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Kenya decisions
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Ndwiga v Principal Secretary, Ministry of Health & another [2024] KEELRC 2703 (KLR)
The court held that diploma clinical officer interns were employees entitled to pay under the approved scheme of service, and awarded damages for unpaid salaries and constitutional violations.
Njiru v East African Cable Limited [2023] KEELRC 2732 (KLR)
The court found that the claimant was contractually and statutorily entitled to overtime pay for hours worked beyond the prescribed 10-hour night shift limit. The respondent admitted the claimant worked 12-hour shifts, and there was no evidence that the claimant was part of management or otherwise excluded from overtime entitlement. The discharge voucher did not release the respondent from liability, as the claimant expressly reserved his right to claim overtime on the voucher. The court calculated the overtime due based on the statutory formula, awarding the claimant Ksh. 737,490.00 for 3,22…
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Kulohoma v Rembo Shuttle Savings & Credit Co-operative Society [2023] KECPT 769 (KLR)
The Tribunal found the claimant was not an employee, but a member assigned duties by the AGM. It upheld the suspension power of the Management Committee, but awarded Kshs. 30,000 in allowances.
Nandwa v National Communication Secretariat [2023] KEELRC 2506 (KLR)
The court adopted the petitioner’s underpayment computation and awarded Kshs 1,627,672 with interest, finding the effective date was the date of the last contract.
Omondi v Moi University [2023] KEELRC 1691 (KLR)
The court held that a part-time lecturer had proved an employment relationship with Moi University and awarded Kshs 999,050, plus costs and interest.
Wanyama v National Government Affirmative Action Fund Board [2022] KEELRC 12783 (KLR)
The court held that the claimant’s prolonged suspension was unlawful because the respondent exceeded the six-month disciplinary timeline without explanation.
Gilbert Michael Maigacho v Coast Development Authority [2021] KEHC 7620 (KLR)
The court found that the Claimant's interdiction was justified due to his persistent defiance of employer instructions and breach of communication protocols, and that the one-month extension beyond the stipulated interdiction period was excusable in the circumstances. The Claimant's appointment as Programme Manager did not entitle him to additional remuneration, as the written nomination letter expressly stated that his terms of service would remain unchanged. The Respondent had a valid reason for terminating the Claimant's employment, supported by evidence of misconduct, and followed due pro…
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Mary Njambi Njenga v Equity Bank Kenya Limited [2020] KEELRC 1428 (KLR)
The court allowed a review application after finding an error on the face of the record in the claimant’s suspension date, which affected computation of pay.
Samuel Lewis Jomo Nyakweba, Patrick Ndubi Mamboleo, Jackson Okero Nyanumba & Charles Nyakwama (Suing as representative of the 58 applicants) v Secretary Public Service Board Nyamira County, Chairman Public Service Board Nyamira County, Public Service Board, County Secretary Nyamira County & County Government of Nyamira; Ethics And Anti-Corruption Commission(Interested Party) [2019] KEELRC 550 (KLR)
The court found that the claimants failed to prove, on a balance of probabilities, that they were lawfully and fairly appointed by the Nyamira County Public Service Board. The evidence established that only 25 positions were advertised, yet 58 persons were recruited without proper requisition or budgetary allocation. The recruitment process was marred by procedural irregularities, and the appointments were nullified by the Board following public complaints and recommendations from the relevant authorities. There was no credible evidence that the claimants performed any work for the respondent…
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George Ojwok Aluma v Lake Victoria North Water Services Board Kakamega-Busia Water Supply;Kakamega County Water & Sanitation Company Limited,County Government of Kakamega,Busia Water & Sanitation Company Limited & County Government of Busia [2019] KEELRC 1677 (KLR)
The court held that keeping an employee on interdiction and half pay for over four years without resolving disciplinary charges was unfair and ordered full salary and benefits.
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