Kenya Case Law

Frigoken Limited v Musotsi

Frigoken Limited v Musotsi [2025] KEELRC 2119 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E021 of 2024

Judge

ON Makau

The court found that the respondent's termination was indeed on account of redundancy, as evidenced by the employer's own admissions and the circumstances of low plantings and low season, which were not attributable to the respondent's conduct. However, the court held that the respondent had voluntarily signed two settlement agreements acknowledging full and final settlement of all employment dues and waiving any further claims. There was no evidence of misrepresentation, duress, or incapacity in the execution of these agreements. In line with established legal principles and binding preceden…

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• Unlawful Termination
• Redundancy Procedure
• Settlement Agreements
• Compensatory Damages

Mathenge t/a Imperial Water Services v Juma

Mathenge t/a Imperial Water Services v Juma [2025] KEELRC 2048 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E210 of 2023

Judge

JW Keli

The court upheld liability for unfair termination but reduced the award, finding service of process was proper and the employment relationship was proved.

• Unfair Termination
• Employer Employee Relationship
• Terminal Dues
• Service Pay
• Compensatory Damages
• Unfair-termination

Iburi v Uhuru Flowers Limited

Iburi v Uhuru Flowers Limited [2025] KEELRC 1873 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E003 of 2024

Judge

ON Makau

The court found that while there was a valid reason for the appellant's termination—failure to adhere to Standard Operating Procedures—the respondent failed to prove that the appellant was served with a show cause letter or invited to a disciplinary hearing. No evidence was adduced to show that the appellant was made aware of the disciplinary process or given an opportunity to defend herself. The absence of procedural fairness rendered the termination unfair and unlawful under section 45 of the Employment Act. The court held that the appellant was entitled to compensatory damages, but not rei…

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• Unfair Termination
• Procedural Fairness
• Disciplinary Process
• Compensatory Damages

Kimani v Rosslyn Academy

Kimani v Rosslyn Academy [2025] KEELRC 1892 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E251 of 2022

Judge

SC Rutto

The court found that while the Respondent had a justifiable reason to terminate the Claimant's employment based on credible complaints and admissions of conduct amounting to sexual harassment, the disciplinary process was procedurally flawed. The Respondent failed to provide the Claimant with key evidentiary materials, did not disclose the identities of accusers or allow cross-examination, and withheld the inquiry report and statements. These omissions violated the requirements of procedural fairness under Section 41 of the Employment Act. The court held that a fair disciplinary process is no…

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• Unfair Termination
• Procedural Fairness
• Sexual Harassment
• Disciplinary Process
• Compensatory Damages

Chohan v XML Technologies & another

Chohan v XML Technologies & another [2025] KEELRC 1891 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E409 of 2024

Judge

SC Rutto

The court found that the Claimant's termination was substantively justified due to the termination of the service agreement between the 1st and 2nd Respondents, which was expressly provided for in the Claimant's employment contract. However, the 1st Respondent failed to comply with the procedural requirements under Section 40(1)(a) and (b) of the Employment Act by not issuing the required notice of intention to declare redundancy and not notifying the labour office. Payment of terminal dues and salary in lieu of notice did not cure this procedural defect. The court concluded that the terminat…

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• Unfair Termination
• Redundancy Procedure
• Compensatory Damages
• Procedural Fairness
• Employment Contracts

Mureu v Ressourcethica Kenya Limited

Mureu v Ressourcethica Kenya Limited [2025] KEELRC 1912 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E463 of 2023

Judge

SC Rutto

The court found that the claimant was terminated by way of redundancy through a letter dated 17th January 2023, which was unequivocal and final, leaving no room for negotiation or mutual separation. The respondent failed to prove that the redundancy was substantively justified, as there was no evidence of actual restructuring or abolition of the claimant's position. Procedurally, the respondent did not comply with Section 40(1)(b) of the Employment Act, as neither the claimant nor the labour officer was notified in advance, and there were no meaningful consultations. The subsequent disciplina…

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• Unfair Termination
• Redundancy Procedure
• Compensatory Damages
• Procedural Fairness
• Discrimination Claims
• Terminal Benefits

Chogo v Nairobi Hospital

Chogo v Nairobi Hospital [2025] KEELRC 1890 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E661 of 2020

Judge

SC Rutto

The Employment and Labour Relations Court found the claimant’s dismissal unfair and unlawful because the hospital failed to prove the allegations or follow fair procedure.

• Unfair Termination
• Procedural Fairness
• Summary Dismissal
• Disciplinary Process
• Burden Of Proof
• Compensatory Damages

Kenya Union of Domestic Hotels Educational Institutions & Hospital Workers (KUDHEIHA) v Board of Management (BOM) Kalulini Boys Secondary School

Kenya Union of Domestic Hotels Educational Institutions & Hospital Workers (KUDHEIHA) v Board of Management (BOM) Kalulini Boys Secondary School [2025] KEELRC 1920 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E788 of 2023

Judge

SC Rutto

The court found valid reasons for dismissing a school bursar, but held the appeal process was biased because the same officers sat on appeal. Compensation was awarded.

• Unfair Dismissal
• Procedural Fairness
• Disciplinary Process
• Compensatory Damages
• Collective Bargaining Agreement
• Termination Of Employment

Kenani v Britam Life Assurance Company (Kenya) Limited

Kenani v Britam Life Assurance Company (Kenya) Limited [2025] KEELRC 1743 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E839 of 2023

Judge

SC Rutto

The court found a valid reason to discipline an employee over underwriting breaches, but held the dismissal procedurally unfair because the charge was escalated after hearing.

• Unfair Termination
• Disciplinary Procedure
• Legitimate Expectation
• Compensatory Damages
• Summary Dismissal
• Employment Contracts

Maubi v Rural Electrification and Renewable Energy Corporation (REREC)

Maubi v Rural Electrification and Renewable Energy Corporation (REREC) [2025] KEELRC 1737 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E672 of 2022

Judge

SC Rutto

The court reviewed its earlier judgment on unfair termination after finding an error in how compensatory damages were calculated from the claimant’s gross salary.

• Unfair Termination
• Compensatory Damages
• Review Of Judgment
• Error Apparent On Record
• Unfair-termination
• Compensatory-damages