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Kenya decisions
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Kenya Union of Commercial, Food and Allied Workers v Equitorial Nut Processors Limited [2025] KEELRC 2059 (KLR)
The court found constructive dismissal where workers were placed on indefinite unpaid leave, and awarded notice pay, compensation, and certificates of service.
G. O v Norbert Odhiambo & ICEA Lion Life Assurance Company Limited [2022] KEHAT 104 (KLR)
The Tribunal dismissed a claim that an insurer compelled HIV testing before reinstating a lapsed education policy, finding no proof of compulsion or damage.
Simon Kinyumu Mutuku v Republic [2020] KEHC 1062 (KLR)
The court held that bail pending appeal is a statutory, not constitutional, right and is only granted in exceptional or unusual circumstances, such as where the appeal has overwhelming chances of success or the sentence would be substantially served before the appeal is heard. In this case, the applicant failed to demonstrate any exceptional or unusual circumstances, nor did he show that the appeal had overwhelming chances of success. The inability to pay a fine or the fact that the appeal is arguable does not meet the threshold for granting bail pending appeal. Consequently, the application…
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Nurick Ombui Nyasimi v Republic [2018] KEHC 520 (KLR)
The court held that bail pending appeal is not a constitutional right but a statutory one, and the presumption of innocence does not apply after conviction. The applicant bears the burden to demonstrate that the appeal has high chances of success and that exceptional or unusual circumstances exist to justify bail. The applicant's claims of ill health, employment, and compliance with bail during trial were not considered exceptional. The court found that medical facilities are available in prison and that the appeal is likely to be heard soon, thus no anticipated delay. Consequently, the appli…
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Irene C. Rotich v County Government of Bomet [2018] KEELRC 932 (KLR)
The court dismissed a claim for unfair termination, holding that the claimant’s appointment was void because it was not made by the County Public Service Board as required by law.
Ismael Lonkishu Kobei v David Kariuki Gichangi & Thomas Magare [2017] KEHC 2600 (KLR)
The High Court held that receiving the decretal sum and costs did not extinguish the appellant’s statutory right of appeal. The respondents’ application to dismiss the appeal was rejected.
Abdihakim Bishar Ahmed v Republic [2017] KEHC 8263 (KLR)
The High Court granted bail pending appeal, finding the appeal had overwhelming chances of success because the prosecution did not adequately prove the complainant’s age.
Zamzam Mohamed Hassan v Republic [2015] KEHC 4298 (KLR)
High Court grants bail pending appeal after finding the appeal had overwhelming chances of success because the complainant’s age was not proved by medical evidence.
Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2014] KEELRC 1449 (KLR)
The Court held that it was not premature for the Union to seek the expertise of the CPMU to assist in the conciliation process, as the CPMU's report would aid both parties in presenting their cases. The Court found that the Union was entitled to the information sought, including the Respondent's audited financial statements, as such disclosure is a statutory right under the Labour Relations Act. The Court distinguished the authorities cited by the Respondent and found merit in the Union's motion, granting the orders sought for CPMU analysis and disclosure of financial records, with directions…
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Maulidi Mohammed Mwangi v Every Security Guards Co. Ltd [2014] KEELRC 530 (KLR)
The court allowed an employee to file an employment claim out of time, finding the delay justifiable and not inordinate under section 90 of the Employment Act.
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