Kenya Case Law

Gikunda & another v Muguna

Gikunda & another v Muguna [2025] KEHC 10399 (KLR)

Court

High Court

Case number

Civil Appeal E091 of 2023

Judge

HM Nyaga

The court held that a consent filed by parties does not become binding unless and until it is formally adopted as an order of the court. In this case, only Clause 1 of the consent had been adopted and was therefore binding; Clauses 2 and 3, being contested and not adopted, were not binding. On the issue of interest, the court found that interest on the general damages and costs should run from the date of the lower court's judgment and certification of costs, respectively, not from the date of the appellate judgment. The sum deposited in court ceased to accrue interest from the date of deposi…

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• Consent Orders
• Interest On Awards
• Appeal Judgments
• Costs Assessment

Wandaba & 11 others v County Government of Bungoma

Wandaba & 11 others v County Government of Bungoma [2025] KEELRC 1855 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 7 of 2017

Judge

MN Nduma

On remittal, the court clarified the arrears due to 12 claimants, fixing each claimant’s salary arrears at Kshs. 182,830 with interest and costs.

• Arrears Of Salary
• Employment Contracts
• Public Service Employment
• Interest On Awards
• Salary-arrears
• Employment-contracts

Timaflor Limited v Ndai

Timaflor Limited v Ndai [2025] KEELRC 1470 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E013 of 2023

Judge

ON Makau

The court found that the application for review was made promptly and that no appeal had been lodged, satisfying the procedural requirements for review. The court determined that the phrase 'leaving a net of Kshs. 5,712,174.37' in the original judgment was intended to reflect the balance after deducting the staff loan, not to exempt the amount from statutory deductions. The court clarified that statutory deductions are mandated by section 49(2) of the Employment Act and do not require a specific court order. Regarding interest, the court acknowledged that awarding interest from the date of fi…

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• Review Of Judgment
• Statutory Deductions
• Interest On Awards
• Unfair Termination
• Compensation
• Salary In Lieu Of Notice

Republic v Attorney General & another; Seven Seas Technologies Limited (Exparte)

Republic v Attorney General & another; Seven Seas Technologies Limited (Exparte) [2025] KEHC 5865 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E125 of 2024

Judge

RE Aburili

The court found that the ex parte applicant had established a clear legal right to enforcement of the arbitral award and decree against the Principal Secretary, Ministry of Health, and that the only available remedy was an order of mandamus. The court held that the applicant had complied with the procedural requirements under section 21 of the Government Proceedings Act by serving the Certificate of Order against the Government. However, the court determined that it lacked jurisdiction to award interest on the arbitral award, as the arbitrator had not expressly granted interest and the Arbitr…

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• Mandamus Against Government
• Enforcement Of Arbitral Awards
• Government Liability
• Public Policy On Execution
• Interest On Awards

Kenya Electricity Transmission Company Limited v Mugige (Suing as the Administratix of Samwel Mogire Orwoba – Deceased)

Kenya Electricity Transmission Company Limited v Mugige (Suing as the Administratix of Samwel Mogire Orwoba – Deceased) [2025] KEELC 3140 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E027 of 2024

Judge

M Sila

The Environment and Land Court allowed an appeal over wayleave compensation, substituting the trial court’s award with Kshs. 156,000 subject to documentation.

• Wayleave Compensation
• Valuation Of Land
• Compulsory Acquisition
• Interest On Awards
• Wayleave-compensation
• Land-valuation

Komu & 2 others v RRR Kenya Limited

Komu & 2 others v RRR Kenya Limited [2025] KEELRC 975 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E014 of 2024

Judge

Nzioki wa Makau

The court found that the Respondent breached the employment contracts by failing to pay the Claimants' salaries as required by law, entitling the Claimants to the proved outstanding salary arrears, but not general damages for breach of contract in employment as this is not provided for under Kenyan law, with compensation being the appropriate remedy under the Employment Act.

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• Salary Arrears
• Breach Of Employment Contract
• Protection Of Wages
• Interest On Awards
• General Damages
• Costs Of Suit

Deloraine Estates Limited v Shikuku

Deloraine Estates Limited v Shikuku [2025] KEELRC 342 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E020 of 2022

Judge

AN Mwaure

The court held the employee voluntarily resigned, not redundantly terminated, and set aside the trial judgment. It awarded interest on delayed terminal dues.

• Resignation
• Redundancy Procedure
• Unlawful Termination
• Burden Of Proof
• Terminal Dues
• Interest On Awards

Kenya Power & Lighting Company Limited v Ganjoni Towers Limited

Kenya Power & Lighting Company Limited v Ganjoni Towers Limited [2024] KECA 1803 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E162 of 2024

Judges

DK Musinga, KI Laibuta, GWN Macharia

The Court of Appeal found that Ganjoni Towers Limited failed to strictly prove its claim for special damages, as required by law, because it did not produce receipts or documentary evidence of actual expenditure, relying instead on professional estimates. The court held that such estimates do not meet the threshold for strict proof of special damages. On liability, the court determined that the fire was caused by illegal tapping and overloading within Ganjoni Towers' premises, for which Ganjoni Towers bore primary responsibility. However, KPLC was found 20% liable in negligence for failing to…

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• Negligence Liability
• Contributory Negligence
• Special Damages Proof
• General Damages Assessment
• Interest On Awards
• Pleadings And Particulars

Kenard Limited v Kihara

Kenard Limited v Kihara [2024] KEELC 13745 (KLR)

Court

Environment and Land Court

Case number

Miscellaneous Cause 41 of 2019

Judge

JG Kemei

The court dismissed an application to vary a decree to match an arbitral award, holding that the request departed from the adopted award and was incompetent.

• Arbitral Award Enforcement
• Variation Of Decree
• Functus Officio
• Interest On Awards
• Arbitral-award-enforcement
• Variation-of-decree

Muturi v M/S Intex Contruction Limited

Muturi v M/S Intex Contruction Limited [2024] KEELRC 13393 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Application E029 of 2024

Judge

AN Mwaure

The Employment and Labour Relations Court has jurisdiction to adopt and enforce awards made by the Director of Occupational Safety and Health under the Work Injury Benefits Act where no objection or appeal has been filed by the respondent within the statutory period. In this case, the respondent did not challenge the Director's award of Kshs. 202,292.31 within the prescribed time, nor did it file an appeal or objection as required by law. The court found that the applicant is entitled to enforcement of the award, interest at 14% per annum from the date of the award until payment in full, and…

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• Work Injury Benefits
• Enforcement Of Directors Award
• Jurisdiction Of Elrc
• Interest On Awards