Kenya Case Law

Eldotec Consultancy Services Ltd v Adhiambo & 5 others

Eldotec Consultancy Services Ltd v Adhiambo & 5 others [2025] KEELRC 2079 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E017 of 2023

Judge

MA Onyango

The court found that the trial magistrate erred in failing to certify the appellant's applications as urgent, given the risk of dissipation of funds and the clear evidence of overpayment. However, the substantive claims for refund were determined based on the test suit, where it was established that the 1st respondents had received and utilized excess terminal dues, making them liable to refund the appellant. The 2nd respondents (financial institutions) were not liable as they no longer held the funds at the time of service of freezing orders. The court adopted the findings of the test suit a…

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• Terminal Dues
• Erroneous Payment
• Recovery Of Overpayment
• Pecuniary Jurisdiction
• Interim Injunctions

Eldotec Consultancy Services Ltd v Otieno & another

Eldotec Consultancy Services Ltd v Otieno & another [2025] KEELRC 2078 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E019 of 2023

Judge

MA Onyango

The court found that the mutual separation agreement dated 17th May 2023, which provided for payment of 26 weeks' salary as notice pay and 7.75 days of unused leave, was binding on the parties. The 1st Respondent failed to prove the existence of any oral agreement varying these terms or that the agreement was procured by fraud, coercion, or undue influence. The overpayment of Kshs. 409,359.44 to the 1st Respondent was therefore an error and recoverable by the Claimant. The 1st Respondent's counterclaim for unfair termination was dismissed as the separation was mutual and contractually agreed.…

Source excerpt

• Mutual Separation Agreement
• Terminal Dues
• Overpayment Recovery
• Unfair Termination Claim
• Counterclaim Dismissal

Emojong v Henkel Chemicals (EA)

Emojong v Henkel Chemicals (EA) [2025] KEELRC 2015 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 1910 of 2017

Judge

HS Wasilwa

The court partly reviewed its judgment, excluding Kshs. 85,000 for notice pay already settled, but rejected review of the July 2017 salary award.

• Review Of Judgment
• Terminal Dues
• Unfair Termination
• Burden Of Proof
• Review-of-judgment
• Employment-law

Muthumbi v Track and Trace Limited

Muthumbi v Track and Trace Limited [2025] KEELRC 2036 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E048 of 2022

Judge

JW Keli

The court upheld redundancy as a valid reason but found the procedure flawed for lack of proper notice under section 40. The claimant received one month’s salary and costs.

• Redundancy Procedure
• Unfair Termination
• Procedural Fairness
• Terminal Dues
• Compensation For Unfair Termination
• Redundancy-procedure

Mathenge t/a Imperial Water Services v Juma

Mathenge t/a Imperial Water Services v Juma [2025] KEELRC 2048 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E210 of 2023

Judge

JW Keli

The court upheld liability for unfair termination but reduced the award, finding service of process was proper and the employment relationship was proved.

• Unfair Termination
• Employer Employee Relationship
• Terminal Dues
• Service Pay
• Compensatory Damages
• Unfair-termination

Tana v Asmara Entertainment Limited t/a Asmara Restaurant

Tana v Asmara Entertainment Limited t/a Asmara Restaurant [2025] KEELRC 2029 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E234 of 2024

Judge

JW Keli

The court found that the only issue for determination was whether the trial court erred in its findings on terminal dues. Upon re-evaluation, the court held that the appellant failed to prove entitlement to accrued leave pay, as leave records were produced and admitted without challenge. Service pay was not available due to NSSF deductions, as confirmed by unchallenged testimony. The appellant's claims for overtime and public holidays were not sufficiently particularised or proven, and the overtime claim was statute-barred as a continuing injury not filed within 12 months of resignation. Howe…

Source excerpt

• Terminal Dues
• Service Pay
• Overtime Claims
• Public Holidays Compensation
• Certificate Of Service
• Costs Award

Ngigi v Kenya National Union of Teachers; Teachers Service Commission (Interested Party)

Ngigi v Kenya National Union of Teachers; Teachers Service Commission (Interested Party) [2025] KEELRC 1978 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E6549 of 2020

Judge

AN Mwaure

The court dismissed an application to review its judgment and admit new evidence, finding the KNUT circular did not sufficiently prove terminal dues, gratuity, or unpaid leave claims.

• Review Of Judgment
• Admission Of New Evidence
• Terminal Dues
• Service Gratuity
• Unpaid Leave
• Remuneration Packages

Ndlo & 17 others v Brinks Security Services Limited

Ndlo & 17 others v Brinks Security Services Limited [2025] KEELRC 1928 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E272 of 2024

Judge

M Mbarũ

The appeal succeeded. The court set aside the trial judgment and awarded the appellants leave, overtime, service pay, and, for some, notice pay and compensation.

• Unfair Termination
• Terminal Dues
• Overtime Claims
• Annual Leave Entitlement
• Service Pay
• Burden Of Proof

Mweni v Child Welfare Society of Kenya

Mweni v Child Welfare Society of Kenya [2025] KEELRC 1951 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E040 of 2024

Judge

M Mbarũ

The ELRC allowed an appeal over non-renewal of a fixed-term contract, finding unfair termination and awarding notice pay, compensation, and accrued leave.

• Fixed Term Contracts
• Legitimate Expectation
• Unfair Termination
• Notice Pay
• Terminal Dues
• Compensation For Unfair Dismissal

Karoki v Capital Group Limited

Karoki v Capital Group Limited [2025] KEELRC 1884 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E336 of 2020

Judge

CN Baari

The court dismissed an employment claim after finding the claimant had resigned and had not pleaded constructive dismissal, so unfair termination was not established.

• Constructive Dismissal
• Unfair Termination
• Employment Contracts
• Terminal Dues
• Pleadings And Procedure
• Constructive-dismissal