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Kenya decisions
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Mutuma v DHL Worldwide Express Kenya Limited [2025] KEELRC 2153 (KLR)
The court found the claimant’s dismissal procedurally and substantively unfair, awarded six months’ compensation and notice pay, and ordered return of the company Prado.
Massawa v Shop and Deliver Limited [2025] KEELRC 2137 (KLR)
The court found the employee’s dismissal unfair and discriminatory after an accident-related incapacity, holding that the employer breached fair hearing and procedure requirements.
Kiio v Jtg Enterprises Ltd [2025] KEELRC 2155 (KLR)
The court found that the claimant failed to prove he was employed under a contract of service by the respondent. The evidence showed he was engaged on a piece-meal basis, with payments varying month to month and gaps in engagement, inconsistent with a term contract employee. The minutes relied upon as proof of employment were not confirmed by the company director and did not constitute a valid employment contract. The termination letters were disputed and not shown to be authentic. The burden of proof remained with the claimant, who did not establish employment status or wrongful termination…
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Chitiavi v Musyoka & another [2025] KEELRC 2154 (KLR)
The ELRC allowed an employment appeal, finding the claimant was unfairly and unlawfully dismissed and awarding compensation, notice pay, service pay, and unpaid salary.
Mbogo v Harley’s Limited [2025] KEELRC 2147 (KLR)
The court found the claimant’s dismissal was not redundancy, but it was procedurally unfair because the employer did not conduct a proper section 41 hearing.
Adeojo v Kenya Kazi Limited [2025] KEELRC 2150 (KLR)
The court found that the respondent had made a clear, unchallenged offer to pay the claimant specific terminal dues (payment in lieu of notice and leave not taken) as evidenced by the draft separation agreement and written offer. The respondent's subsequent refusal to pay these sums, solely because the claimant sought additional relief, was unjustified. The court held that, in the interests of fairness and given the undisputed nature of these items, the claimant was entitled to interim payment of the agreed sums pending full hearing of the suit. The respondent's application to strike out docu…
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Rono v Sai Pharmaceuticals Kenya Limited [2025] KEELRC 2151 (KLR)
The court found that the claimant failed to prove termination of employment by the respondent. Evidence showed the claimant was invited to a disciplinary hearing for absconding duty, was offered facilitation to attend, and refused to cooperate. The respondent complied with statutory requirements under section 41 of the Employment Act by issuing a show cause letter and providing an opportunity for a hearing. The claimant's salary for May 2021 was lawfully applied to settle outstanding debts as per contract, and subsequent salary was not due as he did not work. The fixed term contracts were val…
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Roadtainers (Msa) Ltd v Munuve [2025] KECA 1302 (KLR)
The Court of Appeal found that while the respondent was terminated on health grounds following a road accident, the appellant made reasonable efforts to consider redeployment and held a meeting with the respondent, his wife, and a colleague to discuss separation. The respondent signed a discharge voucher confirming receipt of all dues and waiving further claims, and there was no evidence of coercion, fraud, or lack of capacity at the time of signing. The court held that the discharge voucher was voluntarily executed and thus barred further claims for compensation. The appellant was not obliga…
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Musungu v Spreadmarketing Consulting Agency Limited [2025] KEELRC 2108 (KLR)
The court dismissed a preliminary objection that the employment claim was time-barred, holding the filing dispute involved facts and that the suit was within time.
Brink Security Services Limited v Katenge [2025] KEELRC 2156 (KLR)
The court partly allowed an employment appeal, upholding unfair termination findings but setting aside overtime and house allowance awards for lack of proof.
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