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Kenya decisions
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Republic v County Public Service Board Kiambu & 8 others; Nene (Exparte) [2025] KEELRC 723 (KLR)
The Employment and Labour Relations Court dismissed a judicial review challenge to an interdiction and audit-based disciplinary process against a county officer.
Gatheru & another v County Government of Tharaka Nithi & 5 others [2024] KEELRC 595 (KLR)
The court found that the claimants were entitled to half salary, allowances, and reinstatement with full benefits after acquittal, as the employer failed to pay them during interdiction and did not lift the interdiction post-acquittal. The court held that acquittal in criminal proceedings does not preclude the employer from initiating internal disciplinary proceedings, as the two processes are distinct and governed by different standards of proof. However, the respondents failed to prove their counterclaim for loss due to ghost workers, as there was no conclusive evidence that the claimants a…
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Acting Chief Executive Officer Kenya Medical Supplies Authority & another v Simiyu [2023] KECA 1437 (KLR)
The Court found that while the applicants raised an arguable point regarding the interpretation of the KEMSA Human Resource and Administration Policies and Procedures Manual, they failed to demonstrate how the respondent's reinstatement would compromise the integrity of internal investigations or render the appeal nugatory. The applicants did not provide evidence that investigative processes were ongoing or that the respondent could interfere with them. As both limbs required for the grant of stay under rule 5(2)(b) were not satisfied, the application for stay of execution and proceedings was…
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Kutto v County Government of Uasin Gishu & another [2023] KEELRC 2580 (KLR)
The court found that the delay in communicating the outcome of the disciplinary hearing was justified due to the disruptions caused by the Covid-19 pandemic and the need for thorough investigation. The Claimant was not exonerated but was found culpable and punished with a final warning, which constitutes a form of punishment under employment law. As such, she was not entitled to restoration of the withheld salary during her interdiction. The claim for the 'corona allowance' was dismissed for lack of evidence, as the Claimant failed to prove its existence or her entitlement to it. Consequently…
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Wanyama v South Nyanza Sugar Company Ltd [2023] KECA 609 (KLR)
The Court of Appeal dismissed an employment appeal, holding the claim was filed prematurely, the amended claim was properly disregarded for non-service, and the appellant failed to prove his case.
Rukaria v National Police Service & 3 others [2023] KEELRC 1389 (KLR)
The court found that the petition was fundamentally an employment dispute, not a constitutional matter, and was brought as a constitutional petition solely to circumvent statutory limitation periods. The petitioner failed to pursue available statutory remedies within the prescribed time limits and instead attempted to revive a stale claim through constitutional litigation. The court held that limitation of actions goes to jurisdiction, and a time-barred suit is incompetent and must be struck out. The court further held that the principle of constitutional avoidance applies, and constitutional…
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Wekesa v Multimedia University of Kenya [2022] KEELRC 1507 (KLR)
The court found that the respondent unilaterally discontinued the claimant's responsibility, entertainment, and airtime allowances without consulting him as required by Section 10(5) of the Employment Act. The respondent failed to produce employment records or a letter of appointment to clarify the basis for the allowances or the terms of the claimant's administrative role. The court held that while the employer has managerial prerogative, any variation of essential terms of employment must involve consultation with the employee. The court declined to restore the allowances permanently due to…
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Awiti v County Assembly Service Board, Homa Bay & 2 others [2022] KEELRC 99 (KLR)
The court lifted a county assembly employee’s interdiction after finding delays and missing disciplinary steps violated fair administrative action and fair labour practices.
Ojako v County Assembly Service Board, Homa Bay & 2 others [2022] KEELRC 1174 (KLR)
The court lifted a county assembly officer’s interdiction, finding disciplinary processes were delayed and required committees were not properly used.
Awino v Prosecution [2022] KEELRC 43 (KLR)
The court dismissed a petition challenging a prosecutor’s interdiction, holding that the disciplinary process was still ongoing and the reliefs sought were premature.
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