Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Kenya decisions
Decisions matching the current search
Massawa v Shop and Deliver Limited [2025] KEELRC 2137 (KLR)
The court found the employee’s dismissal unfair and discriminatory after an accident-related incapacity, holding that the employer breached fair hearing and procedure requirements.
Chemutai v Lipa Later Limited [2025] KEELRC 2102 (KLR)
The court found that the petitioner was constructively dismissed as a result of the respondent's persistent failure to pay salaries, unilateral reduction of salary, and creation of a hostile work environment. The respondent's actions constituted a breach of the petitioner's rights to fair labour practices, fair remuneration, and dignity as protected by the Constitution and the Employment Act. The respondent did not contest the petition, and the petitioner's evidence was uncontroverted. The court applied the legal test for constructive dismissal and concluded that the petitioner was entitled t…
Source excerpt
Gachoki v Church World Service, Rsc Africa [2025] KEELRC 2061 (KLR)
The court dismissed a constitutional petition challenging an ongoing redundancy process, finding it was filed prematurely and that the petitioner had received terminal dues.
Sifuna v County Government of Nairobi & another [2025] KEELRC 1895 (KLR)
The court found that the petitioner failed to establish any constitutional or statutory breaches by the respondents. The evidence showed the petitioner absented himself from duty for extended periods without notice or communication, justifying the stoppage of salary and subsequent termination. The respondents followed due process by issuing a show cause letter and providing an opportunity for the petitioner to explain his absence, which he failed to do. There was no proof of violation of Articles 41, 47, 50, or 159 of the Constitution or the relevant sections of the Employment Act. The court…
Source excerpt
Ajwang v Office of the County Secretary, Nairobi City County & another [2025] KEELRC 1551 (KLR)
The court found that while the authority to suspend county public officers is vested in the County Public Service Board, the Board is empowered to delegate this authority in writing to the County Secretary under Section 86 of the County Governments Act. The petitioner failed to provide evidence that such delegation did not exist or that he had inquired and been denied confirmation of delegation. The court held that the burden of proof rested with the petitioner, who did not discharge it. Furthermore, the court determined that the suspension was based on valid and fair reasons, namely the EACC…
Source excerpt
Makori v Public Service Commission & another [2025] KEELRC 1624 (KLR)
The court found that at the time of the petitioner's dismissal, the applicable legal regime—specifically the Pensions Act (Cap. 189) and the Public Service Commission Regulations, 1985—expressly excluded dismissed officers from entitlement to pension or terminal benefits. The pension scheme was non-contributory, and the petitioner had no vested right to pension upon dismissal. The court further held that the Constitution of Kenya, 2010 and the Employment Act, 2007 did not apply retrospectively to confer pension rights for events occurring before their enactment. As such, the petitioner could…
Source excerpt
Barrito v Phoenix Aviation Limited [2025] KEELRC 1488 (KLR)
The court found that the Petitioner failed to prove any elements of coercion, duress, or undue influence in the execution of the Settlement Agreement. The evidence showed that the Petitioner, a senior employee, voluntarily signed the Agreement and received full payment as stipulated. The court emphasized that a Settlement Agreement is binding unless vitiated by fraud, coercion, or undue influence, none of which were established by the Petitioner. The Petitioner’s claim for discrimination was unsupported, as there was no evidence that he was treated differently on prohibited grounds. The court…
Source excerpt
Mwamati v Tana Athi Water Works Development Agency & another [2025] KEELRC 1466 (KLR)
The court found that the applicant failed to demonstrate the existence of special circumstances or a strong prima facie case warranting the grant of a mandatory injunction or conservatory orders at the interlocutory stage. The court emphasized that reinstatement as an interim remedy is only available in exceptional cases and that the applicant did not prove he would suffer irreparable harm not compensable by damages. The court further held that public interest does not favour reinstating an employee found guilty of misconduct before the merits of the case are fully determined. The court also…
Source excerpt
Watuku v Industrial & Commercial Development Corporation [2025] KECA 768 (KLR)
The Court of Appeal held that the appellant failed to prove constructive dismissal, as the evidence did not establish a fundamental breach of contract or intolerable working conditions directly causing his resignation. The Court found that the appellant was promoted during his employment, and that performance appraisals and disciplinary actions were conducted in accordance with established policies and procedures. The Court rejected claims of discrimination, noting the lack of specific evidence and the employer's discretion in promotions. Claims for overtime, special duty allowance, and healt…
Source excerpt
Njako v Competition Authority of Kenya & another [2025] KEELRC 1284 (KLR)
The Employment and Labour Relations Court struck out a petition challenging a proposed surcharge, holding it was premature because no surcharge had been effected.
Explore more
