Kenya Case Law

Kenya Private Universities Workers Union v United States International University – Africa

Kenya Private Universities Workers Union v United States International University – Africa [2025] KEELRC 2157 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E594 of 2020

Judge

B Ongaya

The court dismissed a union claim over redundancy, salary cuts, and alleged consent breaches, finding the COVID-19 redundancy process lawful and the union had standing to sue.

• Redundancy Procedure
• Trade Union Representation
• Covid19 Employment Measures
• Severance Pay
• Locus Standi
• Collective Bargaining

Adeojo v Kenya Kazi Limited

Adeojo v Kenya Kazi Limited [2025] KEELRC 2150 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E205 of 2025

Judge

AK Nzei

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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• Unfair Termination
• Redundancy Procedure
• Severance Pay
• Notice Pay
• Admissibility Of Evidence

Tamarindi Management Limited v Gatheru

Tamarindi Management Limited v Gatheru [2025] KEELRC 2110 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E021 of 2023

Judge

ON Makau

The court held the termination was redundancy, not frustration, after a Covid-19-related business reduction. It upheld most awards but set aside compensation for unfair termination.

• Redundancy Procedure
• Unlawful Termination
• Frustration Of Contract
• Severance Pay
• House Allowance
• Compensation For Unfair Termination

Obobo v Marsyetu Limited

Obobo v Marsyetu Limited [2025] KEELRC 2104 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 132 of 2024

Judge

M Mbarũ

An unopposed employment judgment found that salary arrears and redundancy termination without statutory procedure amounted to unfair termination.

• Unlawful Termination
• Redundancy Procedure
• Salary Arrears
• Notice Pay
• Severance Pay
• Unfair-termination

Frigoken Limited v Musotsi

Frigoken Limited v Musotsi [2025] KEELRC 2119 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E021 of 2024

Judge

ON Makau

The court found that the respondent's termination was indeed on account of redundancy, as evidenced by the employer's own admissions and the circumstances of low plantings and low season, which were not attributable to the respondent's conduct. However, the court held that the respondent had voluntarily signed two settlement agreements acknowledging full and final settlement of all employment dues and waiving any further claims. There was no evidence of misrepresentation, duress, or incapacity in the execution of these agreements. In line with established legal principles and binding preceden…

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• Unlawful Termination
• Redundancy Procedure
• Settlement Agreements
• Compensatory Damages

Universities Academic Staff Union (UASU) & another v Moi University & 2 others

Universities Academic Staff Union (UASU) & another v Moi University & 2 others [2025] KEELRC 2121 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E018 of 2025

Judge

MA Onyango

The court found that although Moi University had valid reasons to consider redundancy due to financial constraints and reduced student numbers, the process undertaken was fundamentally flawed. The Respondents failed to comply with section 40(1) of the Employment Act by not providing proper notice to the labour officer, omitting the extent and timelines of the intended redundancy, and failing to supply unions with necessary information for meaningful consultation. The selection criteria developed by PKF were not agreed upon with the unions, were not transparently applied within comparable clas…

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• Redundancy Procedure
• Collective Bargaining Agreements
• Consultation Requirements
• Selection Criteria
• Fair Labour Practices
• Termination Of Employment

Gachoki v Church World Service, Rsc Africa

Gachoki v Church World Service, Rsc Africa [2025] KEELRC 2061 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E111 of 2024

Judge

MN Nduma

The court dismissed a constitutional petition challenging an ongoing redundancy process, finding it was filed prematurely and that the petitioner had received terminal dues.

• Redundancy Procedure
• Unfair Termination
• Constitutional Rights At Work
• Employment Contracts
• Redundancy-procedure
• Unfair-termination

Muthumbi v Track and Trace Limited

Muthumbi v Track and Trace Limited [2025] KEELRC 2036 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E048 of 2022

Judge

JW Keli

The court upheld redundancy as a valid reason but found the procedure flawed for lack of proper notice under section 40. The claimant received one month’s salary and costs.

• Redundancy Procedure
• Unfair Termination
• Procedural Fairness
• Terminal Dues
• Compensation For Unfair Termination
• Redundancy-procedure

Kyao & 111 others v Devki Steel Mills Limited

Kyao & 111 others v Devki Steel Mills Limited [2025] KEELRC 1985 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 1324 of 2018

Judge

HS Wasilwa

The court found that the effective date of termination was 20th December 2016, following the dismissal of the union's suit and cessation of employment, making the claim filed on 18th December 2018 within the statutory limitation period. The court determined that the applicable CBA was the one registered on 15th August 2012, which governed redundancy payments. The respondent failed to provide sufficient evidence of payment of redundancy/severance pay and notice pay to the claimants. The court held that the claimants were entitled to redundancy/severance pay as per the 2012 CBA, and directed th…

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• Redundancy Procedure
• Collective Bargaining Agreements
• Severance Pay
• Notice Pay
• Unfair Termination
• Certificate Of Service

Nyawanga v Kenya Plantation & Agricultural Workers Union

Nyawanga v Kenya Plantation & Agricultural Workers Union [2025] KEELRC 1982 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E007 of 2024

Judge

MA Onyango

The court found that while the respondent had a valid substantive reason for terminating the claimant's employment—namely, the failure to meet the minimum membership required for sustaining the branch office—the respondent failed to comply with the mandatory procedural requirements for redundancy under Section 40 of the Employment Act. The notice given to the claimant did not meet statutory standards, and the redundancy process was not properly executed. As a result, the termination was declared unprocedural and unlawful. The claimant was awarded severance pay for the period worked, payment i…

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• Redundancy Procedure
• Unlawful Termination
• Severance Pay
• Acting Allowance
• Notice Requirements