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

Kenya Union of Commercial and Food Allied Workers v Sai Electrical and Hardware Limited

Kenya Union of Commercial and Food Allied Workers v Sai Electrical and Hardware Limited [2025] KEELRC 2120 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E021 of 2022

Judge

MA Onyango

The court held the union could represent its member without a recognition agreement and found the worker’s termination unfair, awarding notice pay, leave, public holiday pay, compensation, underpayments, and costs.

• Unfair Termination
• Trade Union Representation
• Locus Standi
• Casual Vs Regular Employment
• Compensation For Injury
• Statutory Entitlements

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…

Source excerpt

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

Kenya Hotels & Allied Workers Union & another v Boma Hotel/Red Court Hotel

Kenya Hotels & Allied Workers Union & another v Boma Hotel/Red Court Hotel [2025] KEELRC 366 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1051 of 2018

Judge

L Ndolo

The Employment and Labour Relations Court dismissed an application to join a claimant and bar a union from representing her, holding the issue was already decided.

• Trade Union Representation
• Joinder Of Parties
• Right To Counsel
• Res Judicata
• Trade-union-representation
• Joinder-of-parties

Kenya Shipping Clearing Freight and Warehouses Workers Union v Tea Warehouses Limited

Kenya Shipping Clearing Freight and Warehouses Workers Union v Tea Warehouses Limited [2025] KEELRC 338 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E017 of 2024

Judge

M Mbarũ

The court entered judgment for the union, ordering Tea Warehouses Limited to pay Ksh.33,453,678 in redundancy benefits for 34 employees, with costs taxed.

• Redundancy Benefits
• Trade Union Representation
• Terminal Dues
• Collective Bargaining
• Employment Termination
• Redundancy-benefits

Juma Hardware Limited v Tungani & 2 others

Juma Hardware Limited v Tungani & 2 others [2025] KEELRC 317 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E189 of 2024

Judge

JW Keli

The court allowed the appeal on redundancy, held the appeal was properly on record, set aside the lower court’s award of unfair termination compensation, and ordered payment of terminal dues.

• Redundancy Procedure
• Unfair Termination
• Trade Union Representation
• Procedural Fairness
• Terminal Dues
• Appeal Out Of Time

Kenya Ports Authority v Dock Workers Union

Kenya Ports Authority v Dock Workers Union [2025] KEELRC 166 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E099 of 2021

Judge

M Mbarũ

The court dismissed an application to regularize trade union representation, held pleadings filed by an unauthorized person invalid, ordered an audit, and expunged the respondent’s records.

• Trade Union Representation
• Unauthorized Legal Representatives
• Court Procedure
• Strike Disputes
• Trade-union-representation
• Unauthorized-representatives

Forum for Good Governance and Human Rights v Public Service Commission & 4 others; Central Organization of Trade Unions (COTU-K) & 2 others (Interested Parties)

Forum for Good Governance and Human Rights v Public Service Commission & 4 others; Central Organization of Trade Unions (COTU-K) & 2 others (Interested Parties) [2025] KEELRC 83 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E058 of 2023

Judge

HS Wasilwa

Legal Notice No. 19 published on 6/2/2022, which ordered the deduction of agency fees from non-union members, is unconstitutional, null and void because it was issued without clear rules and regulations under the Labour Relations Act and without adhering to the mandatory procedure of supplying a list of affected employees as required by Section 49(2)(b) of the Act. Furthermore, subjecting officers performing statutory and quasi-judicial labour functions to agency fees or union membership compromises their necessary independence and impartiality.

Source excerpt

• Agency Fees
• Trade Union Representation
• Collective Bargaining
• Freedom Of Association
• Fair Labour Practices
• Public Service Employment

Kenya Tertiary and Schools Workers Union v Heltz Driving School (Academy)

Kenya Tertiary and Schools Workers Union v Heltz Driving School (Academy) [2025] KEELRC 4 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1610 of 2018

Judge

L Ndolo

The court found that the proceedings were properly before it, that the Respondent failed to prove that the Grievants absconded duty, and therefore concluded that the termination of employment was unlawful, entitling the Grievants to certain remedies.

Source excerpt

• Unlawful Termination
• Trade Union Representation
• Employee Compensation
• Procedural Fairness

Kenya Union of Commercial Food & Allied Workers & 13 others v Tatu City & another; Kenya Plantation and Agricultural Workers’ Union (Interested Party)

Kenya Union of Commercial Food & Allied Workers & 13 others v Tatu City & another; Kenya Plantation and Agricultural Workers’ Union (Interested Party) [2024] KEELRC 2388 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E6452 of 2020

Judge

NJ Abuodha

The court dismissed an application to set aside a consent settlement, holding the recognized union had authority to compromise the representative suit.

• Trade Union Representation
• Consent Orders
• Setting Aside Consents
• Unfair Termination
• Collective Bargaining
• Agency Principles