Kenya Case Law

Mumali v Blink Studio Limited

Mumali v Blink Studio Limited [2025] KEELRC 2112 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E080 of 2022

Judge

B Ongaya

The court found that the claimant breached his employment contract by failing to attend mandatory trainings, failing to report to work as required, and breaching confidentiality obligations. The evidence established that the claimant absconded duty and had no intention of returning to work, amounting to desertion as defined in law and the employment contract. The respondent's issuance of a termination letter was deemed acceptance of the claimant's repudiation of the contract. The court held that the termination was not unfair or unlawful, as the respondent followed fair procedure and had vali…

Source excerpt

• Unfair Termination
• Summary Dismissal
• Desertion Of Duty
• Confidentiality Breach
• Remedies For Termination
• Counterclaim For Property

Linsey Atieno Ojwang v Fusion Capital Limited

Linsey Atieno Ojwang v Fusion Capital Limited [2017] KEELRC 443 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 76 of 2013

Judge

M Mbarũ

The court found that while the claimant's conduct on social media may have been viewed as inappropriate by the employer, the respondent failed to follow due process as required by law. The claimant was not given notice of the allegations, nor was she afforded a hearing to defend herself before summary dismissal. This procedural lapse rendered the termination unfair, regardless of the alleged misconduct. The court held that the claimant was entitled to notice pay and compensation for unfair termination, but not service pay since statutory dues had been paid. The claimant's outstanding staff lo…

Source excerpt

• Unfair Termination
• Summary Dismissal
• Procedural Fairness
• Employee Privacy
• Confidentiality Breach

JM v HM

JM v HM [2015] KEHAT 7 (KLR)

Court

HIV and AIDS Tribunal

Case number

Tribunal Case 066 of 2014

Judges

JO Arwa, A Siparo, M Deche, MN Kullow, S Bosire, J Muriuki, J Kyambi

The Tribunal dismissed a discrimination claim based on HIV status but found unlawful disclosure of HIV status and awarded Kshs. 150,000 plus costs.

• Hiv Status Discrimination
• Confidentiality Breach
• Matrimonial Disputes
• Hiv-status-discrimination
• Confidentiality-breach
• Matrimonial-disputes

Paul Chomba Muchira & 3 others v Milango Financial Services Ltd

Paul Chomba Muchira & 3 others v Milango Financial Services Ltd [2014] KEELRC 1244 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 86 of 2012

Judge

MSA Makhandia

The court found the employee's dismissal procedurally unfair under section 41 of the Employment Act and awarded three months' gross wages as compensation.

• Unfair Termination
• Procedural Fairness
• Confidentiality Breach
• Summary Dismissal
• Unfair-termination
• Procedural-fairness