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Kenya decisions
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Ombiri v Kenya Forest Service [2025] KEELRC 1813 (KLR)
The court dismissed both an employee’s unfair dismissal claim and the employer’s counterclaim for recovery of alleged unaccounted funds.
Katana v National Police Service Commission & 2 others [2025] KEELRC 1696 (KLR)
The court found that the petitioner became aware of his dismissal on 22 January 2022 but failed to file suit within the prescribed three-year limitation period under Section 3(2) of the Public Authorities Limitation of Actions Act. The petitioner did not provide any satisfactory explanation for the delay in filing the petition or for the belated appeals. The court held that the applicable limitation law for dismissal of a police officer is the Public Authorities Limitation of Actions Act, not the Employment Act. As the petition was filed outside the statutory time limit, the court lacked juri…
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Republic v Permanent Secretary/Provincial Administration & Internal Security Office of the President & another; Maengo (Exparte Applicant) [2025] KEELRC 1548 (KLR)
The court terminated a judicial review application for mandamus, holding there was no residual jurisdiction after an earlier lack-of-jurisdiction finding and no public duty shown.
Jadevela v National Police Service Commission & 2 others [2025] KEELRC 1617 (KLR)
The court found that the petition failed to meet the legal threshold for constitutional pleadings, as it did not specify the constitutional provisions allegedly violated, the manner of violation, or the nexus between the respondents' conduct and the alleged infringement. The petitioner merely cited constitutional articles without providing material facts or evidence to support the claims. Additionally, the court held that the cause of action was time-barred under the general limitation period for contractual claims, and no explanation was provided for the delay in filing the petition. The cou…
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Rift Valley Railways Workers' Union (K) v Kenya Railways Corporation [2025] KEELRC 1061 (KLR)
The Employment and Labour Relations Court struck out a union’s dismissal claim as time-barred under section 90 of the Employment Act and declined jurisdiction.
Nyakenanda v G4S Security Company Limited & another [2025] KEELRC 923 (KLR)
The court found that the Claimant failed to demonstrate sufficient grounds for review under Rule 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024, specifically failing to show the grounds for review or explain the delay in filing the application. Furthermore, the court held that actions taken by an Advocate are deemed actions of the client, and any claim of unauthorized action by the Advocate is a matter to be pursued against the Advocate, not grounds to reinstate a lawfully withdrawn suit against the opposing party.
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Mwangi v Happy Go Limited [2025] KEELRC 679 (KLR)
The court dismissed two applications seeking review and recusal, finding no new grounds for review and that the issues had already been determined.
National Cereal and Produce Board v Wanyonyi [2025] KEELRC 770 (KLR)
The trial court's findings that the Respondent's termination was wrongful due to unproven reasons for termination and lack of a hearing, and the awarded damages being justified under the legal regime in place at the time, warranted upholding the trial court's judgment and dismissing the appeal.
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Wanyama v Mumias Sugar Company Limited ((Under Receivership)) [2025] KEELRC 293 (KLR)
The ELRC upheld a summary dismissal, finding gross misconduct, no need to await criminal proceedings, and lawful repossession of a vehicle under a loan scheme.
Chief Officer - Department of Education, Culture & Social Services & another v Sonye [2025] KEELRC 239 (KLR)
The trial court erred in hearing and determining the respondent's suit while internal dispute resolution processes, specifically review by the County Public Service Board and the potential for appeal to the Public Service Commission, were still pending and had not been exhausted, thereby violating the doctrine of exhaustion of remedies.
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