Kenya Case Law

Mbuba v Aga Khan University

Mbuba v Aga Khan University [2025] KEELRC 1964 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 895 of 2017

Judge

NJ Abuodha

The court found that the claimant's contract of employment, as evidenced by the signed appointment letter, did in fact provide for a six-month probationary period, contrary to her assertions. The court further determined that the evaluation process was a standard requirement for confirmation of employment and that the claimant did not object to the process at the material time. The court noted that the parties had amicably resolved any contractual disputes, with the claimant serving her full contract term. As such, the court held that the claimant failed to demonstrate any stand-alone breach…

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• Constructive Dismissal
• Probationary Periods
• Breach Of Employment Contract
• Constitutional Rights In Employment
• Employee Evaluation
• Remedies For Wrongful Dismissal

Ndunyu v Choice Microfinance Bank Ltd & another

Ndunyu v Choice Microfinance Bank Ltd & another [2025] KEELRC 1156 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 1201 of 2018

Judge

B Ongaya

The court found the claimant’s termination unfair, but set off awardable compensation against admitted liabilities and counterclaim sums, leaving a net payment by the respondent.

• Unfair Termination
• Disciplinary Procedure
• Probationary Periods
• Remedies For Wrongful Dismissal
• Employment Contracts
• Counterclaims In Employment

King'ori & another v Bandari Savings & Credit Co-operative Society Limited

King'ori & another v Bandari Savings & Credit Co-operative Society Limited [2025] KEELRC 267 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 531 of 2017

Judge

AK Nzei

The termination of the Claimants' employment was substantively and procedurally unfair because the Respondent failed to prove a valid reason for the dismissal and failed to adhere to the mandatory procedural requirements of Section 41 of the Employment Act, thus entitling the Claimants to notice pay and compensation for unfair termination.

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• Unfair Termination
• Summary Dismissal
• Probationary Periods
• Procedural Fairness
• Compensation For Termination
• Employment Contracts

Oduor v Getrudes Children Hospital

Oduor v Getrudes Children Hospital [2024] KEELRC 2426 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E6553 of 2020

Judge

AN Mwaure

The court found that the claimant's probationary period expired on 4th February 2020, and there was no documentary evidence or formal communication from the respondent extending the probation. In the absence of such evidence, the claimant was deemed to have transitioned to permanent employment. The respondent failed to provide a valid reason for termination and did not follow the mandatory procedure under the Employment Act, including providing notice and conducting a fair disciplinary process. The court held that the termination was unlawful and the claimant was entitled to compensation as s…

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• Unlawful Termination
• Probationary Periods
• Notice Periods
• Compensation For Termination

Ndalo v Consolidated Bank of Kenya Limited

Ndalo v Consolidated Bank of Kenya Limited [2024] KEELRC 2221 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E292 of 2024

Judge

BOM Manani

The court granted a conservatory order preserving the Chief Commercial Officer post pending trial, but declined to suspend the termination letter or order reinstatement.

• Termination Of Employment
• Probationary Periods
• Conservatory Orders
• Reinstatement
• Fair Administrative Action
• Employment-termination

Kandiyal v Canaan Factories Company Limited

Kandiyal v Canaan Factories Company Limited [2024] KEELRC 1819 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 6530 of 2020

Judge

SC Rutto

The court found that the Respondent failed to prove that the Claimant was issued with KPIs, subjected to any performance evaluation, or given a fair hearing prior to termination. There was no evidence of a written termination letter or that the Claimant was on a valid probationary period as alleged by the Respondent. The Respondent did not take reasonable steps to ascertain the Claimant's whereabouts upon alleged desertion. The court held that the termination was both substantively and procedurally unfair and unlawful under Sections 41, 43, and 45 of the Employment Act. The Claimant was not u…

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• Unfair Termination
• Procedural Fairness
• Probationary Periods
• Compensatory Damages

Mohumed v Wajir County Assembly Service Board

Mohumed v Wajir County Assembly Service Board [2024] KEELRC 1813 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E094 of 2023

Judge

BOM Manani

The court found that the Employment and Labour Relations Court had jurisdiction to hear the matter, as the conferral of jurisdiction on Magistrates’ Courts for lower salary disputes does not oust the ELRC’s original jurisdiction. The Respondent’s objection based on exhaustion of alternative dispute resolution mechanisms failed because it was not raised at the commencement of the trial, amounting to acquiescence. On the merits, the Claimant established that her employment was constructively confirmed after the probationary period and that her termination was effected without notice, reason, or…

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• Unfair Termination
• Reinstatement
• Public Service Employment
• Probationary Periods
• Jurisdiction Of Elrc
• Exhaustion Of Remedies

Omondi v Danish Refugee Council

Omondi v Danish Refugee Council [2024] KEELRC 1166 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E147 of 2023

Judge

SC Rutto

The court found that the Claimant was effectively terminated on 19th October 2022, as evidenced by contemporaneous emails referring to her 'departure' and the requirement to hand over company assets. The Respondent failed to provide evidence of a documented probationary review or valid performance evaluation justifying termination. The subsequent notice to show cause was deemed a mere formality, as the decision to terminate had already been made. The Respondent did not discharge its statutory burden under Sections 43 and 45 of the Employment Act to prove a valid and fair reason for terminatio…

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• Unfair Termination
• Fixed Term Contracts
• Probationary Periods
• Procedural Fairness
• Compensatory Damages
• Employment Benefits

Mulu v Dodla Dairy (K) Limited

Mulu v Dodla Dairy (K) Limited [2023] KEELRC 2140 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 729 of 2018

Judge

Nzioki wa Makau

The court found that the respondent failed to comply with statutory requirements under the Employment Act, specifically sections 41 and 42, by not providing the claimant with a fair hearing or valid reasons for termination. The purported extension of the probationary period was not agreed upon by the claimant and was therefore invalid. The claimant was deemed to have been confirmed as a permanent employee by operation of law upon expiry of the initial probation period. The respondent's failure to follow due process rendered the termination unfair and unlawful. The court also found that the cl…

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• Unfair Termination
• Probationary Periods
• Disciplinary Procedure
• Remedies For Unlawful Dismissal
• Counterclaim For Loss
• Employment Contracts

Jalango v Hungama Bar and Restaurant Ltd Club Hynotica

Jalango v Hungama Bar and Restaurant Ltd Club Hynotica [2022] KEELRC 13485 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 2278 of 2017

Judge

AN Mwaure

The court held that the claimant was on a fixed six-month contract, not probation, and that his termination was unfair and unlawful for lack of valid reason and hearing.

• Unfair Termination
• Fixed Term Contracts
• Probationary Periods
• Procedural Fairness
• Remedies For Wrongful Termination
• Unfair-termination