Kenya Case Law

Universities Academic Staff Union (UASU) & another v Moi University & 2 others

Universities Academic Staff Union (UASU) & another v Moi University & 2 others [2025] KEELRC 2121 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E018 of 2025

Judge

MA Onyango

The court found that although Moi University had valid reasons to consider redundancy due to financial constraints and reduced student numbers, the process undertaken was fundamentally flawed. The Respondents failed to comply with section 40(1) of the Employment Act by not providing proper notice to the labour officer, omitting the extent and timelines of the intended redundancy, and failing to supply unions with necessary information for meaningful consultation. The selection criteria developed by PKF were not agreed upon with the unions, were not transparently applied within comparable clas…

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• Redundancy Procedure
• Collective Bargaining Agreements
• Consultation Requirements
• Selection Criteria
• Fair Labour Practices
• Termination Of Employment

Chirchir & 39 others v West Pokot County Government & 2 others

Chirchir & 39 others v West Pokot County Government & 2 others [2025] KEELRC 1981 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E001 of 2023

Judge

MA Onyango

The court held that exhaustion under section 77 did not bar the claim and dismissed a contempt application for lack of proof of wilful disobedience.

• Doctrine Of Exhaustion
• County Public Service Employment
• Termination Of Employment
• Contempt Of Court
• Injunctive Relief
• Statutory Remedies

Willy v Secretary, Teacher Service Commission & 2 others

Willy v Secretary, Teacher Service Commission & 2 others [2025] KEELRC 1997 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E005 of 2024

Judge

MA Onyango

The court found that the petition, though framed as a constitutional claim, arose entirely from the termination of the Petitioner’s employment and sought remedies available under the Employment Act. The court held that the applicable limitation period was three years from the date of dismissal, as stipulated by section 90 of the Employment Act. The petition was filed more than six years after the cause of action arose, and the Petitioner did not provide any explanation for the delay. The court further held that constitutional claims arising from employment relationships are subject to statuto…

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• Limitation Of Actions
• Termination Of Employment
• Fair Administrative Action
• Judicial Review
• Jurisdiction
• Constitutional Remedies

Mughal v Springtech (K) Limited & 5 others

Mughal v Springtech (K) Limited & 5 others [2025] KEELRC 1937 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E956 of 2024

Judge

BOM Manani

The court determined that it lacks jurisdiction to adjudicate disputes concerning directorship and shareholding in a company, as these are commercial matters reserved for the High Court. However, the court found that the claimant had presented preliminary evidence (such as pay slips and statutory deductions) suggesting an employment relationship with the 1st respondent in his capacity as Managing Director. Therefore, the court retained jurisdiction over the employment dispute between the claimant and the 1st respondent, but struck out all claims relating to directorship and shareholding, as w…

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• Jurisdiction Of Elrc
• Employment Status Of Directors
• Shareholder Disputes
• Termination Of Employment

Kenya Union of Domestic Hotels Educational Institutions & Hospital Workers (KUDHEIHA) v Board of Management (BOM) Kalulini Boys Secondary School

Kenya Union of Domestic Hotels Educational Institutions & Hospital Workers (KUDHEIHA) v Board of Management (BOM) Kalulini Boys Secondary School [2025] KEELRC 1920 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E788 of 2023

Judge

SC Rutto

The court found valid reasons for dismissing a school bursar, but held the appeal process was biased because the same officers sat on appeal. Compensation was awarded.

• Unfair Dismissal
• Procedural Fairness
• Disciplinary Process
• Compensatory Damages
• Collective Bargaining Agreement
• Termination Of Employment

Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Morgan Air and Sea Freight Logistics (K) Limited

Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Morgan Air and Sea Freight Logistics (K) Limited [2025] KEELRC 1857 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E923 of 2024

Judge

CN Baari

The court dismissed an interlocutory injunction application in a redundancy dispute, finding the request had been overtaken by events after the affected employees were terminated.

• Redundancy Procedure
• Collective Bargaining Agreement
• Termination Of Employment
• Outsourcing
• Consultation Requirements
• Redundancy-procedure

Obasie v National Industrial Training Authority (NITA)

Obasie v National Industrial Training Authority (NITA) [2025] KEELRC 1746 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E131 of 2021

Judge

SC Rutto

The court upheld the summary dismissal of a finance manager, finding gross negligence in supervising accounts and that the employer followed fair procedure.

• Summary Dismissal
• Gross Negligence
• Procedural Fairness
• Disciplinary Process
• Termination Of Employment
• Burden Of Proof

Bamburi PLC v Macharia

Bamburi PLC v Macharia [2025] KEELRC 1715 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E753 of 2022

Judge

HS Wasilwa

The court found that the respondent was contractually obligated to provide three months' notice or pay salary in lieu thereof upon resignation. Since the respondent gave only six days' notice, she was liable to pay the claimant for the remaining 84 days, calculated at Kshs. 1,470,904.40. The court rejected the claimant's demand for a refund of the school fees benefit, holding that neither the employment contract nor the company policy provided for such recovery upon early termination. The court also declined to award costs to the claimant, noting that the respondent had admitted liability for…

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• Notice Period
• Employment Contracts
• Employee Benefits
• Termination Of Employment

Marua v Security Group Africa

Marua v Security Group Africa [2025] KEELRC 1819 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E104 of 2024

Judge

JW Keli

The Employment and Labour Relations Court dismissed an appeal over constructive dismissal, overtime, Sundays, holidays, and leave, upholding the trial judgment.

• Constructive Dismissal
• Unpaid Overtime
• Leave Entitlements
• Employment Contracts
• Special Damages
• Termination Of Employment

Regency Slots Limited v Omwoyo

Regency Slots Limited v Omwoyo [2025] KEELRC 1713 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E172 of 2021

Judge

JW Keli

The Employment and Labour Relations Court allowed an appeal, set aside an overtime award of Kshs. 536,000, and dismissed the claim after finding a signed discharge voucher barred further recovery.

• Overtime Claims
• Burden Of Proof
• Discharge Voucher
• Termination Of Employment
• Standard Of Proof
• Terminal Dues