Kenya Case Law

Njoroge (On Her Behalf and on Behalf of 93 others) & another v Zena Roses Limited

Njoroge (On Her Behalf and on Behalf of 93 others) & another v Zena Roses Limited [2025] KEELRC 2105 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 230 of 2018

Judge

MA Onyango

The court found that while the claimants' strike was motivated by delayed salary payments—a legitimate employment concern—the procedural requirements for a protected strike under Section 76 of the Labour Relations Act were not met. Specifically, the dispute was not referred to conciliation and no seven-day written strike notice was issued. As such, the strike was unprotected, entitling the respondent to take disciplinary action under Section 80. The court further determined that the respondent complied with procedural fairness by issuing show cause letters and providing an opportunity for a d…

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• Unfair Termination
• Collective Bargaining Agreement
• Protected Strike
• Procedural Fairness
• Salary Arrears
• Union Dues

West Kenya Sugar Company Ltd & 3 others v Kenya Union of Sugar Plantation and Allied Worker

West Kenya Sugar Company Ltd & 3 others v Kenya Union of Sugar Plantation and Allied Worker [2025] KEELRC 614 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E030 of 2024

Judge

DN Nderitu

The court found that the application for an interlocutory injunction was devoid of merit because the prayers regarding the strike of October 1, 2024, were moot due to prior court orders and the return to work. Furthermore, a blanket injunction against future strikes would violate the workers' constitutional right to strike and freedom of association, and the claims of business disruption and losses are substantial issues for determination at the full hearing of the main claim, not on an interim application based on disputed facts and speculation.

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• Right To Strike
• Collective Bargaining
• Injunctive Relief
• Recognition Agreement
• Protected Strike
• Industrial Action

West Kenya Sugar Company Ltd & 3 others v Kenya Union of Sugar Plantation and Allied Worker

West Kenya Sugar Company Ltd & 3 others v Kenya Union of Sugar Plantation and Allied Worker [2025] KEELRC 615 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E030 of 2024

Judge

DN Nderitu

The court should halt internal disciplinary action taken by the employer when the legality of the underlying conduct for the disciplinary action (in this case, a strike) is the subject matter of a pending court case filed by the employer. The employer, having sought a declaration on the legality of the strike from the court, must await the court's determination before proceeding with disciplinary action related to that strike.

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• Disciplinary Procedure
• Protected Strike
• Collective Bargaining Agreement
• Interim Injunctions

Chongqing International Construction Limited v Kenya Union of Road Contractors & Civil Engineering Workers

Chongqing International Construction Limited v Kenya Union of Road Contractors & Civil Engineering Workers [2024] KEELRC 891 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E774 of 2021

Judge

MA Onyango

The court found that the Respondent, as a trade union with members among the Claimant's employees, had the right to represent its members and call a strike in furtherance of their rights, even in the absence of a Recognition Agreement. The court held that the strike notice issued on 6th September 2021 complied with statutory requirements and was not prohibited by law, making the strike protected. The Claimant's argument that the union could not agitate for members' rights or call a strike without a Recognition Agreement was rejected, as both statutory and constitutional provisions allow union…

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• Trade Union Recognition
• Protected Strike
• Union Dues Deduction
• Conciliation Process
• Collective Bargaining Rights

Ableey v Kenya Airports Authority

Ableey v Kenya Airports Authority [2024] KEELRC 1410 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E053 of 2023

Judge

M Mbarũ

The court found that the claimant's absence from work was lawful, as it was in compliance with a court order permitting unionized employees to withdraw labour as part of a protected strike. The respondent's assertion of desertion was not justified, as the claimant did not intend to abandon his employment but was exercising a right protected by law and court order. The respondent failed to demonstrate that the claimant's absence constituted desertion or that proper grounds existed for summary dismissal. The termination was therefore unfair and unlawful. The court awarded the claimant compensat…

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• Unfair Termination
• Protected Strike
• Desertion Of Duty
• Compensation For Dismissal

Republic v Egerton University & 3 others; Kibue (Interested Party); Ngari & another (Exparte Applicants)

Republic v Egerton University & 3 others; Kibue (Interested Party); Ngari & another (Exparte Applicants) [2024] KEELRC 314 (KLR)

