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Kenya decisions
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Muthui v Kitui Flour Mills Limited [2025] KEELRC 2114 (KLR)
The court found summary dismissal procedurally unfair but upheld the employer’s counterclaim for the admitted balance of misappropriated funds.
Kenya Engineering Workers Union v Ashut Engineering Limited [2025] KEELRC 1941 (KLR)
The court upheld summary dismissal for alleged breach of Covid-19 meeting restrictions, finding gross misconduct and fair procedure, but ordered a certificate of service.
Universe Freight Services Limited v Thiong’o [2025] KEELRC 1949 (KLR)
The court upheld unfair termination for lack of due process but also allowed the employer’s counterclaim for losses caused by unauthorized cargo transport.
Kamundia v National Cement Company Limited [2025] KEELRC 1927 (KLR)
The court found the claimant’s dismissal procedurally unfair, but denied compensation and gratuity because of gross misconduct and NSSF contributions.
Kenya Plantation and Agricultural Workers Union v Ekatera Tea Kenya Plc [2025] KEELRC 1880 (KLR)
The court upheld the fairness of a summary dismissal for alleged fertilizer theft, but ordered gratuity payment for 11 years of service.
Guya v British Army Training Unit (BATUK) Kenya [2025] KEELRC 1874 (KLR)
The court found that the respondent had established valid reasons for the summary dismissal of all claimants, based on evidence of gross misconduct involving theft or complicity in theft of the employer's property. The claimants were implicated through their own admissions, CCTV footage, and investigation reports. The court further held that the respondent followed fair procedure by issuing show cause letters, conducting disciplinary hearings, and considering appeals. The claimants failed to discharge their burden of proving unfair termination. Consequently, the dismissals were both substanti…
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Kenya Plantation & Agricultural Workers Union v Ekatera Tea Kenya [Formerly] Unilever Tea Kenya Limited [2025] KEELRC 1877 (KLR)
The court upheld the summary dismissal of a tea worker accused of stabbing a colleague, finding fair procedure and valid reason under the Employment Act.
Chaka v Corrugated Sheets Limited [2025] KEELRC 1785 (KLR)
The Employment and Labour Relations Court dismissed an appeal against summary dismissal, finding the employee had actual notice, attended the hearing, and admitted the misconduct.
Jemutai v Molo River Roses Limited [2025] KEELRC 1628 (KLR)
The court dismissed a claim for unfair termination, finding the employer had valid reason and followed fair procedure after the claimant took unauthorised leave.
Ware v G4S Kenya Ltd [2025] KEELRC 1593 (KLR)
The court dismissed an employment appeal, upholding summary dismissal for negligence after a patient escaped while the appellant was away from his assigned post.
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