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Kenya Case Law

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Employment And Labour [2024] KEELRC 2345 (KLR)

Muthoni v Barium Capital Limited & another

Muthoni v Barium Capital Limited & another [2024] KEELRC 2345 (KLR)

Court
Employment and Labour Relations Court
Case number
Cause E199 of 2022
Judge
JK Gakeri

The court found that although the 1st respondent was the formal employer, the 2nd respondent exercised significant operational and administrative control, blurring the distinction between the two entities. The redundancy process failed to comply with mandatory statutory requirements, including proper notification to the claimant and the labour officer, and lacked substantive justification. The evidence showed that the redundancy was orchestrated by the 2nd respondent and not genuinely based on operational needs. Consequently, the termination was unfair, unlawful, and in breach of the claimant…

Source excerpt

  • Unfair Termination
  • Redundancy Procedure
  • Group Company Liability
  • Employment Contracts
  • Severance Pay
  • Fair Labour Practices
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Employment And Labour [2024] KEELRC 2099 (KLR)

Namachanja v Jaldesa & another

Namachanja v Jaldesa & another [2024] KEELRC 2099 (KLR)

Court
Employment and Labour Relations Court
Case number
Cause E749 of 2023
Judge
J Rika

The court held that, in employment law, the focus is on the substance of the employment relationship rather than the strict legal separateness of group companies. The Claimant demonstrated that his recruitment, management, and termination were all controlled by the 2nd Respondent's group structure in Kenya, and the employment relationship was with the broader KCB business formation. The doctrine of corporate separateness does not shield group entities from employment claims where the group acts as the employer in substance. The court found that the 2nd Respondent was properly joined and that…

Source excerpt

  • Employer Definition
  • Corporate Veil
  • Group Company Liability
  • Unfair Termination
  • Joinder Of Parties
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Employment And Labour [2017] KEELRC 1255 (KLR)

Pooroosotum P Bheekhoo v Linksoft Group Limited & Linksoft Communications Systems Limited

Pooroosotum P Bheekhoo v Linksoft Group Limited & Linksoft Communications Systems Limited [2017] KEELRC 1255 (KLR)

Court
Employment and Labour Relations Court
Case number
Cause 1232 of 2016
Judge
M Mbarũ

The court found that the objector failed to discharge the burden of proof required in objection proceedings. Despite being a separate legal entity, the objector did not demonstrate a legal or equitable interest in the attached property sufficient to prevent execution. The evidence showed that the respondent and objector, along with other group companies, shared resources, offices, and management, and that payments to the claimant were made interchangeably by these entities. The LPOs and other documents submitted by the objector were inconsistent and did not conclusively establish ownership of…

Source excerpt

  • Execution Of Judgment
  • Objection Proceedings
  • Group Company Liability
  • Burden Of Proof
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.