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Kenya decisions
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Kenya Engineering Workers Union v Engineering Suppliers Limited [2025] KEELRC 93 (KLR)
The court held the union had locus standi, found unpaid leave was unlawfully imposed without consent, and awarded salary arrears and certificates of service.
Wanjai v Mediamax Network Limited [2024] KEELRC 1085 (KLR)
The court found that the respondent failed to follow lawful procedure in terminating the claimant's employment, as required by section 41 of the Employment Act, by introducing new allegations during the disciplinary hearing and not affording the claimant a fair opportunity to respond. The salary reduction beyond the initial six months was not supported by evidence of consultation or consent, rendering it unlawful. The respondent's failure to remit NSSF contributions meant the claimant was entitled to service pay. The court held that the termination was both procedurally and substantively unfa…
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Nyambura v East Africa Safari Air Express Limited [2024] KEELRC 540 (KLR)
The court found that the Respondent failed to prove a valid and fair reason for the Claimant's summary dismissal, as required by Sections 43 and 45 of the Employment Act. The Respondent did not provide evidence that the Claimant failed to meet regulatory training requirements, disclosed confidential information, or failed to use internal grievance mechanisms. The Claimant's evidence of satisfactory training and attempts to resolve grievances was uncontested. Furthermore, the Respondent did not follow the mandatory procedural requirements under Section 41 of the Employment Act, as the Claimant…
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Koskei v Brandlife Kenya Limited [2023] KEELRC 2647 (KLR)
The court found that the respondent failed to prove valid reasons for the claimant's termination, as the allegations of dishonesty and insubordination were unsubstantiated and not supported by evidence. The disciplinary process was procedurally flawed, lacking a properly constituted committee and failing to provide the claimant with sufficient particulars or documentation to defend herself. The unilateral reduction of the claimant's salary was a clear breach of contract, as there was no mutual agreement to vary the terms. The respondent also failed to pay the claimant her full entitlement for…
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Kigumba v Wanjohi & another [2023] KEELRC 1414 (KLR)
The court found that while the salary reduction was not declared unlawful due to the context of the Covid-19 pandemic, the redundancy process failed to comply with the mandatory requirements of Section 40 of the Employment Act, specifically the lack of notification to the labour officer and non-compliance with statutory redundancy procedures. However, the court held that the breach did not rise to a constitutional violation but was a statutory infraction. The Petitioner was not entitled to compensation for discrimination or future salaries, as there was no evidence of targeted discrimination…
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Ngare v Pesa Bets Ltd [2023] KEELRC 928 (KLR)
The court found the employer unlawfully demoted the claimant and reduced his salary without consultation, and awarded payment for deductions and the unexpired contract period.
Gathondeka v Attorney General & another [2023] KEELRC 859 (KLR)
The court found the employer unlawfully reduced the claimant’s salary and demoted him without valid justification, awarding underpaid salary, house allowance, costs, and a retirement-benefits review.
Eunice Njeri Wambugu & 5 others v County Public Service Board,Kirinyaga County [2020] KEELRC 1316 (KLR)
The court held that the county board’s unilateral re-designation and salary cuts were unconstitutional, awarded each petitioner Kshs. 500,000, and ordered restoration.
Ahmed Salim Bahannan v Foton East Africa [2016] KEELRC 159 (KLR)
The court found unfair termination after the employer unilaterally reduced salary and changed pay terms, awarding compensation, notice pay, arrears, and leave pay.
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