Court

Employment and Labour Relations Court

Case number

Judicial Review Miscellaneous Application E001 of 2023

Judge

HS Wasilwa

The court found that the applicants, as union officials, had issued a lawful strike notice and their actions on 17th October 2022 were in contemplation of a protected strike set to commence on 18th October 2022. The law allows union officials to engage in conduct in furtherance of a protected strike, and disciplinary action for such conduct is prohibited under Section 79(3) of the Labour Relations Act. The court noted that the disciplinary proceedings were initiated during ongoing court-ordered conciliation and negotiations, and that the applicants were being targeted for their union activiti…

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• Trade Union Rights
• Disciplinary Proceedings
• Protected Strike
• Fair Administrative Action
• Natural Justice
• Anti Union Discrimination

Odero & 226 others v Kenya Kazi Services Limited

Odero & 226 others v Kenya Kazi Services Limited [2023] KEELRC 1953 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E497 of 2020

Judge

J Rika

The court held that the claimants took part in an unprotected strike on 28 January 2019 and upheld their summary dismissal as fair and lawful.

• Unfair Termination
• Industrial Action
• Collective Bargaining
• Disciplinary Procedure
• Protected Strike
• Essential Services

Jackson Oyugi Matoke, John Ikangu Waboro, Geoffrey Mwanza Sammy, Patrick Shiyalo Shalili, Joseph Gachigi Mwangi, James Omondi Bwire, Victor Isaboke Nyakundi, Enock Orangi, Polycarp Machupa Mkunza, Stephen Kamemba Mungai, John Mutua Wambua, Patrick Temu Kavosa, Habert Eshikobe Meja, Zachary Onsando, Evans Nyayiemi Ndege & Alex Mutuku Mulwa v Bidco Africa Limited

Jackson Oyugi Matoke, John Ikangu Waboro, Geoffrey Mwanza Sammy, Patrick Shiyalo Shalili, Joseph Gachigi Mwangi, James Omondi Bwire, Victor Isaboke Nyakundi, Enock Orangi, Polycarp Machupa Mkunza, Stephen Kamemba Mungai, John Mutua Wambua, Patrick Temu Kavosa, Habert Eshikobe Meja, Zachary Onsando, Evans Nyayiemi Ndege & Alex Mutuku Mulwa v Bidco Africa Limited [2022] KEELRC 886 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 146 of 2016

Judge

JK Gakeri

The court found that the claimants participated in an unprotected strike on 13th May 2015, having failed to comply with statutory requirements for a protected strike under the Labour Relations Act. The respondent demonstrated that it followed due process: issuing show cause letters and disciplinary hearing invitations through the claimants' advocate, to which the claimants responded but did not attend the hearings. The court held that the respondent had a valid and fair reason for dismissal (gross misconduct) and that the procedure employed met the requirements of the Employment Act, includin…

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• Unfair Termination
• Summary Dismissal
• Protected Strike
• Procedural Fairness
• Collective Bargaining
• Employee Entitlements

Erick Mutembei Mbaya v Medivet Products Limited

Erick Mutembei Mbaya v Medivet Products Limited [2021] KEELRC 17 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 630 of 2016

Judge

M Mbarũ

The court partly allowed a claim arising from a go-slow and dismissal, awarding unpaid suspension wages and confirming terminal dues, but rejecting damages and notice pay.

• Unlawful Termination
• Wage Arrears
• Disciplinary Process
• Protected Strike
• Employment Contracts
• Unlawful-termination

County Government of Kirinyaga & Kirinyaga County Service Board v Kenya Medical Practitioners, Pharmacists & Dentists Union, Kenya National Union of Nurses, Kenya Union of Clinical Officers & Kenya National Union of Medical Laboratories Officers; Cabinet Secretary, Labour and Social Protection & Salaries and Remuneration Commission (Interested Parties)

County Government of Kirinyaga & Kirinyaga County Service Board v Kenya Medical Practitioners, Pharmacists & Dentists Union, Kenya National Union of Nurses, Kenya Union of Clinical Officers & Kenya National Union of Medical Laboratories Officers; Cabinet Secretary, Labour and Social Protection & Salaries and Remuneration Commission (Interested Parties) [2020] KEELRC 72 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 17 of 2019

Judge

AN Makau

The court dismissed an application to review earlier orders and to join additional parties, holding there was no reviewable error and that contempt justified denial of audience.

• Right To Fair Hearing
• Contempt Of Court
• Review Of Court Orders
• Joinder Of Parties
• Termination Of Employment
• Protected Strike