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Kenya decisions
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Levati v Dodla Dairy Kenya Limited & another [2025] KEELRC 2127 (KLR)
The court dismissed a constructive dismissal claim, finding the claimant resigned voluntarily. It allowed only admitted dues: leave pay, March 2024 salary, return ticket, and a certificate of service.
Dpl Festive Limited v Okuny [2025] KEELRC 2122 (KLR)
The Employment and Labour Relations Court allowed an employer’s appeal, set aside awards for notice pay and unpaid salary, but left the certificate of service intact.
Muasya v Shell & Vivo Lubricants Kenya Ltd [2025] KEELRC 2132 (KLR)
The court dismissed a claim for constructive dismissal and related employment remedies after finding the parties voluntarily signed a binding separation agreement.
King’ori v Nawiri DT Sacco Limited [2025] KEELRC 2109 (KLR)
The Employment and Labour Relations Court found that the claimant’s dismissal was unfair and unlawful because the employer failed to prove a valid reason and did not hold a fair hearing.
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…
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Kiugu v Jubilee Holdings Limited [2025] KEELRC 2089 (KLR)
The court found that the Respondent's cumulative conduct—including assigning the Claimant additional substantive roles without compensation or contract amendment, subjecting him to abrupt and unexplained negative performance reviews, mishandling his grievances, breaching his medical privacy, and suspending him on half pay without verified cause—created a hostile and intolerable work environment. This amounted to a repudiatory breach of the fundamental terms of employment, satisfying the legal test for constructive dismissal. The Claimant's resignation was therefore not voluntary but compelled…
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Nangabo v Sana Industries Limited & another [2025] KEELRC 2117 (KLR)
The court found constructive dismissal after an indefinite suspension without a hearing and awarded house allowance, leave, and 10 months’ compensation.
Kibiro v Ole-Sereni [2025] KEELRC 2076 (KLR)
The court found that the respondent failed to adhere to statutory and procedural requirements in handling the disciplinary process against the claimant. The respondent did not provide the claimant with the necessary documents or the opportunity to adequately defend himself, and referred him to the respondent's counsel for information in a manner inconsistent with internal disciplinary procedures. The evidence showed that the claimant was accused by faceless and unnamed individuals, was not given a fair chance to respond, and was subjected to a flawed process. This conduct created an intolerab…
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Kakai v Ergerton University [2025] KEELRC 2057 (KLR)
The court found that the Respondent's failure to pay the Claimant's full salary, non-remittance of pension contributions, and failure to remit loan deductions constituted fundamental breaches of the employment contract. These breaches created a hostile work environment that forced the Claimant to resign, amounting to constructive dismissal. The Claimant's attempt to rescind his resignation, though not accepted by the Respondent, was made in the context of mental health distress and ongoing breaches by the employer. The court held that the Claimant was entitled to compensation for unlawful ter…
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Kenya Union of Commercial, Food and Allied Workers v Equitorial Nut Processors Limited [2025] KEELRC 2059 (KLR)
The court found constructive dismissal where workers were placed on indefinite unpaid leave, and awarded notice pay, compensation, and certificates of service.
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