Kenya Case Law

Chemutai v Lipa Later Limited

Chemutai v Lipa Later Limited [2025] KEELRC 2102 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E007 of 2024

Judge

HS Wasilwa

The court found that the petitioner was constructively dismissed as a result of the respondent's persistent failure to pay salaries, unilateral reduction of salary, and creation of a hostile work environment. The respondent's actions constituted a breach of the petitioner's rights to fair labour practices, fair remuneration, and dignity as protected by the Constitution and the Employment Act. The respondent did not contest the petition, and the petitioner's evidence was uncontroverted. The court applied the legal test for constructive dismissal and concluded that the petitioner was entitled t…

Source excerpt

• Constructive Dismissal
• Unpaid Salaries
• Unfair Labour Practices
• Breach Of Contract
• Constitutional Rights At Work

Wangondu v Atticon Ltd

Wangondu v Atticon Ltd [2025] KEELRC 1839 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E036 of 2024

Judge

ON Makau

Unopposed employment claim: the court awarded unpaid salary, service pay, costs, and interest, but declined the claim for accrued leave due to lack of proof.

• Unpaid Salaries
• Service Pay
• Employment Contracts
• Leave Entitlements
• Unpaid-salary
• Service-pay

Odundo v Kenya Institute of Management

Odundo v Kenya Institute of Management [2025] KEELRC 1430 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E320 of 2023

Judge

S Radido

The Employment and Labour Relations Court found Godfrey Omondi Odundo’s summary dismissal unfair, awarded unpaid salary and leave claims, and dismissed the employer’s counterclaim.

• Unfair Termination
• Breach Of Contract
• Unpaid Salaries
• Leave Allowance
• Disciplinary Procedure
• Compensation

Njeru v Banda Homes Limited

Njeru v Banda Homes Limited [2025] KEELRC 1324 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E489 of 2021

Judge

B Ongaya

The court dismissed a claim for unpaid salary arrears, constructive dismissal, and transfer of a motor vehicle, finding no proof of unfair termination or set-off.

• Constructive Dismissal
• Unpaid Salaries
• Car Loan Deduction
• Employment Contracts
• Constructive-dismissal
• Unpaid-salary

Mwaniki v Tihan Limited

Mwaniki v Tihan Limited [2025] KEELRC 1208 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E403 of 2020

Judge

CN Baari

The court found constructive dismissal after the employer failed to pay eight and a half months’ salary, and awarded arrears, notice pay, and compensation.

• Constructive Dismissal
• Unpaid Salaries
• Breach Of Employment Contract
• Compensation For Unfair Termination
• Constructive-dismissal
• Unpaid-salary

Kenya Union of Commercial, Food and Allied Workers v Real Food Africa Limited

Kenya Union of Commercial, Food and Allied Workers v Real Food Africa Limited [2025] KEELRC 1217 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E010 of 2024

Judge

J Rika

An undefended employment claim was allowed after the court adopted a conciliator’s report and awarded the grievant Kshs. 456,582, plus a certificate of service, costs, and interest.

• Constructive Dismissal
• Unpaid Salaries
• Service Pay
• Annual Leave Entitlement
• Conciliation Reports
• Costs Award

Owiti v Highlight Travel Limited t/a BCD Travel

Owiti v Highlight Travel Limited t/a BCD Travel [2025] KEELRC 1111 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E699 of 2016

Judge

HS Wasilwa

The claimant was constructively dismissed by the respondent due to a pattern of conduct including transfers, diminished duties, denial of leave, and indefinite unpaid leave, which constituted a significant breach of the employment contract. The respondent unilaterally withheld the claimant's salary during a period of unpaid leave without documented consent or adherence to procedural requirements, and failed to pay for approved but untaken annual leave.

Source excerpt

• Constructive Dismissal
• Unpaid Salaries
• Annual Leave Entitlement
• Workplace Discrimination
• Employment Contract Variation

Lolmeteti v Kenya Kazi Services Limited

Lolmeteti v Kenya Kazi Services Limited [2025] KEELRC 1110 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1110 of 2015

Judge

MN Nduma

The Employment and Labour Relations Court awarded the claimant compensation, notice pay, unpaid salary, and leave pay for unlawful termination.

• Unlawful Termination
• Compensation For Termination
• Payment In Lieu Of Notice
• Unpaid Salaries
• Leave Entitlements
• Unlawful-termination

Ondieki & 10 others v Laico Regency Hotel Nairobi

Ondieki & 10 others v Laico Regency Hotel Nairobi [2025] KEELRC 871 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E446 of 2021

Judge

MN Nduma

The court held that a union-negotiated mutual separation agreement bound the claimants, but it ordered computation and payment of terminal benefits without requiring resignation.

• Collective Bargaining Agreements
• Mutual Separation Agreements
• Force Majeure In Employment
• Terminal Benefits
• Unpaid Salaries
• Union Representation

Khamala v Design N-Scope Architects & Interior Designers Limited & 2 others

Khamala v Design N-Scope Architects & Interior Designers Limited & 2 others [2025] KEELRC 491 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 159 of 2020

Judge

S Radido

The court rejected a review application seeking unpaid salary and pay in lieu of notice, holding that the request required re-evaluating evidence beyond review jurisdiction.

• Review Jurisdiction
• Error Apparent On Record
• Salary In Lieu Of Notice
• Unpaid Salaries
• Pleadings And Evidence
• Scope Of Review