Kenya Case Law

BNW v JWG (Divorce Cause E004 of 2026)

BNW v JWG (Divorce Cause E004 of 2026) [2026] KEMC 360 (KLR) (29 July 2026) (Judgment)

Court

Magistrate's Court

Case number

Divorce Cause E004 of 2026

Judge

["MM Gituma"]

The court found that both parties alleged and partially evidenced cruelty, but neither side proved the accusations conclusively. However, the evidence showed a long-standing decline in the relationship, failed reconciliation efforts, and mutual acknowledgment that the marriage could not be salvaged. On that basis, the court held that the marriage had irretrievably broken down and dissolved it under section 66 of the Marriage Act.

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• Dissolution of civil marriage
• Irretrievable breakdown of marriage
• Cruelty
• Adultery
• Desertion
• Exceptional depravity

Haripharm Pharmacy Limited v Mwangangi

Haripharm Pharmacy Limited v Mwangangi (Employment and Labour Relations Appeal E342 of 2024) [2026] KEELRC 2349 (KLR) (29 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E342 of 2024

Judge

["DKN Marete"]

The respondent’s termination was proved and was unlawful and unfair because the employer failed to substantiate desertion, kept no employment records, and produced no evidence to rebut the respondent’s account. The awards for house allowance, annual leave, and public holiday pay were supported by the employer’s failure to produce mandatory records. However, the trial court applied the wrong statutory provision to the item styled as service pay; the award had to be recalculated under section 35(5) of the Employment Act as redundancy-related service pay.

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• Termination of employment
• Redundancy
• Desertion
• Burden of proof
• Employment records
• House allowance

Transchem Pharmaceuticals Ltd v Kinanu

Transchem Pharmaceuticals Ltd v Kinanu (Employment and Labour Relations Appeal E045 of 2025) [2026] KEELRC 1995 (KLR) (15 July 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E045 of 2025

Judge

["DKN Marete"]

The appeal failed because the respondent proved, on a balance of probabilities, that the employer sent her home, failed to complete any disciplinary process, denied her re-entry, and reversed her salary, which amounted to unfair and procedurally defective termination rather than desertion. The trial court’s compensation and ancillary awards were within legal discretion and correctly computed, so there was no basis to interfere.

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• Unfair termination
• Desertion
• Procedural fairness
• Burden of proof in employment claims
• Compensation for unfair termination
• Notice pay

Twaweza Kenya Apparel [Epz] Ltd v Kombe (Appeal E003 of 2025)

Twaweza Kenya Apparel [Epz] Ltd v Kombe (Appeal E003 of 2025) [2026] KEELRC 1912 (KLR) (24 June 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E003 of 2025

Judge

["K Ocharo"]

The appeal failed because the Appellant did not prove the alleged absconding with complete attendance records and did not prove effective service of the disciplinary notices and termination letter; without proof of receipt, the disciplinary process was procedurally defective. The trial court’s ultimate finding of unfair termination and the awards flowing from it were therefore upheld, and the underpayment/house allowance claims were not rebutted by credible payroll evidence.

Source excerpt

• Unfair termination
• Absconding duty
• Desertion
• Procedural fairness
• Service of disciplinary notices by email
• Burden of proof in dismissal cases

Mwangi v Githinji t/a Geebee Complinks (Appeal E013 of 2025)

Mwangi v Githinji t/a Geebee Complinks (Appeal E013 of 2025) [2026] KEELRC 1473 (KLR) (29 May 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E013 of 2025

Judge

["J Rika"]

The Court held that the trial court was correct to dismiss the ordinary monetary claims for terminal benefits because the appellant did not prove them, and section 10(7) did not relieve her of that burden. However, the trial court erred by treating the unfair termination claim the same way, because once the appellant gave evidence that she had been arrested on the respondent’s complaint, then denied access back to work without notice or a hearing, a prima facie case of unfair termination arose. The respondent failed to justify termination or prove desertion. The appeal therefore succeeded onl…

Source excerpt

• Unfair termination
• Burden of proof
• Terminal benefits
• Notice pay
• Compensation for unfair dismissal
• Desertion

Parapet Limited v Onchiri

Parapet Limited v Onchiri (Employment and Labour Relations Appeal E123 of 2024) [2026] KEELRC 924 (KLR) (9 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E123 of 2024

The Respondent established a prima facie case of unfair termination, and the Appellant failed to provide sufficient evidence of procedural fairness or efforts to trace the Respondent. The trial court’s finding of unfair termination was upheld, but the compensation award was reduced as the original award was excessive given the circumstances.

Source excerpt

• Unfair termination
• Burden of proof
• Compensation
• Procedural fairness
• Desertion
• Remedies

Parapet v Wanjala

Parapet v Wanjala (Employment and Labour Relations Appeal E121 of 2024) [2026] KEELRC 919 (KLR) (9 April 2026) (Judgment)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E121 of 2024

The Respondent established a prima facie case of unfair termination, and the Appellant failed to provide sufficient evidence of procedural fairness or efforts to trace the Respondent. The trial court's finding of unfair termination was upheld, but the compensation award was reduced as the original award was excessive given the circumstances.

Source excerpt

• Unfair termination
• Burden of proof
• Compensation
• Procedural fairness
• Desertion
• Remedies

Onyango v Kisspag Security Services (Appeal E018 of 2025)

Onyango v Kisspag Security Services (Appeal E018 of 2025) [2025] KEELRC 3524 (KLR) (10 December 2025) (Judgment)

Court

Employment and Labour Relations Court

Case number

Appeal E018 of 2025

Appellant failed to prove constructive dismissal or unfair termination; evidence showed desertion after 1st January 2020; only accrued rights such as underpayment and leave allowance are recoverable.

Source excerpt

• Constructive dismissal
• Desertion
• Underpayment
• Leave allowance
• Certificate of service
• Unlawful termination

Kitui Flour Mills Limited v Abdulla

Kitui Flour Mills Limited v Abdulla [2024] KEELRC 13572 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E097 of 2024

Judge

K Ocharo

Employment appeal partly allowed. The court upheld notice pay, found termination unfair, and reduced compensation for unfair dismissal from 12 to 6 months' salary.

• Unfair Termination
• Procedural Fairness
• Notice Pay
• Compensation Awards
• Burden Of Proof
• Employee Dismissal

HWMJ v MWM

HWMJ v MWM [2024] KEHC 11351 (KLR)

Court

High Court

Case number

Civil Appeal 79 of 2023

Judge

CM Kariuki

The High Court found that both parties had not cohabited since 2015, and the evidence established desertion for more than three years prior to the petition, satisfying a statutory ground for divorce under Section 65 of the Marriage Act. The court held that the marriage had irretrievably broken down, as neither party demonstrated willingness or ability to reconcile, and the relationship had lost its essential purpose. The trial magistrate erred in refusing to dissolve the marriage and in issuing an injunction over matrimonial property within divorce proceedings, as such matters are to be deter…

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• Divorce Petitions
• Matrimonial Property
• Irretrievable Breakdown
• Desertion
• Injunctions In Family Law