Kenyan case law
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Ojala v Rongo University (Cause E029 of 2024) [2025] KEELRC 3046 (KLR) (4 November 2025) (Judgment)
✦ The Court declines to find that the dismissal was unfair or unconstitutional, and dismisses the claim.
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Juma v ABSA Bank Kenya PLC (Formerly Barclays Bank of Kenya) (Employment and Labour Relations Petition E011 of 2023) [2025] KEELRC 3116 (KLR) (4 November 2025) (Judgment)
✦ The termination was fair and justifiable due to valid reasons for poor performance. The petitioner's rights under the constitution were not breached.
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Mutua & 19 others v Habo Group of Companies Ltd (Employment and Labour Relations Cause E724 of 2016) [2025] KEELRC 3120 (KLR) (4 November 2025) (Ruling)
✦ The corporate veil should not be lifted, and the Directors are not personally liable for the company's liabilities.
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Onyango v Globology Limited (Appeal E013 of 2024) [2025] KEELRC 3045 (KLR) (4 November 2025) (Judgment)
✦ The appeal is dismissed. The claim before the learned magistrate is dismissed and each party is ordered to bear their own costs.
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Njoroge & 2 others v Kenya Medical Supplies Authority & 3 others (Employment and Labour Relations Petition E145 of 2024) [2025] KEELRC 3037 (KLR) (3 November 2025) (Judgment)
✦ The court found that the refusal to renew the 3rd Petitioner's contract was unlawful and unfair, and that the 1st Petitioner's resignation was not unlawful constructive dismissal.
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Flodida Construction Machinery Limited v Wanyonyi (Cause E017 of 2025) [2025] KEELRC 3033 (KLR) (3 November 2025) (Ruling)
✦ The court found that the Employment and Labour Relations Court has jurisdiction to hear the suit as it relates to employment and labour relations.
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EN Karomo & Associates Advocates v Wanene (Miscellaneous Application E185 of 2024) [2025] KEELRC 3060 (KLR) (31 October 2025) (Ruling)
✦ The Court sets aside the tax rulings and grants the Client/Applicant an unconditional leave to oppose the costs. The vehicle is released pending further hearing.
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Wafula v Lipton Teas and Infusion Kenya Plc (Formerly Ekaterra Tea Kenya Plc) (Cause E023 of 2024) [2025] KEELRC 3102 (KLR) (31 October 2025) (Judgment)
✦ The termination procedure was flawed and unfair, and the summary dismissal decision is commuted to a regular termination. The Respondent is ordered to pay the Claimant gratuity and salary in lieu of notice.
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Kau v Mota-Engil Engenharia E Construcao Africa (Cause E714 of 2025) [2025] KEELRC 3009 (KLR) (31 October 2025) (Ruling)
✦ The Court found the Claimant’s claim not to be a sham and granted security for costs.
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Masia v Straight Security Services Limited (Miscellaneous Application E221 of 2025) [2025] KEELRC 3032 (KLR) (31 October 2025) (Ruling)
✦ The Application is disallowed, and each party shall bear their own costs.
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University Academic Staff Union & 2 others v Kenyatta University (Cause 160 of 2009) [2025] KEELRC 3011 (KLR) (31 October 2025) (Ruling)
✦ The Court finds the claimants' claim for arrears of interest is time-barred by dint of Section 4(4) of the Limitation of Actions Act, and the warrants of attachment are defective.
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Mboga v Sameer Africa Plc (Cause E111 of 2021) [2025] KEELRC 3039 (KLR) (31 October 2025) (Judgment)
✦ The Court found that the Claimant's actions constituted dishonesty and a serious breach of trust, leading to the termination of her employment.
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Kenya Shipping Clearing Freight Logistics and Warehouse Workers Union v Shalimar Fresh Limited (Cause E513 of 2023) [2025] KEELRC 3059 (KLR) (31 October 2025) (Ruling)
✦ The Court finds that the Respondent's employees who are members of the Claimant Union merit protection and issues an interim injunction restraining the Respondent from harassing, victimizing, intimidating, terminating, or interfering with the employment of unionized employees pending the hearing and determination of the suit.
