR)
The termination of the Appellant's employment was unlawful and unfair because the Respondent failed to prove a valid reason for the termination and did not follow a fair procedure, as the alleged reason for termination (absconding) was not the actual reason (job cancellation), and the show cause letter was issued after the effective date of termination.
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