Kenya Case Law

Roadtainers (Msa) Ltd v Munuve

Roadtainers (Msa) Ltd v Munuve [2025] KECA 1302 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E116 of 2022

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal found that while the respondent was terminated on health grounds following a road accident, the appellant made reasonable efforts to consider redeployment and held a meeting with the respondent, his wife, and a colleague to discuss separation. The respondent signed a discharge voucher confirming receipt of all dues and waiving further claims, and there was no evidence of coercion, fraud, or lack of capacity at the time of signing. The court held that the discharge voucher was voluntarily executed and thus barred further claims for compensation. The appellant was not obliga…

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• Unfair Termination
• Discharge Voucher
• Procedural Fairness
• Employee Incapacity
• Remedies For Termination

Mumali v Blink Studio Limited

Mumali v Blink Studio Limited [2025] KEELRC 2112 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E080 of 2022

Judge

B Ongaya

The court found that the claimant breached his employment contract by failing to attend mandatory trainings, failing to report to work as required, and breaching confidentiality obligations. The evidence established that the claimant absconded duty and had no intention of returning to work, amounting to desertion as defined in law and the employment contract. The respondent's issuance of a termination letter was deemed acceptance of the claimant's repudiation of the contract. The court held that the termination was not unfair or unlawful, as the respondent followed fair procedure and had vali…

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• Unfair Termination
• Summary Dismissal
• Desertion Of Duty
• Confidentiality Breach
• Remedies For Termination
• Counterclaim For Property

Onyango v KCB Football Club

Onyango v KCB Football Club [2025] KEELRC 2006 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E828 of 2022

Judge

HS Wasilwa

The court found that the claimant was not afforded procedural fairness as required by section 41 of the Employment Act, 2007. The respondent admitted that no notice to show cause or fair disciplinary hearing was given prior to termination, and the claimant was not issued with a certificate of service. The court held that the respondent failed to prove valid reasons for dismissal as required by section 43 of the Act. The evidence showed that the claimant was terminated before the season ended, without being subjected to the contractually mandated quarterly reviews or a fair hearing. The court…

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• Unfair Termination
• Procedural Fairness
• Substantive Justification
• Employment Contracts
• Disciplinary Process
• Remedies For Termination

Kahindi v Pioneer Vision Group Africa Ltd

Kahindi v Pioneer Vision Group Africa Ltd [2025] KEELRC 1965 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E177 of 2023

Judge

NJ Abuodha

The Employment and Labour Relations Court dismissed an appeal challenging a finding that the appellant had not been unfairly terminated, but had been sent on compulsory leave and failed to return.

• Unfair Termination
• Burden Of Proof
• Compulsory Leave
• Employee Dismissal
• Remedies For Termination
• Unfair-termination

Cheptoo v Chairman, Music right Society Ltd

Cheptoo v Chairman, Music right Society Ltd [2025] KEELRC 2103 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E717 of 2022

Judge

DKN Marete

The court found that the respondent had established, on a balance of probabilities, that the termination of the claimant's employment was lawful. The claimant was taken through appropriate disciplinary proceedings, including issuance of a show cause letter, suspension, and an opportunity to respond to allegations. The respondent's decision was based on the claimant's dereliction of duty and malfeasance, which led to financial loss for the organization. The court held that the employer had a genuine belief in the existence of facts justifying the termination, as required by section 43 of the E…

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• Unfair Termination
• Disciplinary Process
• Summary Dismissal
• Employee Rights
• Remedies For Termination

Kinyanjui v Mukawa Holdings Nairobi Safari Club

Kinyanjui v Mukawa Holdings Nairobi Safari Club [2025] KEELRC 1375 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1988 of 2015

Judge

K Ocharo

The court found the claimant was a term employee, not a casual worker, and that his termination was procedurally and substantively unfair.

• Unfair Termination
• Procedural Fairness
• Statutory Entitlements
• Burden Of Proof
• Employment Contracts
• Remedies For Termination

Ochieng v Kenya Ports Authority

Ochieng v Kenya Ports Authority [2025] KEELRC 1227 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E075 of 2024

Judge

M Mbarũ

The court found the claimant’s absenteeism justified discipline, but the dismissal was procedurally unfair for lack of a proper hearing. Relief was limited to notice pay and unpaid salary, if any.

• Unfair Termination
• Gross Misconduct
• Disciplinary Procedure
• Employee Absenteeism
• Natural Justice
• Remedies For Termination

Rop & another v Emngwen Farmers Cooperative Society Limited

Rop & another v Emngwen Farmers Cooperative Society Limited [2025] KEELRC 1266 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 17 of 2017

Judge

MA Onyango

The court found both claimants were employees and that termination was substantively justified but procedurally unfair for lack of a disciplinary hearing.

• Unfair Termination
• Procedural Fairness
• Summary Dismissal
• Employment Relationship
• Disciplinary Process
• Remedies For Termination

Wesonga v Everflora Limited

Wesonga v Everflora Limited [2025] KEELRC 1032 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E052 of 2023

Judge

JW Keli

The Employment and Labour Relations Court upheld dismissal as fair but reversed the trial court on house allowance, awarding Kshs. 10,739.17 plus costs.

• Unfair Termination
• Summary Dismissal
• Procedural Fairness
• House Allowance
• Burden Of Proof
• Remedies For Termination

Kimutai v County Government of Kericho

Kimutai v County Government of Kericho [2025] KEELRC 964 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E020 of 2023

Judge

J Rika

The Employment and Labour Relations Court at Kericho found the claimant’s termination unfair and unlawful, awarding gratuity and 10 months’ gross salary in compensation.

• Unfair Termination
• Employment Contracts
• Disciplinary Procedure
• Remedies For Termination
• Unfair-termination
• Employment-contracts