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Mutie & another (Suing as Administrators of the Estate of Richard Muya Mutunga) v SBI International Holdings AG Kenya; Mutunga (Interested Party) (Employment and Labour Relations Miscellaneous E032 of 2025) [2025] KEELRC 3076 (KLR) (31 October 2025) (Ruling)
✦ The court rules that the suit is not res judicata and that the Employment and Labour Relations Court has jurisdiction to enforce DOSH awards.
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Maluti & another v Musyoka t/a Aquaryna Water Bottlers & 2 others (Miscellaneous Application E016 of 2025 & Judicial Review Application E005 of 2025 (Consolidated)) [2025] KEELRC 3061 (KLR) (31 October 2025) (Ruling)
✦ The Respondent's Application is time-barred and unsustainable.
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Kamau v Gibb Africa Limited (Cause E859 of 2023) [2025] KEELRC 3038 (KLR) (31 October 2025) (Judgment)
✦ The Court finds that the Respondent’s failure to pay the Claimant’s salary as and when it fell due amounted to a fundamental breach of the employment contract, leading to constructive dismissal.
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Waka v Danchurch Aid Kenya & another (Cause E877 of 2022) [2025] KEELRC 3010 (KLR) (31 October 2025) (Ruling)
✦ The Court denies the Application for leave to further amend the Memorandum of Claim.
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Okoth v BDO East Africa Kenya (Cause E147 of 2024) [2025] KEELRC 3017 (KLR) (31 October 2025) (Judgment)
✦ The Court finds that the Claimant failed to prove that her resignation was procured through coercion or duress, and dismisses her claim.
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Nyamairura alias Thomas Nyambati v Mureithi t/a Pana Properties (Employment and Labour Relations Appeal E022 of 2023) [2025] KEELRC 3087 (KLR) (31 October 2025) (Judgment)
✦ The appeal is partially successful, with compensation for unfair termination awarded for five months and service pay awarded at Kshs.11,000/=. The Appellant will be awarded Kshs.77,000/= in total.
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Josiah v Texas Alarms (K) Ltd (Employment and Labour Relations Appeal E171 & E176 of 2024 (Consolidated)) [2025] KEELRC 3118 (KLR) (31 October 2025) (Judgment)
✦ The Court found that the Appellant willfully resigned from employment and thus was not entitled to any of the reliefs awarded by the learned Magistrate.
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AMREF International University & another v Mwitari & 2 others (Miscellaneous Application E081 & E072 of 2025 (Consolidated)) [2025] KEELRC 3031 (KLR) (31 October 2025) (Ruling)
✦ The Court set aside the final arbitral award and ordered the Respondent to bear the costs of the application.
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Timsales Limited v Mburu (Appeal E054 of 2024) [2025] KEELRC 3001 (KLR) (31 October 2025) (Ruling)
✦ The Court finds that the objection was filed within the stipulated period of 60 days and that the Respondent's averment that the objection was filed late is incorrect.
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Banking Insurance and Finance Union (K) Union v Dib Bank (Kenya) Limited (Cause E435 of 2025) [2025] KEELRC 3058 (KLR) (31 October 2025) (Ruling)
✦ The Court found that the Respondent is not obligated to deduct and remit union dues to the Claimant due to the statutory threshold not being met, but is obligated to deduct and remit agency fees from unionisable employees who are not members of the Claimant union but are covered by the Collective Bargaining Agreement.
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Communication Workers Union of Kenya v Speedaf Logistics Limited (Cause E624 of 2025) [2025] KEELRC 3057 (KLR) (31 October 2025) (Ruling)
✦ The Court grants the injunction restraining the Respondent from declaring union members and unionisable employees redundant pending the determination of the main suit.
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Communication Workers Union of Kenya v Speedaf Logistics Limited Kenya (Cause E624 of 2025) [2025] KEELRC 3036 (KLR) (31 October 2025) (Ruling)
✦ The Court declines to grant the injunction sought, finding that the Claimant has established an arguable prima facie case but that irreparable harm cannot be conclusively determined at this stage.