Kenya Case Law

Ochieng v Consolidated Bank of Kenya

Ochieng v Consolidated Bank of Kenya [2025] KEELRC 2128 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E170 of 2025

Judge

BOM Manani

The court found that the loan agreements between the claimant and the respondent expressly provided for a shift from staff to commercial interest rates upon termination of employment. There was no evidence of vitiating factors such as fraud or undue influence. The claimant voluntarily offered his properties as security and agreed to the terms, including the respondent's right to vary interest rates and realize securities in case of default. The court held that it could not rewrite the contract or grant a mandatory injunction to restore staff rates at the interlocutory stage. The claimant fail…

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• Unlawful Termination
• Staff Loan Facilities
• Variation Of Contract Terms
• Injunctive Relief
• Security Realization

County Government of Bomet v Kenya County Government Workers Union & another

County Government of Bomet v Kenya County Government Workers Union & another [2025] KECA 1311 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E084 of 2024

Judges

JM Mativo, PM Gachoka, GV Odunga

The Court of Appeal dismissed a county government appeal and upheld findings that the grievants had been retained on lawful employment terms after their fixed-term contracts lapsed.

• Employment Relationship
• Permanent And Pensionable Status
• Procedural Compliance
• Natural Justice
• Unlawful Termination
• Legitimate Expectation

Tamarindi Management Limited v Gatheru

Tamarindi Management Limited v Gatheru [2025] KEELRC 2110 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E021 of 2023

Judge

ON Makau

The court held the termination was redundancy, not frustration, after a Covid-19-related business reduction. It upheld most awards but set aside compensation for unfair termination.

• Redundancy Procedure
• Unlawful Termination
• Frustration Of Contract
• Severance Pay
• House Allowance
• Compensation For Unfair Termination

Obobo v Marsyetu Limited

Obobo v Marsyetu Limited [2025] KEELRC 2104 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 132 of 2024

Judge

M Mbarũ

An unopposed employment judgment found that salary arrears and redundancy termination without statutory procedure amounted to unfair termination.

• Unlawful Termination
• Redundancy Procedure
• Salary Arrears
• Notice Pay
• Severance Pay
• Unfair-termination

Frigoken Limited v Musotsi

Frigoken Limited v Musotsi [2025] KEELRC 2119 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E021 of 2024

Judge

ON Makau

The court found that the respondent's termination was indeed on account of redundancy, as evidenced by the employer's own admissions and the circumstances of low plantings and low season, which were not attributable to the respondent's conduct. However, the court held that the respondent had voluntarily signed two settlement agreements acknowledging full and final settlement of all employment dues and waiving any further claims. There was no evidence of misrepresentation, duress, or incapacity in the execution of these agreements. In line with established legal principles and binding preceden…

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• Unlawful Termination
• Redundancy Procedure
• Settlement Agreements
• Compensatory Damages

Musungu v Babs Security Limited

Musungu v Babs Security Limited [2025] KEELRC 2067 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 127 of 2015

Judge

MN Nduma

The Employment and Labour Relations Court found that the claimant was unlawfully and unfairly terminated without notice or due process and awarded terminal benefits and compensation.

• Unlawful Termination
• Procedural Fairness
• Substantive Justification
• Terminal Benefits
• Unlawful-termination
• Procedural-fairness

Mbuvi v Jays Pyrotechnics Limited

Mbuvi v Jays Pyrotechnics Limited [2025] KEELRC 2026 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 254 of 2019

Judge

B Ongaya

The court found an employment relationship and held the claimant was dismissed without due process, but awarded only unpaid January 2019 salary after contribution was considered.

• Unlawful Termination
• Procedural Fairness
• Employment Contracts
• Remedies For Unfair Dismissal
• Unlawful-termination
• Procedural-fairness

Ngode v Transfleet Limited (Formerly Mugoya Construction Company)

Ngode v Transfleet Limited (Formerly Mugoya Construction Company) [2025] KEELRC 2024 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 706 of 2019

Judge

JW Keli

The court dismissed a claim for unlawful termination and unpaid salary after finding the claimant failed to prove an employment relationship with the respondent.

• Employment Relationship
• Unlawful Termination
• Burden Of Proof
• Limitation Periods
• Piece Meal Contracts
• Employment-relationship

Sumbati v Aqua Plumbing Company Limited

Sumbati v Aqua Plumbing Company Limited [2025] KEELRC 2022 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E032 of 2025

Judge

JW Keli

The Employment and Labour Relations Court dismissed an appeal seeking higher terminal dues based on minimum wages, holding the claims were time-barred and salary-based calculations stood.

• Unlawful Termination
• Minimum Wage Compliance
• Severance Pay
• Statutory Limitation Periods
• Unlawful-termination
• Minimum-wage-compliance

Nyawanga v Kenya Plantation & Agricultural Workers Union

Nyawanga v Kenya Plantation & Agricultural Workers Union [2025] KEELRC 1982 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause E007 of 2024

Judge

MA Onyango

The court found that while the respondent had a valid substantive reason for terminating the claimant's employment—namely, the failure to meet the minimum membership required for sustaining the branch office—the respondent failed to comply with the mandatory procedural requirements for redundancy under Section 40 of the Employment Act. The notice given to the claimant did not meet statutory standards, and the redundancy process was not properly executed. As a result, the termination was declared unprocedural and unlawful. The claimant was awarded severance pay for the period worked, payment i…

Source excerpt

• Redundancy Procedure
• Unlawful Termination
• Severance Pay
• Acting Allowance
• Notice Requirements