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Kenya decisions
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Brinks Security Services Limited v Salim [2025] KEELRC 1952 (KLR)
The court found the employee had deserted duty without permission, rejecting notice pay and compensation, but upheld payment for days worked and wage underpayment.
Omanga v Lavington Security Limited [2025] KEELRC 604 (KLR)
The Employment and Labour Relations Court partly allowed an appeal, rejecting overtime, public holiday, and rest-day claims for lack of evidence, but increasing the underpayment award.
Musyoka t/a Jana Pestcon v Mnyika [2025] KEELRC 376 (KLR)
The court upheld unfair termination but reduced compensation to zero, while awarding notice pay, underpayments, house allowance, and limited leave pay, less Ksh 180,000.
Texas Alarms (K) Limited v Wanyonyi [2024] KEELRC 13503 (KLR)
The court found that while the respondent committed acts that could amount to gross misconduct, the appellant failed to comply with the mandatory procedural requirements under Section 41(2) of the Employment Act. Specifically, the respondent was not given a fair hearing in the presence of another employee of his choice before summary dismissal. This procedural lapse rendered the termination unfair, notwithstanding the substantive grounds cited. The trial court's blanket award of all reliefs sought was not in accordance with Section 49 of the Employment Act, which requires individualized asses…
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Nyambani v Nasib Industrial Products Limited [2024] KEELRC 13389 (KLR)
The court dismissed a claim for underpayment, leave, and certificate of service, finding the claimant was paid above applicable wage orders and had already received the certificate.
Mutio v Agricultural Development Corporation [2024] KEELRC 2235 (KLR)
The court found that the claimant was lawfully retired upon attaining the mandatory retirement age, as evidenced by the retirement letter and undisputed facts. There was no credible evidence of re-engagement after retirement, and thus no basis for claims arising from alleged subsequent employment. The court held that the claimant was not unfairly or unlawfully terminated. However, the court found merit in the claimant's claims for underpayment, overtime, annual leave (after deducting leave taken), rest days, and public holidays worked, as the respondent failed to produce employment records to…
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Kenya National Private Security Workers Union v Eccel Services International Limited [2024] KEELRC 1874 (KLR)
The ELRC at Meru found no proof of unfair dismissal, but awarded the worker underpayment, house allowance, rest days, overtime, and leave pay.
Tick Security Services Limited v Kiseli [2024] KEELRC 1563 (KLR)
The court held the respondent was on fixed-term contracts that expired by effluxion of time, but upheld awards for underpayments, rest days, and a small refund.
Thoya v Delfy Security Limited [2024] KEELRC 949 (KLR)
The Employment and Labour Relations Court at Mombasa allowed the appeal, found unfair termination, and awarded statutory pay-related remedies and service certificate orders.
Cotec Security Group Ltd (Formerly Known as Bedrock Holdings Ltd) v Kenya National Private Security Workers Union [2024] KEELRC 610 (KLR)
The appellate court found that the trial court erred by awarding amounts for underpayment and unpaid leave that exceeded the sums pleaded by the respondent, violating the principle that parties are bound by their pleadings. The court held that only claims arising within three years prior to the cause of action, or within 12 months for continuing injuries, are actionable under Section 90 of the Employment Act. The court determined that the grievant was entitled to underpayment and house allowance for the period within limitation, but not to off-duty, overtime, or leave payments due to lack of…
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