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…

Source excerpt

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

Nduhiu v Brookhurst International School

Nduhiu v Brookhurst International School [2025] KEELRC 675 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E025 of 2025

Judge

S Radido

The court marked the claimant’s motion as withdrawn with costs to the respondent after she withdrew her application for interim relief in an unfair termination dispute.

• Unfair Termination
• Interlocutory Injunction
• Employment Benefits
• Mental Health In Employment
• Employment-law
• Unfair-termination

Ronoh v Kenya Electricity Generating Company PLC (KENGEN) & another

Ronoh v Kenya Electricity Generating Company PLC (KENGEN) & another [2024] KEELRC 1880 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E014 of 2023

Judge

HS Wasilwa

The court found no discrimination, but held that stopping the petitioner’s salary without exhausting medical-retirement procedures violated dignity and fair labour rights.

• Constructive Dismissal
• Disability Discrimination
• Salary Withholding
• Workplace Accommodation
• Fair Labour Practices
• Mental Health In Employment

Esevwe v University of Nairobi

Esevwe v University of Nairobi [2023] KEELRC 1585 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 836 of 2018

Judge

J Rika

The court awarded the claimant salary and allowance arrears, finding he remained employed, but rejected claims for unfair labour practice, damages, and repayment of his bank loan.

• Unfair Labour Practice
• Salary Withholding
• Employee Transfer
• Mental Health In Employment
• Disciplinary Procedure
• Employment Contract Continuity

Jared Maranga Ochungo v Kenya Safari Lodges and Hotels Limited

Jared Maranga Ochungo v Kenya Safari Lodges and Hotels Limited [2021] KEELRC 1214 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 476 of 2018

Judge

L Ndolo

The court found the claimant’s summary dismissal for absenteeism unfair because the employer knew of his mental health condition and did not follow fair procedure.

• Unfair Termination
• Summary Dismissal
• Disciplinary Procedure
• Employee Rights
• Mental Health In Employment
• Unfair-termination

Charles Kipkemoi Chebii v National Hospital Insurance Fund Management Board

Charles Kipkemoi Chebii v National Hospital Insurance Fund Management Board [2021] KEELRC 1612 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1485 of 2015

Judge

AN Makau

The court found the dismissal unfair for procedural failings, despite evidence the claimant had absented himself from work. It awarded half salary, limited compensation, and a certificate of service.

• Unfair Termination
• Procedural Fairness
• Disciplinary Process
• Employee Benefits
• Mental Health In Employment
• Unfair-termination

W W W v Telkom Kenya Limited

W W W v Telkom Kenya Limited [2015] KEELRC 200 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 260 of 2014

Judge

AN Makau

The court held that the claimant’s dismissal for desertion was wrongful because his absence was medically justified, and it converted the dismissal to retirement on medical grounds.

• Wrongful Dismissal
• Retirement On Medical Grounds
• Mental Health In Employment
• Wrongful-dismissal
• Retirement-on-medical-grounds
• Mental-health-in-employment

Robert Kimutai Korir v Kenya Commercial Bank Ltd

Robert Kimutai Korir v Kenya Commercial Bank Ltd [2015] KEELRC 280 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 677 of 2013

The court held that while the employer initially had grounds to treat the claimant as absent without leave, later evidence of depression made the refusal to reconsider the dismissal unfair.

• Unfair Termination
• Summary Dismissal
• Mental Health In Employment
• Sick Leave Entitlement
• Unfair-termination
• Summary-dismissal