Kenyan case law
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Ndochi v Robinson Investment Ltd alias Robinson Security Ltd (Miscellaneous Case E027 of 2025) [2025] KEELRC 3315 (KLR) (26 November 2025) (Ruling)
✦ The court found that the respondent did not act irregularly and that the applicant was not engaged in negotiations but rather made a final offer of Kshs.75,000 per month.
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Muya v Board, Kenya Medical Research Institute & another (Employment and Labour Relations Petition E083 of 2025) [2025] KEELRC 3318 (KLR) (26 November 2025) (Judgment)
✦ The 1st Respondent’s early retirement of the Professor scientists and other academic staff is unconstitutional.
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Ramogi v Great Lakes University of Kisumu (Cause 2 of 2022) [2025] KEELRC 3317 (KLR) (26 November 2025) (Ruling)
✦ The court found that the Garnishee Order nisi should not be made absolute due to the discrepancy in the account numbers and the lack of evidence that the account number changed.
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Owalla v Director General, National Transport and Safety Authority (NTSA) & another (Petition E149 of 2025) [2025] KEELRC 3310 (KLR) (26 November 2025) (Judgment)
✦ The court declared that Owalla's rights under Articles 41, 47, 50, and 236 of the Constitution have been violated by the respondents. It also quashed the transfer and compulsory leave decisions and ordered the reinstatement of Owalla to his previous station in Kisii.
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Kioko v Technical University of Kenya & another (Employment and Labour Relations Petition E173 of 2024) [2025] KEELRC 3314 (KLR) (25 November 2025) (Judgment)
✦ The court finds that the respondents' actions do not violate the petitioner's rights and cannot attract a compellable order from this court. The 1st respondent is ordered to remit all union dues not paid and continue to pay when due.
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Juma v Rai Ply Woods (K) Ltd (Miscellaneous Case E037 of 2025) [2025] KEELRC 3312 (KLR) (25 November 2025) (Ruling)
✦ The court confirms the assessment of compensation and enters a judgment for the applicant in the sum of Kshs. 364,790.
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Stubbs v Fourt Generation Capital Ltd (Cause E272 of 2023) [2025] KEELRC 3305 (KLR) (25 November 2025) (Ruling)
✦ Compensation and pay in lieu of notice paid as a result of unfair termination of employment under section 49(1) of the Employment Act is part and parcel of gains and profits within the context of the Income Tax Act as read with section 49(2) of the Employment Act, 2007 and subject to appropriate statutory deductions.
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Atuta v Mombasa Maize Millers Limited (Miscellaneous Case E047 of 2025) [2025] KEELRC 3322 (KLR) (25 November 2025) (Ruling)
✦ The assessment is adopted as an order of this court and judgment is accordingly entered for the applicant in the sum of Ksh.158,912 together with interest at court rates from the date of filing the application in court. Costs to applicant.
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Ikonia Resorts & Hotels Limited v Otieno (Appeal E079 of 2024) [2025] KEELRC 3324 (KLR) (25 November 2025) (Judgment)
✦ The appeal is dismissed with costs to the Respondent, as the suit was filed on time and the doctrine of res judicata does not apply.
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Mwondi v Adetones (EA) Limited (Cause E218 of 2022) [2025] KEELRC 3304 (KLR) (24 November 2025) (Ruling)
✦ The court reinstates the suit and orders the claimant to pay throw-away costs of Kshs. 20,000
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Apuko, Clerk County Assembly of Homabay v Gaya, Speaker County Assembly of Homabay & 2 others (Petition E022 of 2024) [2025] KEELRC 3294 (KLR) (24 November 2025) (Ruling)
✦ The court grants the application for leave to amend the petition.
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Makinda & another v Juma (Appeal E043 of 2025) [2025] KEELRC 3291 (KLR) (24 November 2025) (Ruling)
✦ The second application for stay of execution is ordered to be prosecuted by the appellants, and the first application for stay of execution is ordered to be struck out as an abuse of court process.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Board of Management, Wambasa Girls Secondary School (Cause E042 of 2025) [2025] KEELRC 3292 (KLR) (24 November 2025) (Judgment)
✦ The court held that a recognition agreement is not a prerequisite for deduction of union dues by an employer.
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Ravinine Swift Transporters Ltd v Kenya Union Commercial Food & Allied Workers Union & 2 others (Cause E050 of 2021) [2025] KEELRC 3309 (KLR) (21 November 2025) (Ruling)
✦ The court lifts the proclamation of the said motor vehicle and stay the intended auction of that particular motor-vehicle.
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Okumu & 2 others v Maasai Mara University & 4 others; Public Service Commission & another (Interested Parties) (Petition E006 of 2025) [2025] KEELRC 3307 (KLR) (21 November 2025) (Judgment)
✦ The court found that the petitioners' constitutional rights were not violated, and the show cause notices were not illegal, null and void.
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Githengi v Isat Africa Kenya Ltd (Cause 530 of 2019) [2025] KEELRC 3286 (KLR) (21 November 2025) (Judgment)
✦ The Cause and Counterclaim are dismissed.
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Kenya Union of Commercial, Food and Allied Workers v Kenmart Supermarket Limited (Cause E006 of 2025) [2025] KEELRC 3321 (KLR) (21 November 2025) (Judgment)
✦ The Grievant was found to be an employee of the Respondent. The termination of her employment was found to be unfair.
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Juma v Wachira t/a Club Excape & another (Cause E056 of 2024) [2025] KEELRC 3308 (KLR) (21 November 2025) (Ruling)
✦ The court orders a stay of proceedings pending the hearing and determination of the pending appeal
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Kenya Engineering Workers Union v RM Patel & Partners Limited (Cause E004 of 2025) [2025] KEELRC 3323 (KLR) (21 November 2025) (Judgment)
✦ The Respondent is directed to immediately pay Kshs. 137,899 in union dues and remit all subsequent dues.
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County Public Service Board of Kericho & 2 others v Gordon Ogola and Kipkoeech Ngetich Partners & another (Miscellaneous Application E001 of 2025) [2025] KEELRC 3311 (KLR) (21 November 2025) (Ruling)
✦ The court granted the application and enlarged the time to allow the Applicant leave to file its Reference in objection to the bill of costs.
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Mwangi t/a Salama Resort v Mbugua (Employment and Labour Relations Appeal E047 of 2024) [2025] KEELRC 3319 (KLR) (21 November 2025) (Judgment)
✦ The court held that the Respondent's employment was converted from casual to permanent employment in accordance with section 37(1) of the Employment Act.
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Otungo v Teachers Service Commission (Cause E660 of 2025) [2025] KEELRC 3297 (KLR) (21 November 2025) (Ruling)
✦ The Notice of Preliminary Objection is upheld, and the Statement of Claim is struck out with costs to the Respondent.
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Mnyika v Mary Meals Kenya (Cause E004 of 2024) [2025] KEELRC 3320 (KLR) (21 November 2025) (Judgment)
✦ The termination of the Claimant's employment was not valid as it was not based on a fair reason and did not follow fair procedure.
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Munga v Ruby Hardware Ltd (Employment and Labour Relations Appeal E044 of 2024) [2025] KEELRC 3313 (KLR) (21 November 2025) (Judgment)
✦ The appeal is dismissed. The learned trial magistrate's decision is upheld. The dismissal was fair and based on credible evidence of criminal misconduct.
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Yongoh v Women Working with Women & another (Cause 791 of 2019) [2025] KEELRC 3289 (KLR) (21 November 2025) (Ruling)
✦ The motion is found without merit and is dismissed with no order on costs.