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Kenya decisions
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Agunda v Kenya Orient Insurance Limited [2025] KEELRC 1557 (KLR)
The court held that expanding an employee’s duties to related entities without consultation or written contract revision was an unfair labour practice.
Banking Insurance & Finance Union (Kenya) v Kenya Commercial Bank Limited or KCB Bank Kenya Limited [2025] KEELRC 790 (KLR)
The court held that new appointment letters for unionisable employees must be construed consistently with the existing CBA, and any adverse variance gives way to the CBA.
Muga v G. North & Son Limited [2025] KEELRC 753 (KLR)
The Claimant failed to prove a case of constructive dismissal as the Respondent's actions of reducing salary and implementing unpaid leave were considered allowable variations of employment terms in the context of the COVID-19 pandemic, and the requisite consultation procedures were followed. However, claims for salary arrears, unremitted deductions, and an unlawful surcharge were successful due to lack of evidence from the Respondent and procedural non-compliance regarding the surcharge.
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Itolondo v Kenyatta University [2025] KEELRC 484 (KLR)
The petitioner's case is an abuse of court process and premature because the core issue is a collective grievance already being litigated by the petitioner's union, and the petitioner has not utilized the dispute resolution mechanisms provided in the collective agreement between the union and the respondent.
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Omache v National Bank of Kenya Limited [2025] KEELRC 32 (KLR)
The court found that the Respondent's unilateral variation of the Claimant's job grade and terms, contrary to the advertised position and without consultation, constituted a fundamental breach of the employment contract, leaving the Claimant with no reasonable alternative but to resign. This conduct amounted to constructive dismissal, rendering the Claimant's termination unfair and unlawful.
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Ojode v Kenya National Shipping Line Limited & another [2024] KEELRC 13505 (KLR)
The court found that the claimant had already accepted and reported to his new station in Nairobi, and had received the transfer allowance. The transfer was effected pursuant to new HR instruments approved by relevant authorities, and the claimant's substantive position and salary were not unlawfully altered. The court held that the employer's prerogative to transfer employees is recognized, provided it is exercised reasonably and with notice. The claimant failed to establish a prima facie case or demonstrate irreparable harm, as any loss could be compensated by damages. The application was a…
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Chakaya v Meat Magic Enterprises Limited [2024] KEELRC 13451 (KLR)
The appeal succeeded in part. The court awarded service pay, accrued leave pay, salary arrears, and half costs, but rejected overtime and public holiday claims.
Bhurji v Express Kenya Limited [2024] KEELRC 13404 (KLR)
The court found that the Claimant, as a senior and experienced employee, was responsible for managing projects and budgets. The evidence showed that he failed to meet deadlines, exceeded budgets, and caused financial loss to the Respondent. The Respondent followed due process by issuing show cause letters, considering the Claimant's responses, and conducting a disciplinary hearing. The court held that the termination was justified and lawful under Section 44 of the Employment Act, 2007, as the Claimant's failures constituted valid grounds for summary dismissal. Consequently, the Claimant was…
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Rotich v Kenya Women Microfinance Bank PLC [2024] KEELRC 2141 (KLR)
The court found constructive dismissal after the employer transferred a lactating employee during maternity leave and withdrew key allowances, awarding compensation and notice-related relief.
Wachanga v Revere Technologies Limited [2024] KEELRC 2135 (KLR)
The court found no constructive dismissal or unfair termination, but awarded the claimant unpaid salary for May 2021 and a certificate of service.
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