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Kenya decisions
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Mutuma v DHL Worldwide Express Kenya Limited [2025] KEELRC 2153 (KLR)
The court found the claimant’s dismissal procedurally and substantively unfair, awarded six months’ compensation and notice pay, and ordered return of the company Prado.
Simiyu v Buke Tours & Safaris Limited & another [2025] KEELRC 2050 (KLR)
The court found that although the 1st Respondent had legitimate grounds to consider terminating the Claimant's contract due to conflict of interest, it failed to follow fair procedure as required by law. The Claimant was not accorded a formal disciplinary hearing or the right to be heard before termination. The employment relationship at the time of termination was solely with the 1st Respondent, despite the Claimant performing tasks for the 2nd Respondent. The court held that the termination was procedurally unfair, entitling the Claimant to compensation equivalent to three months' salary an…
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Mbuvi v Jays Pyrotechnics Limited [2025] KEELRC 2026 (KLR)
The court found an employment relationship and held the claimant was dismissed without due process, but awarded only unpaid January 2019 salary after contribution was considered.
Ogare v G4S Kenya Limited [2025] KEELRC 2039 (KLR)
The court found that the appellant's dismissal was procedurally fair. The evidence established that email was a regular and accepted mode of communication between the appellant and respondent, including for payslips and employment correspondence. The respondent made reasonable efforts to contact the appellant via her personal email, which she had used previously for work matters. The court distinguished the Musyoka case, noting that unlike postal mail, email was a direct and established channel in this employment relationship. The appellant's argument regarding the lack of a produced communic…
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Nyawira v Pharmaccess Foundation [2025] KEELRC 1543 (KLR)
The Employment and Labour Relations Court found the claimant’s termination for poor performance was procedurally unfair and awarded notice pay, compensation, and accrued leave.
Methu v Judicial Service Commission [2025] KEELRC 1420 (KLR)
The court found the dismissal substantively justified for false information in employment records, but procedurally unfair because the claimant was not told of his right to representation.
Nderitu v Kenya Airways PLC [2025] KEELRC 1395 (KLR)
The court held that Michael Kariuki Nderitu’s summary dismissal by Kenya Airways PLC was unfair, awarding notice pay and 8 months’ compensation.
Unilever Tea Kenya Limited v Kenya Plantation & Agricultural Workers Union [2025] KECA 830 (KLR)
The Court of Appeal found that the trial court erred in its assessment of the evidence and the law. The grievant was afforded due process: he received a show cause letter, attended disciplinary hearings with union representation, and responded to the allegations. The evidence, including corroborated testimony regarding sexual harassment and admissions by the grievant, justified summary dismissal under the Employment Act and the CBA. The trial court wrongly dismissed the testimony of the assistant factory manager as hearsay and failed to weigh the corroborative evidence and admissions. The app…
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Elsa’s Kopje Limited v Mwendwa [2025] KECA 725 (KLR)
The Court of Appeal upheld a finding of unfair dismissal, holding that the employer failed to prove valid reasons for summary dismissal under the Employment Act.
Barasa v Kenya Forestry Research Institute [2025] KEELRC 1086 (KLR)
The court found the claimant’s termination procedurally unfair for lack of a proper disciplinary hearing and representation, but upheld the employer’s substantive reasons.
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