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

Sumbati v Aqua Plumbing Company Limited

Sumbati v Aqua Plumbing Company Limited [2025] KEELRC 2022 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E032 of 2025

Judge

JW Keli

The Employment and Labour Relations Court dismissed an appeal seeking higher terminal dues based on minimum wages, holding the claims were time-barred and salary-based calculations stood.

• Unlawful Termination
• Minimum Wage Compliance
• Severance Pay
• Statutory Limitation Periods
• Unlawful-termination
• Minimum-wage-compliance

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…

Source excerpt

• 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…

Source excerpt

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

Karachi v Rugu (Sued as the Legal Administrator of the Estate of Paul Rogo Itotia - Deceased) & 3 others

Karachi v Rugu (Sued as the Legal Administrator of the Estate of Paul Rogo Itotia - Deceased) & 3 others [2025] KEMC 150 (KLR)

Court

Magistrate's Court

Case number

Employment and Labour Relations Cause E060 of 2021

Judge

PA Ndege

The court found the claimant’s termination in both employment periods was unlawful redundancy and awarded compensation, notice, underpayments, overtime, severance, and a certificate of service.

• Unfair Termination
• Redundancy Procedure
• Severance Pay
• Statutory Entitlements
• Employment Records
• Compensation For Unlawful Termination

Brinks Security Services Limited v Salim

Brinks Security Services Limited v Salim [2025] KEELRC 1952 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E108 of 2024

Judge

M Mbarũ

The court found the employee had deserted duty without permission, rejecting notice pay and compensation, but upheld payment for days worked and wage underpayment.

• Unfair Termination
• Wage Underpayment
• Overtime Claims
• Notice Pay
• Severance Pay
• Employee Leave

Odhiambo v Ellams Products Limited

Odhiambo v Ellams Products Limited [2025] KEELRC 2010 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1484 of 2017

Judge

K Ocharo

The court dismissed an employment claim, finding the contract ended by expiry of a fixed term, not redundancy, and rejecting CBA-based underpayment claims.

• Unfair Termination
• Fixed Term Contracts
• Collective Bargaining Agreement
• Severance Pay
• Union Membership
• Limitation Periods