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Massawa v Shop and Deliver Limited [2025] KEELRC 2137 (KLR)
The court found the employee’s dismissal unfair and discriminatory after an accident-related incapacity, holding that the employer breached fair hearing and procedure requirements.
Mutua v Absa Bank Kenya Limited [2025] KEELRC 1192 (KLR)
The court found the bank unlawfully terminated an employee who was under TB treatment, awarded six months’ compensation, and declined notice pay and house allowance.
Ronoh v Taita Taveta University & another [2025] KEELRC 1087 (KLR)
The court dismissed most claims of disability discrimination and unfair dismissal, finding the claimant was absent without authority and neglectful of duty.
Waweru (Suing as Next Friend and Mother of Grace Wambui Waweru) v Central Bank of Kenya [2024] KEELRC 13585 (KLR)
The court found that while the respondent was aware of the claimant's mental health condition and provided some medical support, it failed to provide reasonable accommodation as required by law. The respondent subjected the claimant to a disciplinary hearing without ensuring she was in a fit mental state to defend herself, and there was no medical evidence to confirm her capacity at the time of the hearing. The respondent did not go beyond standard medical support to accommodate her disability, as required by the Supreme Court's guidance on reasonable accommodation. The disciplinary process w…
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Maina v Bajrang Construction Limited [2024] KEELRC 2670 (KLR)
The Employment and Labour Relations Court found that the claimant was employed by the respondent and that his termination after a workplace injury was unfair.
Kinyua v Smollan Kenya Limited [2024] KEELRC 2510 (KLR)
The court found that the claimant's employment ended by effluxion of time under a fixed-term contract, with no evidence of legitimate expectation of renewal or that the non-renewal was based on disability. The claimant failed to prove he had a disability or that the respondent discriminated against him. The contract did not provide for gratuity, and the respondent had made NSSF contributions. Claims for salary in lieu of notice, damages for discrimination, medical expenses, and other reliefs were unsupported by evidence or not contractually/statutorily justified. The court held that the respo…
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Ronoh v Kenya Electricity Generating Company PLC (KENGEN) & another [2024] KEELRC 1880 (KLR)
The court found no discrimination, but held that stopping the petitioner’s salary without exhausting medical-retirement procedures violated dignity and fair labour rights.
Kung'u v Kenya Electricity Generating Company PLC [2024] KEELRC 1843 (KLR)
The court found that the Petitioner failed to prove, on a balance of probabilities, that the Respondent was aware of his disability status prior to issuing the retirement notice or that he was registered in the Respondent’s HR database as a person with disability for the requisite period. The evidence presented, including the NCPD card and tax exemption certificate, was insufficient to establish that the Respondent acted in contravention of the Persons with Disabilities Act or government policy. The Petitioner did not demonstrate that he was treated less favourably than similarly situated emp…
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Seth & 2 others v Ministry of Interior and Coordination of National Government & 3 others [2024] KEELRC 1614 (KLR)
The court found that the 2nd and 3rd Petitioners were in an employment relationship with the Respondents and that their contracts were terminated solely on the ground of their disabilities. The Respondents failed to afford the Petitioners an opportunity to make representations or to consider reasonable accommodation, breaching both procedural fairness and the doctrine of reasonable accommodation as recognized in Kenyan law and international jurisprudence. The court held that the termination was discriminatory, violated the Petitioners' dignity, and was contrary to Articles 27, 28, and 54 of t…
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Ochieng v Attorney General & 3 others [2024] KEELRC 892 (KLR)
The Employment and Labour Relations Court dismissed a former Kenya Defence Forces member’s claim, finding his discharge and summary trial complied with the Act.
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