Kenya Case Law

Ojwang v Kenya Power & Lighting Co (KPLC)

Ojwang v Kenya Power & Lighting Co (KPLC) [2025] KEELRC 2068 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E003 of 2025

Judge

JK Gakeri

The court found that while the respondent had a valid substantive reason to terminate the claimant's employment based on evidence of his involvement in facilitating an illegal power connection, the process was procedurally flawed. The respondent failed to provide the claimant with the investigation report prior to the disciplinary hearing, impairing his right to a fair hearing as required by Section 41 of the Employment Act and relevant case law. This procedural lapse rendered the termination unfair within the meaning of Section 45(4) and (5) of the Employment Act. The court declined the clai…

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• Unfair Termination
• Procedural Fairness
• Disciplinary Process
• Summary Dismissal
• Compensation Quantum

Kotecha Wholesellers v Ochieng

Kotecha Wholesellers v Ochieng [2025] KEELRC 1398 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E063 of 2023

Judge

JK Gakeri

The court upheld unfair termination, finding the employer failed to prove desertion or follow due process, but trimmed the monetary award to three months’ salary.

• Unfair Termination
• Summary Dismissal
• Procedural Fairness
• Burden Of Proof
• Compensation Quantum
• Unfair-termination

Kitui Flour Mills Limited v Mbai

Kitui Flour Mills Limited v Mbai [2025] KEELRC 177 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E172 of 2024

Judge

M Mbarũ

The court partly allowed an employment appeal, reduced compensation from 12 months to one month, upheld notice pay and leave pay, and dismissed underpayment claims.

• Casual Employment Conversion
• Unfair Termination
• Statutory Entitlements
• Compensation Quantum
• Annual Leave Accrual
• Casual-employment-conversion

Lubulellah v County Government of Kakamega & 3 others

Lubulellah v County Government of Kakamega & 3 others [2024] KEELC 14003 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Case 1 of 2023

Judge

DO Ohungo

The court dismissed an application for leave to seek judicial review mandamus to compel payment of compensation for land acquisition, holding the claimed quantum could not be determined in judicial review.

• Compulsory Acquisition
• Mandamus
• Judicial Review Leave
• Compensation Quantum
• Public Duty
• Enforcement Of Judgment

Omar v Nyatangi

Omar v Nyatangi [2024] KEELRC 13408 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E102 of 2024

Judge

NJ Abuodha

The court found that the claim for house allowance was not statute barred because the respondent’s employment was terminated on 2nd July, 2020 and the suit was filed on 1st March, 2021, within the 12-month period required for continuing injury claims under section 90 of the Employment Act. The appellate court held that the trial court did not err in making the award for house allowance. Regarding the compensation for unlawful dismissal, the court determined that the award of six months’ salary was within the trial court’s discretion, and there was no evidence of improper exercise of that disc…

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• House Allowance Claims
• Limitation Periods
• Unlawful Dismissal
• Compensation Quantum

Gichuru v Emmanuel Trading Company Limited

Gichuru v Emmanuel Trading Company Limited [2024] KEELRC 2758 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E023 of 2023

Judge

ON Makau

The court held that the appellant's claims for salary underpayment, overtime, leave, public holidays worked, and housing allowance were not statute barred, as the suit was filed within four months of termination, well within the twelve-month period for continuing injuries under section 90 of the Employment Act. The trial court erred in dismissing these claims on limitation grounds. The appellate court found that the trial court also erred in calculating compensation for unfair termination using an incorrect gross salary, as the correct amount should have included the statutory minimum wage an…

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• Unfair Termination
• Statutory Limitation Periods
• Salary Underpayment
• House Allowance
• Leave Entitlements
• Compensation Quantum

Central Electricals International Limited v Abillah

Central Electricals International Limited v Abillah [2024] KEELRC 2579 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E215 of 2023

Judge

NJ Abuodha

The Employment and Labour Relations Court partly allowed an appeal, upholding compensation for unfair termination but limiting house allowance to three years under section 90.

• Unfair Termination
• Compensation Quantum
• House Allowance
• Employment Contracts
• Limitation Periods
• Unfair-termination

Muchiri v Security Guards Services Limited

Muchiri v Security Guards Services Limited [2024] KEELRC 1807 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E108 of 2021

Judge

BOM Manani

The court dismissed an employment appeal, upholding four months’ compensation for unfair termination, rejecting gratuity due to NSSF contributions, and finding salary and house allowance claims time-barred.

• Unfair Termination
• Compensation Quantum
• Service Gratuity
• Nssf Contributions
• Statute Barred Claims
• Continuing Injury

Webukha v East Africa Packaging Industries Ltd

Webukha v East Africa Packaging Industries Ltd [2024] KEELRC 1037 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 128 of 2018

Judge

JK Gakeri

The court found the dismissal substantively justified for workplace misconduct, but procedurally unfair for lack of proper notice and hearing time.

• Unfair Termination
• Procedural Fairness
• Summary Dismissal
• Compensation Quantum
• Defamation Claims
• Certificate Of Service

Omondi v Action Against Hunger (USA)

Omondi v Action Against Hunger (USA) [2024] KEELRC 996 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E159 of 2023

Judge

JK Gakeri

The court found Grace Omondi’s summary termination unfair for lack of a valid reason and fair procedure, but declined reinstatement and awarded compensation, unpaid salary, costs, and a certificate of service.

• Unfair Termination
• Procedural Fairness
• Summary Dismissal
• Remedies For Wrongful Termination
• Internal Dispute Resolution
• Compensation Quantum