Kenya Case Law

Mumali v Blink Studio Limited

Mumali v Blink Studio Limited [2025] KEELRC 2112 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E080 of 2022

Judge

B Ongaya

The court found that the claimant breached his employment contract by failing to attend mandatory trainings, failing to report to work as required, and breaching confidentiality obligations. The evidence established that the claimant absconded duty and had no intention of returning to work, amounting to desertion as defined in law and the employment contract. The respondent's issuance of a termination letter was deemed acceptance of the claimant's repudiation of the contract. The court held that the termination was not unfair or unlawful, as the respondent followed fair procedure and had vali…

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• Unfair Termination
• Summary Dismissal
• Desertion Of Duty
• Confidentiality Breach
• Remedies For Termination
• Counterclaim For Property

Obwogo v Verve KO Limited

Obwogo v Verve KO Limited [2024] KEELRC 2741 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 621 of 2019

Judge

L Ndolo

The Employment and Labour Relations Court dismissed a claim for constructive dismissal, finding no proof of resignation, desertion, or unpaid salaries.

• Constructive Dismissal
• Salary Arrears
• Service Pay
• Burden Of Proof
• Desertion Of Duty
• Constructive-dismissal

Oduor v Board of Management Makongeni Secondary School

Oduor v Board of Management Makongeni Secondary School [2024] KEELRC 1855 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 2136 of 2017

Judge

JK Gakeri

The court found that the claimant's employment ended in April 2014, and the suit filed in October 2017 was outside the three-year limitation period set by Section 90 of the Employment Act, 2007, thus statute barred and beyond the court's jurisdiction. Even if the suit were within time, the evidence showed the claimant deserted duty rather than being unfairly terminated or declared redundant. The claimant failed to discharge the burden of proof under Section 47(5) of the Employment Act, as he could not establish the circumstances or date of termination, and the respondent demonstrated reasonab…

Source excerpt

• Unfair Termination
• Redundancy
• Desertion Of Duty
• Limitation Periods
• Burden Of Proof
• Employment Contracts

SGA Security Solutions Limited v Mulei

SGA Security Solutions Limited v Mulei [2024] KEELRC 1406 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E136 of 2023

Judge

M Mbarũ

The court partly allowed an employment appeal, upheld unfair termination, revised the damages, rejected leave and overtime claims, and allowed a Sacco loan counterclaim.

• Unfair Termination
• Desertion Of Duty
• Notice Pay
• Compensation For Termination
• Counterclaim On Loans
• Leave And Overtime Entitlements

Kimilu v Teachers Service Commission

Kimilu v Teachers Service Commission [2024] KEELRC 1137 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 522 of 2019

Judge

JK Gakeri

The Employment and Labour Relations Court dismissed a teacher’s claim for unfair termination, finding valid reasons and a fair process over desertion and unaccounted funds.

• Unfair Termination
• Disciplinary Procedure
• Misappropriation Of Funds
• Desertion Of Duty
• Unfair-termination
• Disciplinary-procedure

Mungai v Gitau t/a Naramat Academy

Mungai v Gitau t/a Naramat Academy [2024] KEELRC 1262 (KLR)

Court

Employment and Labour Relations Court

Case number

Civil Appeal E084 of 2022

Judge

L Ndolo

The Employment and Labour Relations Court partly allowed an appeal, finding the respondent failed to prove desertion of duty and awarding compensation and notice pay.

• Unlawful Termination
• Desertion Of Duty
• Compensation For Dismissal
• Notice Pay
• Special Damages
• Procedural Fairness

Ableey v Kenya Airports Authority

Ableey v Kenya Airports Authority [2024] KEELRC 1410 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E053 of 2023

Judge

M Mbarũ

The court found that the claimant's absence from work was lawful, as it was in compliance with a court order permitting unionized employees to withdraw labour as part of a protected strike. The respondent's assertion of desertion was not justified, as the claimant did not intend to abandon his employment but was exercising a right protected by law and court order. The respondent failed to demonstrate that the claimant's absence constituted desertion or that proper grounds existed for summary dismissal. The termination was therefore unfair and unlawful. The court awarded the claimant compensat…

Source excerpt

• Unfair Termination
• Protected Strike
• Desertion Of Duty
• Compensation For Dismissal

Okinyi v Mogas Kenya Limited

Okinyi v Mogas Kenya Limited [2024] KEELRC 319 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 2066 of 2017

Judge

JK Gakeri

The court found that the respondent failed to prove that the claimant deserted duty, as no evidence was provided of attempts to contact him or to follow the required disciplinary process. Even if the claimant had deserted, the respondent was still obligated to adhere to procedural fairness under section 41 of the Employment Act, 2007. The respondent did not demonstrate compliance with statutory requirements for fair termination, including providing notice or conducting a fair hearing. Consequently, the termination was deemed unfair, entitling the claimant to compensation and salary in lieu of…

Source excerpt

• Unlawful Termination
• Procedural Fairness
• Desertion Of Duty
• Compensation For Unfair Termination

Aketch v Capital City Limited

Aketch v Capital City Limited [2024] KEELRC 232 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1932 of 2017

Judge

JK Gakeri

The court found the claimant had deserted work, not been unfairly terminated, but awarded underpayment and leave pay. The respondent received one month’s notice pay.

• Unfair Termination
• Desertion Of Duty
• Underpayment Of Wages
• Leave Entitlements
• Unfair-termination
• Desertion-of-duty

Mutua v oard of Management Barazani Girls High School

Mutua v oard of Management Barazani Girls High School [2024] KEELRC 184 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 896 of 2017

Judge

MN Nduma

The court dismissed an employment claim, finding the claimant deserted duty rather than being unlawfully terminated, and proved no entitlement to the claimed benefits.

• Unfair Termination
• Desertion Of Duty
• Disciplinary Procedure
• Terminal Benefits
• Burden Of Proof
• Unfair-termination