Kenya Case Law

Kakai v Ergerton University

Kakai v Ergerton University [2025] KEELRC 2057 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E045 of 2023

Judge

AN Mwaure

The court found that the Respondent's failure to pay the Claimant's full salary, non-remittance of pension contributions, and failure to remit loan deductions constituted fundamental breaches of the employment contract. These breaches created a hostile work environment that forced the Claimant to resign, amounting to constructive dismissal. The Claimant's attempt to rescind his resignation, though not accepted by the Respondent, was made in the context of mental health distress and ongoing breaches by the employer. The court held that the Claimant was entitled to compensation for unlawful ter…

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• Constructive Dismissal
• Unremitted Pension Contributions
• Deferred Salary
• Hostile Work Environment
• Employment Contract Breach
• Mental Health In Employment

Kiambi v Haco Tiger Brands (EA) Limited

Kiambi v Haco Tiger Brands (EA) Limited [2023] KEELRC 3399 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1059 of 2017

Judge

SC Rutto

The court found that although the claimant's suspension was irregular, it did not amount to constructive dismissal as she was exonerated and reinstated, and her resignation occurred five months after resuming duty, which was not a reasonable time to link the suspension to constructive dismissal. The claimant failed to provide sufficient evidence of a fundamental breach of her employment contract or intolerable working conditions. Her allegations of interference with her duties and exclusion from decision-making were not substantiated with clear evidence of her core responsibilities or proof o…

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• Constructive Dismissal
• Hostile Work Environment
• Unfair Termination
• Disciplinary Process
• Burden Of Proof
• Employment Contract Breach

Kinja v Kenya Red Cross Society

Kinja v Kenya Red Cross Society [2023] KEELRC 2362 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1297 of 2018

Judge

J Rika

The court found the claimant’s dismissal unfair for lack of procedure and valid reason, but declined damages for sexual harassment and hostage-taking.

• Unfair Termination
• Sexual Harassment
• Vicarious Liability
• Disciplinary Procedure
• Hostile Work Environment
• Unfair-termination

Muikamba v Radio Africa Group Limited

Muikamba v Radio Africa Group Limited [2023] KEELRC 1251 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E245 of 2021

Judge

Nzioki wa Makau

The court found that the claimant failed to establish constructive dismissal. Although there was evidence of a hostile incident involving Mr. Sinclair, the claimant did not raise formal complaints over the alleged two-year period of harassment, nor did she document her grievances during appraisals or contract renewals. When she finally complained, the respondent took prompt disciplinary action, resulting in an apology from Mr. Sinclair. The claimant retracted her resignation after expressing satisfaction with the remedial steps, but the respondent, having already accepted her resignation, off…

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• Constructive Dismissal
• Hostile Work Environment
• Unfair Termination
• Employment Contracts
• Employee Rights
• Workplace Harassment

Ombega v Nairobi Water & Sewerage Company

Ombega v Nairobi Water & Sewerage Company [2023] KEELRC 501 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 203 of 2018

Judge

J Rika

The court found that the claimant voluntarily opted for early retirement, as evidenced by his own letter, which made no reference to any hostile work environment or intolerable conditions created by the respondent. The alleged hostile acts, including threats from land-grabbers and personal grievances, were either attributable to third parties or personal matters unrelated to the employer-employee relationship. The respondent's actions, including transfers and refusal to provide financial assistance, were within its discretion and did not amount to unreasonable or repudiatory conduct. Furtherm…

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• Constructive Dismissal
• Hostile Work Environment
• Early Retirement
• Employee Benefits
• Employer Discretion
• Unjust Enrichment

Khayo v Borderless Tracking Limited

Khayo v Borderless Tracking Limited [2023] KEELRC 518 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 538 of 2019

Judge

AN Mwaure

The court found constructive dismissal after the employer failed to provide a contract after probation and did not address complaints about working conditions and statutory compliance.

• Constructive Dismissal
• Unfair Termination
• Employment Contracts
• Statutory Compliance
• Hostile Work Environment
• Constructive-dismissal

Nelson Nyoike Wainanina v Happy Cow Limited

Nelson Nyoike Wainanina v Happy Cow Limited [2022] KEELRC 463 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 281 of 2016

Judge

HS Wasilwa

The court held that the claimant resigned voluntarily and failed to prove constructive dismissal. The employment claim was dismissed with no order as to costs.

• Constructive Dismissal
• Unfair Termination
• Resignation
• Terminal Dues
• Hostile Work Environment
• Constructive-dismissal

Okiya Omtatah Okoiti v Ministry of Health,Public Service Commission,Attorney General,Hezekiah Chepkwony & Pius Wanjala

Okiya Omtatah Okoiti v Ministry of Health,Public Service Commission,Attorney General,Hezekiah Chepkwony & Pius Wanjala [2018] KEELRC 2296 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition 86 of 2017

Judge

MSA Makhandia

The court found that the replying affidavit filed by the 1st to 3rd Respondents was sworn by a person other than the one named, rendering it a false affidavit. The proper course was to expunge the affidavit from the record rather than allow its withdrawal or replacement. The court declined to grant leave to file a new affidavit, emphasizing the need to avoid tactics that delay the proportionate and expeditious determination of the Petition. The court ordered that the application for joinder of the National Quality Control Laboratory as an Interested Party should proceed to hearing without fur…

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• Disciplinary Procedure
• Joinder Of Parties
• Affidavit Evidence
• Hostile Work Environment

Josephine Kirigo Kagwanja v Waruhiu Construction Ltd

Josephine Kirigo Kagwanja v Waruhiu Construction Ltd [2016] KEELRC 95 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 185 of 2015

Judge

MSA Makhandia

The court found the employee’s resignation followed a hostile work environment and amounted to constructive dismissal, awarding commuted leave and costs.

• Constructive Dismissal
• Hostile Work Environment
• Unfair Termination
• Employment Contracts
• Annual Leave Entitlement
• Constructive-dismissal