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Kenya decisions
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Mutuma v DHL Worldwide Express Kenya Limited [2025] KEELRC 2153 (KLR)
The court found the claimant’s dismissal procedurally and substantively unfair, awarded six months’ compensation and notice pay, and ordered return of the company Prado.
Neser v Globology Limited & 7 others [2025] KEELRC 1777 (KLR)
The court found that the Claimant's termination was both unfair and unlawful, as the disciplinary process was initiated for ulterior motives following failed mutual separation discussions and was procedurally flawed. The Respondents' denial of compassionate leave and failure to review compensation constituted discrimination and unfair treatment, contrary to statutory and constitutional protections. The court held that the Claimant was entitled to ESOP benefits, as the 2nd to 8th Respondents, being instrumental in the denial of these benefits, were properly joined as parties. Damages for menta…
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Mendi & another v Kenya Educational Trust Ltd t/a Pembrooke House [2025] KEELRC 1755 (KLR)
The court found that the Respondent failed to provide clear and credible evidence to substantiate the reasons for the Claimants' termination. The disciplinary process lacked transparency, with no verifiable records or minutes of the hearing presented, and the evidence relied upon was not corroborated by independent statements from parents or students. The court held that both substantive justification and procedural fairness were not met, as required by the Employment Act and established case law. The court was not persuaded by the allegations of racial discrimination due to lack of substanti…
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Wairimu v Uhai East African Sexual Health and Rights Initiative (Uhai-Eashri - Herein Represented by the Board Shamim Salim, Christian Rumi, Penina Mwangi, Muthoni Ngige & Julius Kagwa) & 4 others [2025] KEELRC 1564 (KLR)
The court found that the petitioner was not constructively dismissed but resigned voluntarily during an ongoing disciplinary process. There was no fundamental breach of contract or intolerable conduct by the respondents that would justify constructive dismissal. The disciplinary process, including compulsory leave and denial of access to work email, was within organizational policy and did not violate the petitioner.s rights. The claims of discrimination, unfair labour practices, and breach of constitutional rights were not established. The reliefs sought, including compensation and declarati…
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AWG & another v Rsm Eastern Africa LLP & another [2025] KEELRC 1336 (KLR)
The court found that both claimants were aware of ongoing concerns regarding their performance, as evidenced by multiple documented evaluations, feedback meetings, and their own admissions. The respondents followed the contractual termination clauses by providing three months' notice or pay in lieu, and the claimants received all terminal dues. The court determined that the claimants failed to prove their allegations of discrimination (for the 1st claimant) and sexual harassment (for the 2nd claimant), noting the absence of credible evidence and the claimants' own testimonies confirming lack…
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Ogila v Dawa Life Sciences Limited [2025] KEELRC 1144 (KLR)
The court found that while the redundancy was substantively justified based on the restructuring and abolition of the Claimant's position, the process was procedurally unfair due to inadequate notice to the labour office and lack of pre-redundancy consultations with the Claimant. The court also found that the Claimant was discriminated against in terms of salary compared to counterparts in comparable positions without valid justification from the Respondent, and unlawfully denied accrued leave days due to the Respondent's internal policy conflicting with the law.
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Mohamed v Garissa University [2025] KEELRC 1116 (KLR)
The court intervened in the internal disciplinary process as it found no legal or valid basis for the disciplinary action and subsequent suspension of the Claimant, noting the absence of a clear policy violation, the amicable resolution of the incident by the County Commissioner, and potential discrimination.
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Owiti v Highlight Travel Limited t/a BCD Travel [2025] KEELRC 1111 (KLR)
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.
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Kadu v Kenya Ports Authority [2025] KEELRC 729 (KLR)
The court found that the claimant was discriminated against in a 2012 harmonization exercise and awarded salary-related losses, costs, and interest.
Kamsa v KCB Bank Limited [2025] KEELRC 740 (KLR)
The court dismissed an employment claim by a former KCB employee, finding no proof that the termination letter was invalid, no discrimination, and no basis for reinstatement.
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