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Kenya decisions
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Bob Morgan Services Limited v Mangi [2025] KEELRC 1494 (KLR)
The court allowed the appeal in part, setting aside unfair dismissal and notice pay awards but upholding the overtime award.
Wafula & another v Equator Bottlers Limited & another [2025] KEELRC 1421 (KLR)
The court found that the employment contract's clauses purporting to provide a global sum for all overtime and public holiday work were contrary to the Employment Act, which requires specific compensation for such work at statutory rates. The evidence supported the award for public holidays worked and leave arrears, but the employee failed to provide sufficient evidence for overtime and Sunday work. The dismissal was found to be fair, as due process was followed and the employee was heard at all stages. The appeal by the employee succeeded only to the extent of upholding the Magistrate's awar…
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Gathuthi Tea Factory v Kaguru [2025] KEELRC 1368 (KLR)
The appellate court found that the trial court's awards for pro-rata leave, overtime pay, and unremitted NSSF deductions were not supported by pleadings or evidence. The respondent, as a seasonal worker, failed to plead or prove the particulars of the claims for leave days, overtime hours, and unremitted NSSF contributions. Payslips and employment records indicated that all dues were paid in accordance with the CBA, and there was no evidence of unpaid entitlements. The trial court improperly shifted the burden of proof to the appellant, contrary to established legal principles. Consequently,…
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Gathuthi Tea Factory v Kamunya [2025] KEELRC 1367 (KLR)
The appellate court found that the trial court's awards for pro-rata leave, overtime pay, and unremitted NSSF deductions were not supported by pleadings or evidence. The respondent, as a seasonal worker, failed to provide particulars or proof for the claimed periods of leave, overtime, and NSSF non-remittance. Payslips and employment records indicated that the respondent was paid all dues as per the CBA, and there was no evidence to support the additional awards. The trial court improperly shifted the burden of proof to the employer. Consequently, the appellate court held that the findings an…
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Mutinda v Styroplast Limited [2025] KEELRC 1306 (KLR)
The court struck out a claim for unpaid overtime and leave, holding it was not proved and was time-barred under section 90 of the Employment Act.
Natures Limited v Makundi [2025] KEELRC 1229 (KLR)
The court found that the respondent's employment was governed by a fixed-term contract that lawfully expired on 31 December 2021. There was no evidence of redundancy or unfair termination, and thus, the awards for notice pay, severance pay, and compensation were not justified. The trial court's finding of redundancy was erroneous and set aside. The court further held that claims for leave pay are limited by statute and cannot accrue for more than 18 months, and that overtime could only be considered for the last contract period. The respondent was entitled only to leave pay for the last contr…
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Riley Falcon Security Services v Wafula [2025] KEELRC 1044 (KLR)
The court partly allowed an employment appeal, setting aside overtime and revising underpayment to Kshs.110,198.87 after finding the employee was bound by the contract.
Kigaaru v Ministry of Works Sports Club [2025] KEELRC 768 (KLR)
The Claimant is entitled to the claimed terminal dues including gratuity based on the initial calculation, accumulated leave and overtime pay, and reimbursement of loan deductions not remitted, as these were supported by the Respondent's own documentation and the Respondent failed to provide evidence to the contrary or a valid basis for reducing the calculated gratuity.
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H. Young & Company (E.A) Limited v Okoth & another [2025] KECA 466 (KLR)
The Court of Appeal upheld an award of Kshs. 942,000 for unpaid overtime, finding the employees proved overtime under the CBA and the employer failed to rebut the records.
Gyto Success Company Limited v Dalu [2025] KEELRC 587 (KLR)
A fixed-term contract is self-executing and lapses on its end date without requiring notice or justification for termination. Claims for other terminal benefits must be supported by evidence and comply with statutory requirements.
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