Kenya Case Law

Aga Khan University Hospital v Gesore

Aga Khan University Hospital v Gesore [2025] KECA 1214 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 133 of 2020

Judges

J Mohammed, FA Ochieng, AO Muchelule

The Court of Appeal held that the Employment and Labour Relations Court (ELRC) was properly vested with jurisdiction to determine the dispute, as the respondent's clinical privileges were directly linked to her employment and the dispute arose from the cessation of that employment. However, the court found that the respondent's clinical privileges were lawfully relinquished upon her resignation, as the governing by-laws expressly tied such privileges to full-time faculty status and did not provide for their continuation post-resignation. The court further determined that the respondent failed…

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• Employment Termination
• Jurisdiction Of Elrc
• Discrimination Claims
• Interpretation Of Institutional By Laws

Mureu v Ressourcethica Kenya Limited

Mureu v Ressourcethica Kenya Limited [2025] KEELRC 1912 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E463 of 2023

Judge

SC Rutto

The court found that the claimant was terminated by way of redundancy through a letter dated 17th January 2023, which was unequivocal and final, leaving no room for negotiation or mutual separation. The respondent failed to prove that the redundancy was substantively justified, as there was no evidence of actual restructuring or abolition of the claimant's position. Procedurally, the respondent did not comply with Section 40(1)(b) of the Employment Act, as neither the claimant nor the labour officer was notified in advance, and there were no meaningful consultations. The subsequent disciplina…

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• Unfair Termination
• Redundancy Procedure
• Compensatory Damages
• Procedural Fairness
• Discrimination Claims
• Terminal Benefits

Leonard & 3 others v Ministry of Interior and Coordiantion of National Government & 5 others

Leonard & 3 others v Ministry of Interior and Coordiantion of National Government & 5 others [2025] KEELRC 1705 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E001 of 2025

Judge

AN Mwaure

The court dismissed a petition challenging an assistant chief appointment, holding the petitioners failed to prove non-residency, discrimination, or procedural unfairness.

• Public Service Recruitment
• Constitutional Rights Enforcement
• Fair Administrative Action
• Discrimination Claims
• Public-service-recruitment
• Constitutional-petition

Kiawa v Coptic Hospital

Kiawa v Coptic Hospital [2025] KEHC 8343 (KLR)

Court

High Court

Case number

Petition E309 of 2024

Judge

EC Mwita

The court found that while it was wrong for the respondent to detain the baby after discharge due to non-payment of the hospital bill, the petitioner did not sufficiently demonstrate that she made concrete alternative arrangements to settle the bill or that the respondent unreasonably refused to accept NHIF insurance or collateral. The court held that the detention violated the baby’s right to motherly care and protection, but the petitioner also bore responsibility for not fulfilling her obligations. The court concluded that the petitioner failed to prove violation of her own rights and fund…

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• Detention For Debt
• Right To Dignity
• Right To Freedom And Security
• Hospital Liens
• Parental Rights
• Discrimination Claims

Dahiye v Kenya Accreditation Service & another

Dahiye v Kenya Accreditation Service & another [2025] KEELRC 1668 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E377 of 2024

Judge

BOM Manani

The court held that the claimant had not registered his disability early enough to claim retirement at 65, but his reinstatement created an accrued right to continue until 65.

• Retirement Age
• Disability Rights
• Public Service Regulations
• Discrimination Claims
• Disability-rights
• Retirement-age

Kalaine v Mobile Consultations Africa Limited t/a Tibu Health

Kalaine v Mobile Consultations Africa Limited t/a Tibu Health [2025] KEELRC 1640 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E449 of 2023

Judge

SC Rutto

The court found that while the employment contract contained an arbitration clause, the issues raised by the claimant—including allegations of discrimination and violations of constitutional rights—transcend ordinary contractual disputes and fall within the exclusive jurisdiction of the court. The court emphasized the inherent inequality in employment relationships and the limited applicability of arbitration to employment disputes, especially where constitutional questions are involved. The court relied on Supreme Court authority to hold that breaches or violations of the Constitution cannot…

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• Arbitration Clauses In Employment
• Stay Of Proceedings
• Constitutional Rights In Employment
• Discrimination Claims
• Access To Justice

Muli v ABSA Bank Kenya PLC

Muli v ABSA Bank Kenya PLC [2025] KEELRC 1514 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 536 of 2019

Judge

JW Keli

The court found that the respondent had a valid and fair reason to terminate the claimant's employment, based on the claimant's actions of accessing customer account details, recording them in his diary, and the employer's reasonable belief that these actions contributed to subsequent fraudulent transactions. The court held that the standard of proof was on a balance of probabilities, not beyond reasonable doubt, and that the employer's belief in the claimant's misconduct was justified. However, the court determined that the disciplinary process was procedurally flawed because the respondent…

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• Unfair Termination
• Procedural Fairness
• Summary Dismissal
• Disciplinary Process
• Notice Pay
• Discrimination Claims

Pempe v County Government of Mombasa

Pempe v County Government of Mombasa [2025] KEELRC 1579 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E003 of 2025

Judge

K Ocharo

The Employment and Labour Relations Court dismissed an unopposed application to transfer a magistrates’ court claim, finding no merit or basis in the pleadings.

• Transfer Of Suit
• Jurisdiction Of Magistrates Court
• Discrimination Claims
• Expedited Hearing
• Transfer-of-suit
• Jurisdiction

Ochieng v DHL Supply Chain Kenya

Ochieng v DHL Supply Chain Kenya [2025] KEELRC 1312 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 270 of 2020

Judge

B Ongaya

The court dismissed an employment claim, holding the termination was fair after the claimant participated in recruitment of a cousin without disclosure.

• Unfair Termination
• Conflict Of Interest
• Employee Grading
• Discrimination Claims
• Disciplinary Process
• Remuneration Disputes

Kabura (As the Administrator of the Estate of Ishak AF) v Board of Trustees National Social Security Fund

Kabura (As the Administrator of the Estate of Ishak AF) v Board of Trustees National Social Security Fund [2025] KECA 733 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 451 of 2019

Judges

DK Musinga, F Tuiyott, GV Odunga

The Court of Appeal upheld the dismissal of an employment appeal, finding valid reasons and fair procedure over mishandling of a cheque and rejecting an unpleaded discrimination claim.

• Unfair Termination
• Procedural Fairness
• Summary Dismissal
• Disciplinary Process
• Employment Contracts
• Discrimination Claims