Kenya Case Law

Kenya Chemical Workers Union v Silafrica Limited

Kenya Chemical Workers Union v Silafrica Limited [2025] KEELRC 1205 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E074 of 2021

Judge

CN Baari

The court found that while the respondent followed procedural fairness in issuing a show-cause letter and conducting a disciplinary hearing, the substantive justification for the dismissal was lacking. The evidence showed that the grievant, a shop steward, was requested by the respondent's Human Resources Officer to assist in quelling a strike by outsourced workers. The respondent failed to rebut this assertion and did not present the officer as a witness. The court held that dismissing the grievant for performing his role as a shop steward constituted an unfair labour practice and victimizat…

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• Unfair Termination
• Procedural Fairness
• Shop Steward Rights
• Disciplinary Process
• Trade Union Representation

Musa & another v Makini Schools Limited

Musa & another v Makini Schools Limited [2025] KEELRC 17 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E815 of 2022

Judge

NJ Abuodha

The termination of the 1st Claimant was unfair both substantively and procedurally because the grounds for dismissal were not substantially justified, particularly as there was no direct nexus shown between the 1st Claimant and sharing information with the blogger, and the disciplinary procedure was flawed due to issues with the composition of the panel, denial of adequate time, and inability to cross-examine a key party.

Source excerpt

• Unfair Termination
• Disciplinary Procedure
• Right To Fair Hearing
• Employee Privacy
• Shop Steward Rights

Kenya Plantation and Agricultural Workers Union v Subati Group Limited

Kenya Plantation and Agricultural Workers Union v Subati Group Limited [2019] KEELRC 372 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 56 of 2019

Judge

M Mbarũ

The court dismissed an interlocutory application seeking orders to stop the respondent from barring a grievant from work, finding the relief would amount to interim reinstatement.

• Interim Injunctions
• Unfair Dismissal
• Disciplinary Procedure
• Reinstatement
• Collective Bargaining
• Shop Steward Rights

Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v Pwani University

Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v Pwani University [2015] KEELRC 953 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 242 of 2014

The court found that while the Grievant, as a Shop Steward, was entitled to protection from victimization for participating in a protected strike, this protection did not extend to acts of gross misconduct or criminal activity. The evidence established that the Grievant took and withheld keys to a vital university installation during the strike, refused to hand them over when requested, and was implicated in the disabling of the water pump, which constituted insubordination and criminal conduct. These actions were not ancillary to his union duties and placed him outside the legal protection a…

Source excerpt

• Unfair Termination
• Protected Strike
• Shop Steward Rights
• Disciplinary Procedure
• Victimization
• Collective Bargaining Agreement

Mathias Nyoka Ngala & 3 others v Kenya National Private Security Workers’ Union & another

Mathias Nyoka Ngala & 3 others v Kenya National Private Security Workers’ Union & another [2015] KEELRC 1358 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 2212 of 2014

Judge

M Mbarũ

The court lifted interim orders, ordered withheld union dues remitted, required the union to supply its constitution and render accounts, and barred victimisation of the shop stewards.

• Trade Union Governance
• Union Dues Remittance
• Shop Steward Rights
• Union Accountability
• Union Constitution Access
• Trade-union-governance