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Kenya decisions
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Mutuma v DHL Worldwide Express Kenya Limited [2025] KEELRC 2153 (KLR)
The court found the claimant’s dismissal procedurally and substantively unfair, awarded six months’ compensation and notice pay, and ordered return of the company Prado.
Otana v Equity Bank Limited [2025] KECA 1324 (KLR)
The Court of Appeal found that the appellant was notified of the disciplinary hearing by telephone and failed to attend, thereby locking himself out of the procedural fairness safeguards provided by law. The court held that section 41(1) of the Employment Act does not require written notice, only that the employee be notified and given an opportunity to be heard. The appellant's refusal to attend on the basis of pending criminal proceedings was not justified, as criminal and disciplinary processes are distinct and can proceed concurrently. The court further found that the respondent's interna…
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County Government of Kwale v Kiptalam [2025] KECA 1310 (KLR)
The Court of Appeal found that the respondent unjustifiably absconded from duty for a significant period following his transfer and failed to provide lawful cause for his absence. The deployment letter clearly stipulated the reporting date, and the respondent's grievances or pending investigations did not entitle him to disregard the transfer order. The appellant followed the disciplinary procedures outlined in Clause 4.4 of the Public Service Commission Discipline Manual, including attempts to contact the respondent and issuance of a show cause letter. The respondent's reliance on COVID-19 c…
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Maritim v Kenyatta National Hospital [2025] KEELRC 2133 (KLR)
The court found Kenyatta National Hospital unlawfully surcharged and deducted salary from an employee without following its policy or proving willful default.
Bett v Murang’a University of Technology [2025] KEELRC 2131 (KLR)
The court found that the respondent had a valid reason to terminate the claimant's employment, namely, the claimant's inappropriate relationship with a student in violation of the university's code of ethics. The evidence, particularly from the student (RW1), established on a balance of probabilities that the claimant engaged in a sexual relationship with a student, causing her emotional and psychological trauma. The disciplinary process, though delayed due to the COVID-19 pandemic, was found to be fair and in compliance with statutory and institutional requirements. The claimant was given ad…
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King’ori v Nawiri DT Sacco Limited [2025] KEELRC 2109 (KLR)
The Employment and Labour Relations Court found that the claimant’s dismissal was unfair and unlawful because the employer failed to prove a valid reason and did not hold a fair hearing.
Kibiro v Ole-Sereni [2025] KEELRC 2076 (KLR)
The court found that the respondent failed to adhere to statutory and procedural requirements in handling the disciplinary process against the claimant. The respondent did not provide the claimant with the necessary documents or the opportunity to adequately defend himself, and referred him to the respondent's counsel for information in a manner inconsistent with internal disciplinary procedures. The evidence showed that the claimant was accused by faceless and unnamed individuals, was not given a fair chance to respond, and was subjected to a flawed process. This conduct created an intolerab…
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Tome v Bungoma County Assembly Service Board & 2 others [2025] KECA 1289 (KLR)
The Court of Appeal found that the appellant's dismissal was both substantively and procedurally unfair, as previously determined by the Employment and Labour Relations Court. However, the appellate court held that reinstatement was not warranted because the appellant failed to demonstrate exceptional circumstances as required by section 49(4) of the Employment Act and relevant case law. The breakdown of trust, length of time out of employment, and lack of evidence of inability to secure alternative employment weighed against reinstatement. The court also found no basis for exemplary damages,…
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Orioki v Del Monte Kenya Limited [2025] KEELRC 2052 (KLR)
The court found that the primary dispute between the parties was one of unfair termination of employment, which is governed by statutory provisions under the Employment Act, 2007. The court held that the petitioner’s grievances, though framed as constitutional violations, were fundamentally employment-related and could be adequately addressed through an ordinary statement of claim rather than a constitutional petition. The court emphasized that the doctrine of constitutional avoidance requires that constitutional issues be determined only when necessary, and where statutory remedies exist, th…
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Kenya Plantation and Agricultural Workers Union v Eastern Produce Kenya Limited (Siret Tea Estate) [2025] KEELRC 2080 (KLR)
The court found the dismissals of two union-represented guards unfair for lack of valid reason and inadequate proof, but refused reinstatement as time-barred.
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