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Kenya decisions
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Junction Forex Bureau Limited v Rafique [2025] KEELRC 2136 (KLR)
The court awarded the employer KES 16.5 million after finding the employee misappropriated funds, breached employment duties, and was unjustly enriched.
Flodida Construction Machinery Limited v Wanyonyi [2025] KEELRC 1695 (KLR)
The court found that the applicant had established a prima facie case for the production of the requested Mpesa statements, as the information sought was specific, relevant, and necessary for the fair determination of the dispute. The respondent's right to privacy, while protected under Article 31 of the Constitution, is not absolute and may be lawfully limited where the information is required for the establishment or defence of a legal claim, as provided under the Data Protection Act. The respondent failed to deny ownership of the subject mobile numbers or to demonstrate how his privacy wou…
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Muthui v Kitui Flour Mills Limited [2024] KEELRC 2808 (KLR)
The court declined a preliminary objection that a counterclaim was time-barred, holding that limitation and discovery of fraud required evidence.
Ignazio Messina (K) Limited v Mudira & another [2024] KEHC 11029 (KLR)
The High Court entered judgment for the plaintiff against two former employees for USD 284,957, with interest from 1 January 2014 and costs.
Inuka Africa v Iguanya [2024] KEHC 10427 (KLR)
The High Court dismissed an appeal over a loan dispute, holding that the respondent proved repayment through the lender’s field officer and that the employer bore the loss from employee fraud.
Nyamu v Kenya Electricity Generating Company Limited [2023] KEELRC 2672 (KLR)
The court found the employer failed to prove fraud or another valid reason for summary dismissal, and awarded the claimant four months’ salary as compensation.
Junction Forex Bureau Limited v Rafigue [2023] KEELRC 599 (KLR)
The court found that the applicant had established a prima facie case that the respondent, a former employee, misappropriated KES 16,500,000 and was dissipating assets, specifically funds and shares held with FX EGM Security Limited. The respondent did not adequately rebut the evidence of trading and asset dissipation, and the court was persuaded that there was a real risk that the assets would be dissipated, rendering any future judgment nugatory. However, the court found no cogent evidence to support an order for attachment before judgment or for security, as the applicant failed to identif…
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Yatch v Kenya Commercial Bank [2022] KEELRC 1706 (KLR)
The court dismissed an unfair termination claim, finding the employer had a valid reason and followed a fair process after fraud allegations against the employee.
Samuel Kahiri Karanja v Barclays Bank of Kenya [2020] KEHC 392 (KLR)
The court found that the plaintiff was the sole authorized operator of his accounts and that the disputed withdrawals were made while he was physically unable to be present at the bank, as evidenced by his medical appointments. The defendant's own investigation confirmed that the plaintiff's signature had been forged and that its employee was implicated in the fraudulent withdrawals. The court held that the defendant bank owed a duty of care to the plaintiff to protect his funds from unauthorized withdrawals and failed in this duty by allowing its employee to perpetrate the fraud. The defenda…
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Amos Kitavi Kivite v Kenya Revenue Authority [2020] KEELRC 457 (KLR)
The court upheld the dismissal of a KRA employee for fraudulent medical refund claims, finding fair procedure and a valid reason under the Employment Act.
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