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Kenya decisions
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Rambukwella v DL Koisagat Tea Estate Limited [2025] KEELRC 2086 (KLR)
The ELRC held that a consultancy label could not override the facts, found an employment relationship, and dismissed the Respondent’s jurisdictional application.
Aga Khan University Hospital v Gesore [2025] KECA 1214 (KLR)
The Court of Appeal held that the Employment and Labour Relations Court (ELRC) was properly vested with jurisdiction to determine the dispute, as the respondent's clinical privileges were directly linked to her employment and the dispute arose from the cessation of that employment. However, the court found that the respondent's clinical privileges were lawfully relinquished upon her resignation, as the governing by-laws expressly tied such privileges to full-time faculty status and did not provide for their continuation post-resignation. The court further determined that the respondent failed…
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Masibo v Amalemba & another [2025] KEELRC 1983 (KLR)
The court dismissed a preliminary objection on jurisdiction, holding that Gazette Notice No. 6024 of 2018 did not oust the Employment and Labour Relations Court’s primary jurisdiction.
Kamau v Kenya Accreditation Services (Kenas [2025] KEELRC 1961 (KLR)
The court found that the Respondent was aware of the Director's award and failed to challenge it through the statutory mechanisms of review or appeal as required under the Work Injury Benefits Act. The Respondent's attempt to contest the award's validity at the enforcement stage was rejected, as such objections should have been raised before the Director or on appeal. The court held that, notwithstanding the absence of an explicit enforcement procedure in the Work Injury Benefits Act, it has jurisdiction under the Constitution and relevant statutes to adopt and enforce the Director's award. T…
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Akinyi & another (As the Administrators of the Estate of Joel Odhiambo - Deceased) v Quale Holdings Limited t/a Guyana Guest House [2025] KEELRC 1947 (KLR)
The court held that the deceased fell within WIBA protection, upheld the DOSH assessment of Ksh 1,926,144, and awarded the claimants costs.
Kipkoech v Huawei Technologies (Kenya & 2 others [2025] KEELRC 1959 (KLR)
The ELRC granted a stay of proceedings pending an intended appeal, holding that a Notice of Appeal can ground interim relief and that the appeal raised an arguable issue.
Kenya County Government Workers' Union v Taita Taveta County Government & another [2025] KEELRC 1956 (KLR)
The court struck out an employment claim for failure to exhaust internal remedies, finding the dispute over redeployment belonged first before the PSC.
Mughal v Springtech (K) Limited & 5 others [2025] KEELRC 1937 (KLR)
The court determined that it lacks jurisdiction to adjudicate disputes concerning directorship and shareholding in a company, as these are commercial matters reserved for the High Court. However, the court found that the claimant had presented preliminary evidence (such as pay slips and statutory deductions) suggesting an employment relationship with the 1st respondent in his capacity as Managing Director. Therefore, the court retained jurisdiction over the employment dispute between the claimant and the 1st respondent, but struck out all claims relating to directorship and shareholding, as w…
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Mwobobia v Steel Structures Limited [2025] KEELRC 1907 (KLR)
The Employment and Labour Relations Court overruled a preliminary objection, holding that whether an employment relationship existed was a factual issue for trial.
Kenya County Government Workers Union v Kericho Water and Sanitation Company Limited [2025] KEELRC 1863 (KLR)
The court declined a union’s urgent bid to stop a water utility from filling vacancies after dismissals, finding no sufficient basis for interim restraint.
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