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Kenya decisions
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Mutua v Mastermind Tobacco Kenya Limited [2025] KEELRC 1700 (KLR)
The ELRC at Machakos upheld dismissal of an appeal over unpaid leave during COVID-19, finding no constructive dismissal and only ordering a certificate of service.
Njiriri v Zizu Investments Limited [2025] KEELRC 1313 (KLR)
The ELRC dismissed an unfair termination claim and the employer’s counterclaim, finding a valid 30-day notice and insufficient proof of leave and damages.
Luambe v Fidelity Security Limited [2025] KEELRC 864 (KLR)
The ELRC dismissed an appeal over alleged unfair termination, holding that the appellant voluntarily signed a discharge agreement accepting KES 20,000 as full settlement.
Mwandoro v Superior Hotels Kenya [2025] KEELRC 732 (KLR)
The Employment and Labour Relations Court upheld a redundancy dismissal as procedurally fair, but awarded unpaid salary arrears and terminal dues.
Kasuni v Fidelity Security Limited [2024] KEELRC 13542 (KLR)
The Employment and Labour Relations Court dismissed an appeal challenging an employment separation during the Covid-19 period, holding that a signed discharge voucher barred further claims.
Koskei v Ministry of Works Sports Club [2024] KEELRC 1822 (KLR)
The court found that the claimant was not entitled to salary for the period he was at home due to the COVID-19 pandemic, as he did not render any service and the respondent's business was disrupted by government measures. The claim for unpaid leave was declined due to lack of specificity and evidence. Claims for welfare and SACCO deductions, as well as punitive damages for alleged non-remittance, were dismissed for want of proof and failure to specifically plead and prove the amounts. The only successful claim was for severance pay, as the claimant was still in service up to the date of redun…
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Mbulu v Red Court Hotel t/a Boma Hotel Limited [2024] KEELRC 1396 (KLR)
The court held that indefinite unpaid leave during Covid-19, without proper notice or recall, amounted to unfair termination and awarded the claimant damages and dues.
Exotic Penina Fields Group Limited (F.T.A Carnation Plants Limited) v Mose [2024] KEELRC 1299 (KLR)
The court found that the respondent voluntarily agreed to proceed on unpaid leave during the COVID-19 pandemic, as evidenced by a signed separation agreement. The appellant subsequently recalled the respondent to work, but the respondent failed to resume duty and instead filed suit. There was no evidence of unfair or unlawful termination by the appellant. The trial court erred in finding otherwise and in awarding the respondent one month's salary in lieu of notice and salary for March and April 2020. The awards were contrary to the evidence and the arrangement of unpaid leave. The appeal was…
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Mathenge v DLR Group Africa Limited [2024] KEELRC 960 (KLR)
The court held the claimant was a consultant until September 2017, upheld the redundancy process, but awarded unpaid salary, leave, salary for February 2021, and severance.
Okeyo v Ministry of Works Sports Club [2024] KEELRC 865 (KLR)
The court partly allowed a redundancy-related employment claim, awarding severance pay and a certificate of service, but declining salary, leave, deduction, and punitive damages claims.
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