Kenya Case Law

Kenya Private Universities Workers Union v United States International University – Africa

Kenya Private Universities Workers Union v United States International University – Africa [2025] KEELRC 2157 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E594 of 2020

Judge

B Ongaya

The court dismissed a union claim over redundancy, salary cuts, and alleged consent breaches, finding the COVID-19 redundancy process lawful and the union had standing to sue.

• Redundancy Procedure
• Trade Union Representation
• Covid19 Employment Measures
• Severance Pay
• Locus Standi
• Collective Bargaining

Kenya Union of Journalists v Standard Group

Kenya Union of Journalists v Standard Group [2024] KEELRC 1347 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 171 of 2020

Judge

Nzioki wa Makau

The court dismissed a union challenge to Covid-19-related pay cuts, holding the pandemic was an exceptional circumstance and awarding no costs.

• Collective Bargaining Agreements
• Unlawful Wage Reduction
• Consultation Duties
• Force Majeure In Employment
• Covid19 Employment Measures
• Unlawful-wage-reduction

Ben Murage Njogu v Ramani Warehouse Limited

Ben Murage Njogu v Ramani Warehouse Limited [2021] KEELRC 1907 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E6546 of 2020

Judge

J Rika

The court found that the Respondent's decision to send the Claimant on indefinite unpaid leave was not supported by evidence of genuine economic hardship caused by Covid-19, as the Respondent continued to hire other employees, including expatriates, during the same period. The Respondent failed to provide financial statements or objective evidence to justify the action, and the Claimant was singled out without explanation. The court held that the employment relationship was left in an impermissible state of flux, with the Claimant neither clearly retrenched nor laid off, and without a definit…

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• Unlawful Termination
• Constructive Dismissal
• Retrenchment Procedure
• Covid19 Employment Measures
• Employment Contracts
• Salary Deductions

Kenya Union of Commercial Food & Allied Workers & London Distillers (K) Limited

Kenya Union of Commercial Food & Allied Workers & London Distillers (K) Limited [2021] KEELRC 2213 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E490 of 2020

Judge

DO Ogal

The court found that the respondent failed to comply with the mandatory requirements of Section 40(1) of the Employment Act and the relevant clauses of the CBA by not issuing proper and timely notices to the union and local labour officers regarding the intended redundancies and retirements. The court held that a notice posted on a company notice board does not constitute sufficient notification under the law. The respondent also failed to engage in meaningful consultation with the union, as evidenced by the refusal to meet and the lack of response to union correspondence. The court determine…

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• Redundancy Procedure
• Collective Bargaining Agreement
• Retirement Benefits
• Union Recognition
• Covid19 Employment Measures

Mridul Chakraborty v Chemigas Limited

Mridul Chakraborty v Chemigas Limited [2020] KEELRC 393 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E501 of 2020

Judge

HS Wasilwa

The court found that the respondent's actions—sending the applicant on unpaid leave, withdrawing benefits, and arranging for his repatriation without clear communication regarding his employment status or payment of terminal dues—amounted to constructive termination. The respondent failed to provide the applicant with options or clarity about his future with the company, and the communication was deemed terse and lacking in procedural fairness. The court held that, even in the context of economic hardship due to Covid-19, the respondent was obligated to comply with statutory and contractual r…

Source excerpt

• Unlawful Termination
• Employment Benefits
• Repatriation Of Expatriates
• Covid19 Employment Measures

Kenya Private Universities Workers Union v African Nazarene University

Kenya Private Universities Workers Union v African Nazarene University [2020] KEELRC 551 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 227 of 2020

Judge

MSA Makhandia

The court held that the employer could not unilaterally reduce house allowance or send unionisable staff on unpaid leave without consulting the union.

• Consultation With Union
• Variation Of Employment Terms
• House Allowance Entitlement
• Covid19 Employment Measures
• Consultation-with-union
• House-allowance

Kenya Private Universities Workers Union v Africa Nazarene University

Kenya Private Universities Workers Union v Africa Nazarene University [2020] KEELRC 556 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 227 of 2020

Judge

MSA Makhandia

The court held that the university could not unilaterally reduce house allowance or alter unionisable employees’ terms without consulting the union, and ordered pay restoration and negotiations.

• Consultation With Union
• Variation Of Employment Terms
• Housing Allowance Rights
• Covid19 Employment Measures
• Consultation-with-union
• Variation-of-employment-terms

Kenya Long Distance Truck Drivers and Allied Workers Union v Masters Fabricators Limited

Kenya Long Distance Truck Drivers and Allied Workers Union v Masters Fabricators Limited [2020] KEELRC 540 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 19 of 2020

Judge

MSA Makhandia

The court dismissed a union's application for contempt and interim relief, finding no breach of earlier dues orders and no basis to interfere with unpaid leave measures at this stage.

• Union Dues Deduction
• Compulsory Unpaid Leave
• Consultation Requirements
• Covid19 Employment Measures
• Union-dues
• Contempt-of-court

Moses Kamau,Nawire Wejuli,Shem Luchiri,Purity Gitonga,Wilfred Mugira,Paul Mukonza & Wilson Momanyi v Signature Holdings (E A) Ltd

Moses Kamau,Nawire Wejuli,Shem Luchiri,Purity Gitonga,Wilfred Mugira,Paul Mukonza & Wilson Momanyi v Signature Holdings (E A) Ltd [2020] KEELRC 823 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 191 of 2020

Judge

MSA Makhandia

The court declined interim injunctive relief over unpaid leave imposed during COVID-19, finding no proved consultation but noting the risk of redundancies and leaving the merits for trial.

• Variation Of Employment Terms
• Consultation Requirements
• Unpaid Leave
• Covid19 Employment Measures
• Breach Of Contract
• Injunctive Relief