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Kenya decisions
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Mbogo v Harley’s Limited [2025] KEELRC 2147 (KLR)
The court found the claimant’s dismissal was not redundancy, but it was procedurally unfair because the employer did not conduct a proper section 41 hearing.
Adeojo v Kenya Kazi Limited [2025] KEELRC 2150 (KLR)
The court found that the respondent had made a clear, unchallenged offer to pay the claimant specific terminal dues (payment in lieu of notice and leave not taken) as evidenced by the draft separation agreement and written offer. The respondent's subsequent refusal to pay these sums, solely because the claimant sought additional relief, was unjustified. The court held that, in the interests of fairness and given the undisputed nature of these items, the claimant was entitled to interim payment of the agreed sums pending full hearing of the suit. The respondent's application to strike out docu…
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Obobo v Marsyetu Limited [2025] KEELRC 2104 (KLR)
An unopposed employment judgment found that salary arrears and redundancy termination without statutory procedure amounted to unfair termination.
Muthui v Kitui Flour Mills Limited [2025] KEELRC 2114 (KLR)
The court found summary dismissal procedurally unfair but upheld the employer’s counterclaim for the admitted balance of misappropriated funds.
Ngugi & 16 others v Safaricom PLC [2025] KEELRC 2130 (KLR)
The ELRC reviewed its earlier judgment and corrected the gross salaries used to compute notice pay and compensation for the claimants, except the 2nd claimant.
Mwatsupha v BOM Kaya Twi Secondary School [2025] KEELRC 2124 (KLR)
The court found the claimant’s termination unfair for want of due process and valid reason, and awarded compensation, notice pay, gratuity, costs, and a certificate of service.
Kenya Union of Commercial, Food and Allied Workers v Equitorial Nut Processors Limited [2025] KEELRC 2059 (KLR)
The court found constructive dismissal where workers were placed on indefinite unpaid leave, and awarded notice pay, compensation, and certificates of service.
Vishva Builders Limited v Wekulo [2025] KEELRC 2077 (KLR)
The court found no proof of unfair termination, but awarded the respondent two months’ pay in lieu of notice and ordered a certificate of service.
Kayu Cleaning Services Limited v Ongoche [2025] KEELRC 2040 (KLR)
The court upheld a finding of unfair termination, but reduced compensation from 12 months to 3 months’ salary and retained notice pay and underpayment awards.
Hesbon v Omaera Pharmaceuticals Limited [2025] KEELRC 2037 (KLR)
The court found that the respondent failed to prove a valid reason for the claimant's termination, as there was no evidence of theft or absconding, and no procedural fairness was observed. The employer did not issue a show cause letter, conduct an investigation, or make reasonable efforts to contact the claimant before replacing him. The respondent's assertion of absconding was unsupported by evidence of communication or attempts to reach the claimant. The court held that the termination was both substantively and procedurally unfair under Sections 41, 43, and 45 of the Employment Act. The cl…
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