The court found the claimant’s dismissal procedurally unfair, but denied compensation and gratuity because of gross misconduct and NSSF contributions.
The court found that the respondent was not constructively dismissed. Upon serving his suspension and responding to the notice to show cause, the respondent was reinstated to work. The employer had fulfilled its obligations by allowing the respondent to resume duty, and any ongoing police investigation was outside the employer's control. The respondent's perception of being treated as a thief and the resulting psychological distress were not attributable to the employer's conduct but were subjective. The court held that the trial court's finding of constructive dismissal was unfounded, and th…
Kimanzi & 2 others (Suing on their own Behalf and on Behalf and Representatives of 32 other Claimants) v Kalu Works Limited [2025] KEELRC 1059 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E423 of 2024
Judge
S Radido
The court dismissed a preliminary objection, holding that the respondent could not rely on insolvency protections after administration ended and that the claim was not shown to be res judicata.
Kithinji v Jamii Co-operative Savings & Credit Society Ltd [2025] KEELRC 648 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause 707 of 2017
Judge
JW Keli
The court allowed the review application, finding that the trial court's failure to consider the claims for gratuity and untaken leave constituted an error apparent on the face of the record. However, upon review, the court dismissed the claims for gratuity and leave allowance because the Claimant failed to prove an entitlement to gratuity under a contract of employment and failed to plead the claim for untaken leave with sufficient specificity or adduce evidence to discharge the burden of proof.
P J Petroleum Equipment Ltd v Agina [2024] KEELRC 1091 (KLR)
Court
Employment and Labour Relations Court
Case number
Appeal E041 of 2022
Judge
S Radido
Employment appeal partly allowed. The court reduced compensation for unfair termination, upheld accrued leave only in part, and set aside separate awards for house allowance and gratuity.
Krharah v Boskovic Air Chambers Limited [2024] KEELRC 1163 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E110 of 2023
Judge
DKN Marete
The court dismissed a preliminary objection that the employment claim was time barred, holding that the limitation period ran from the later benefits payment date, not termination.
Njiru v Nawiri Sacco Society Limited [2024] KEELRC 770 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E275 of 2021
Judge
MA Onyango
The Employment and Labour Relations Court dismissed a former employee’s claim for terminal dues and held that SACCO shares and dividends disputes belonged before the Cooperatives Tribunal.
Muga & 2 others v Sinohydro Corporation Ltd [2023] KEELRC 2353 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause 49 of 2019
Judge
CN Baari
The court struck out an employment claim for terminal benefits, holding it was filed outside the three-year limitation period under section 90 of the Employment Act.
The court found that the claimant was suspended to allow for investigations into financial irregularities and was given an opportunity to respond to the audit findings. The claimant admitted to a shortfall in funds and offered to repay part of the loss. Before the disciplinary process could be concluded or a show cause notice issued, the claimant voluntarily resigned. The court held that the resignation was lawful and not a result of constructive dismissal, as the respondent had not made the working environment intolerable to the extent required by law. The resignation precluded claims for un…