Kenya Case Law

Universities Academic Staff Union (UASU) & another v Moi University & 2 others

Universities Academic Staff Union (UASU) & another v Moi University & 2 others [2025] KEELRC 2121 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E018 of 2025

Judge

MA Onyango

The court found that although Moi University had valid reasons to consider redundancy due to financial constraints and reduced student numbers, the process undertaken was fundamentally flawed. The Respondents failed to comply with section 40(1) of the Employment Act by not providing proper notice to the labour officer, omitting the extent and timelines of the intended redundancy, and failing to supply unions with necessary information for meaningful consultation. The selection criteria developed by PKF were not agreed upon with the unions, were not transparently applied within comparable clas…

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• Redundancy Procedure
• Collective Bargaining Agreements
• Consultation Requirements
• Selection Criteria
• Fair Labour Practices
• Termination Of Employment

Judicial Service Commission v Gichuki & 37 others

Judicial Service Commission v Gichuki & 37 others [2025] KECA 1220 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 58 of 2019

Judges

JM Mativo, PM Gachoka, GV Odunga

The Court of Appeal held that the 1st to 21st respondents’ contracts were open-ended, that later changes to allowances were unilaterally imposed, and dismissed the appeal and cross-appeal.

• Employment Contracts
• Variation Of Contract
• Fixed Term Employment
• Legitimate Expectation
• Remuneration And Allowances
• Fair Labour Practices

Ngunju & 16 others v Kenya Forest Service & another

Ngunju & 16 others v Kenya Forest Service & another [2025] KEELRC 2058 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E003 of 2024

Judge

ON Makau

The court held that Kenya Forest Service breached its HR policy by advertising Inspector Cadet posts externally without proving internal recruitment was first exhausted.

• Fair Labour Practices
• Internal Recruitment Procedures
• Discrimination
• Fair Administrative Action
• Fair-labour-practices
• Internal-recruitment

Osimbo v Registrar of Trade Unions & another

Osimbo v Registrar of Trade Unions & another [2025] KEELRC 2081 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E001 of 2024

Judge

MA Onyango

The court dismissed a petition seeking to compel action on a proposed trade union, holding the matter was premature because the statutory registration process was not yet complete.

• Trade Union Registration
• Freedom Of Association
• Fair Labour Practices
• Trade-union-registration
• Freedom-of-association
• Fair-labour-practices

PKJ v Attorney General & 3 others

PKJ v Attorney General & 3 others [2025] KEELRC 2083 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E028 of 2022

Judge

MA Onyango

The court found that the Petitioner’s constitutional rights under Articles 27, 28, 29, 41, and 47 were violated by the 2nd and 3rd Respondents when he was dismissed from the KDF recruitment process solely on account of his HIV status. The court held that such dismissal constituted direct discrimination, was degrading and humiliating, and failed to meet the standards of fair labour practices and fair administrative action. However, as the Petitioner was not yet a formal employee, reinstatement was not available. The court recognized that the Petitioner had already been awarded compensation by…

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• Discrimination On Health Status
• Hiv Aids In Employment
• Fair Labour Practices
• Administrative Action
• Military Recruitment
• Human Dignity

Gurcha v Speaker - County Assembly of Isiolo & another

Gurcha v Speaker - County Assembly of Isiolo & another [2025] KEELRC 1925 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Constitutional Petition E010 of 2025

Judge

ON Makau

The court found that the compulsory leave imposed on the petitioner was unlawful and procedurally improper because the County Assembly Services Act does not provide for compulsory leave, only for suspension or removal by resolution of the Board. The 1st respondent, acting alone, lacked legal mandate to discipline the Clerk without a Board resolution. The respondents admitted no such resolution was passed. The court distinguished authorities cited by the respondents, noting those cases involved Board-sanctioned action, not unilateral acts. The absence of regulations or HR policy authorizing co…

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• Disciplinary Processes
• Public Officer Protection
• Fair Labour Practices
• Constitutional Rights
• County Government Employment
• Procedural Fairness

Sikuku v Kenya National Trading Corporation (KNTC)

Sikuku v Kenya National Trading Corporation (KNTC) [2025] KEELRC 2014 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E203 of 2024

Judge

HS Wasilwa

The court found that the petitioner was initially served with a show cause letter citing three specific charges, to which he responded. However, the letter of summary dismissal cited ten grounds, most of which were never presented to the petitioner prior to dismissal. The respondent failed to produce minutes or evidence showing that the petitioner was put to task over the additional charges during the disciplinary hearing. The introduction of new allegations at the point of dismissal, without affording the petitioner an opportunity to respond, constituted a violation of the right to fair hear…

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• Unfair Dismissal
• Disciplinary Procedure
• Fair Labour Practices
• Constitutional Rights In Employment
• Procedural Fairness
• Exhaustion Of Remedies

Waruhiu v Directline Assurance Company Ltd

Waruhiu v Directline Assurance Company Ltd [2025] KEELRC 1940 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E1057 of 2024

Judge

BOM Manani

The court held that while the Respondent, as employer, has the managerial prerogative to send the Claimant on compulsory leave for purposes of investigation—even in the absence of explicit statutory or contractual provision—such prerogative must be exercised in accordance with the law and the Respondent's internal policies. The court found that the disciplinary process initiated against the Claimant was flawed because the Respondent failed to provide her with a second opportunity to respond to the show cause letter as required by its Human Resource Manual and improperly constituted its Board,…

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• Disciplinary Procedure
• Compulsory Leave
• Constructive Dismissal
• Fair Labour Practices
• Access To Information
• Managerial Prerogative

Wachira v Commercial International Bank Kenya Limited

Wachira v Commercial International Bank Kenya Limited [2025] KEELRC 1706 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E204 of 2024

Judge

HS Wasilwa

The court dismissed a preliminary objection, holding that alleged constitutional violations in the employment dispute could not be resolved without evidence at trial.

• Constructive Dismissal
• Constitutional Avoidance
• Fair Labour Practices
• Jurisdiction Of Elrc
• Preliminary Objection
• Right To Fair Hearing

Kenya Union of Clinical Officers v County Government of Vihiga & another

Kenya Union of Clinical Officers v County Government of Vihiga & another [2025] KEELRC 1673 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E003 of 2025

Judge

DN Nderitu

The court restrained disciplinary action against striking clinical officers, but held the employer was not obliged to pay salaries during the strike pending the petition.

• Strike Rights
• Fair Labour Practices
• Disciplinary Action
• Salary Withholding
• Collective Bargaining Agreements
• Strike-rights