Kenyan case law

Kenya Union of Commercial, Food & Allied Workers v Swastik Aluminium & Joinery Limited (Cause 103 of 2020) [2025] KEELRC 2945 (KLR) (30 October 2025) (Ruling)

✦ The application for review is dismissed with costs.

Akello v Rural Development Solutions Limited; Haji (Objector) (Cause 554 of 2015) [2025] KEELRC 2941 (KLR) (30 October 2025) (Ruling)

✦ The application for objection to execution is hereby dismissed.

Public Transport Operators Union v North East Coaches Travellers Sacco (Cause E498 of 2024) [2025] KEELRC 2976 (KLR) (30 October 2025) (Judgment)

✦ The grievant's employment was unfairly terminated without valid reason and without following the mandatory procedure.

Busia County Public Service Board & another v Public Service Commission & another (Judicial Review Miscellaneous Application E002 of 2025) [2025] KEELRC 3014 (KLR) (30 October 2025) (Ruling)

✦ The court has jurisdiction and the applicants did not need to apply for review before seeking judicial review.

Migiro & 15 others v Registered Trustees of National Council of Churches of Kenya & another (Cause E175 of 2021) [2025] KEELRC 2994 (KLR) (30 October 2025) (Judgment)

✦ The Court finds that the termination of the Claimants was not unfair.

Eshiwani v Kenyatta University (Cause 1634 of 2018) [2025] KEELRC 3051 (KLR) (30 October 2025) (Judgment)

Mwau v Inspector General, National Police Service & 3 others; National Security Council & another (Interested Parties) (Employment and Labour Relations Petition E196 of 2025) [2025] KEELRC 2951 (KLR) (30 October 2025) (Judgment)

✦ The Employment and Labour Relations Court had jurisdiction to determine the issues of police recruitment.

Muriithi v MAF Carrefour Retail Limited Kenya (Cause E532 of 2022) [2025] KEELRC 3007 (KLR) (30 October 2025) (Judgment)

✦ The court held that it had no jurisdiction over the work injury claims and referred them to the Director of Occupational Safety and Health (DOSH). The only issue for determination was whether the termination was constructive dismissal.

Nelson & another (Suing as the administrators and legal representatives of the Estate of Nelson Mutunga - Deceased) v Bonan Consult Limited (Miscellaneous Application E018 of 2025) [2025] KEELRC 2956 (KLR) (30 October 2025) (Ruling)

✦ The application is allowed. The employer shall pay KSh. 2,956,800 to the applicants as the administrators of the estate of the deceased, Nelson Mutunga.

Simokaitis & another v Chula (Appeal E118 of 2025) [2025] KEELRC 2969 (KLR) (30 October 2025) (Judgment)

✦ The termination of employment was unfair and the respondent is entitled to compensation and notice pay

Kigundu v Auto Express Limited (Cause E318 of 2019) [2025] KEELRC 2948 (KLR) (30 October 2025) (Judgment)

✦ The claimant's suit is dismissed, and the respondent's counterclaim is successful. The claimant is ordered to pay the respondent Kshs.1,092,496 by February 1, 2026, with interest at court rates, and to pay the costs of the counter-claim.

Tuluba v GA Insurance Limited (Cause E735 of 2023) [2025] KEELRC 2950 (KLR) (30 October 2025) (Judgment)

✦ The court finds the termination of employment to be unfair labor practices and orders the respondent to pay the claimant Kshs. 379,750 and deliver a proper certificate of service.

Koeth v Majlis Manda Island Resort Limited (Cause E009 of 2025) [2025] KEELRC 2988 (KLR) (30 October 2025) (Judgment)

✦ The court held that the termination of employment was unfair and unlawful due to the claimant's illness and the absence of due process.

Ngochi Wanjiku & Co. Advocates v Kurgat (Miscellaneous Application E312 of 2024) [2025] KEELRC 2953 (KLR) (30 October 2025) (Ruling)

✦ The prayer for stay of attachment of the Applicant’s movable properties is allowed. The Applicant is granted orders to settle the decretal sum in instalments.

Njuguna v Kiu Construction Company Limited (Cause 1742 of 2015) [2025] KEELRC 3008 (KLR) (30 October 2025) (Judgment)

✦ The court found that the termination of the claimant's services was not fair.

Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) v County Government of Uasin Gishu (Constitutional Petition 4 of 2020) [2025] KEELRC 3062 (KLR) (29 October 2025) (Judgment)

✦ The Petition is dismissed as moot due to the expiration of the Collective Bargaining Agreement and the commencement of negotiations for a new one.

Ogutu v Kenya Airports Authority (Cause E025 of 2024) [2025] KEELRC 2932 (KLR) (29 October 2025) (Judgment)

✦ The claim is time-barred and the suit is struck out

Akamah v Board of Management Awasi Catholic Mission Hospital (Appeal E035 of 2025) [2025] KEELRC 2952 (KLR) (29 October 2025) (Judgment)

✦ The court found that the appellant was not an employee of the respondent and dismissed the suit for want of proof.

Odhiambo v Board of Management St Mary’s Awasi Catholic Mission Hospital (Appeal E036 of 2025) [2025] KEELRC 2937 (KLR) (29 October 2025) (Judgment)

✦ The court found that the appellant had not demonstrated that she was still employed after the probationary period and thus the termination was not unfair.

Banticha v Government Press & another; Clerk - Isiolo County Assembly & another (Interested Parties) (Employment and Labour Relations Petition E139 of 2025) [2025] KEELRC 2983 (KLR) (29 October 2025) (Ruling)

✦ The court has jurisdiction to handle the petition and conservatory orders are necessary to preserve the subject matter of the petition.

Cheruiyot v Doshi & Co. (Electricals) Limited t/a Metsccables Limited (Miscellaneous Application E021 of 2025) [2025] KEELRC 3043 (KLR) (29 October 2025) (Ruling)

✦ The court found that the applicant has not persuaded the court that it is deserving and/or entitled to the orders sought to have the case transferred from Kapsabet to Eldoret Chief Magistrates Court.

Odera v Board of Management St Mary’s Awasi Catholic Mission Hospital (Appeal E037 of 2025) [2025] KEELRC 2930 (KLR) (29 October 2025) (Judgment)

✦ The court found that the appellant failed to prove she was in the respondent's employment in January and part of February 2024, and thus could only recover the sum of Kshs.78,000.00 for unpaid salary for June, November, and December 2023.

I & M Bank Limited v Patel t/a Akshar Ventures & another (Miscellaneous Application E007 of 2025) [2025] KEELRC 3044 (KLR) (29 October 2025) (Ruling)

✦ The court grants the applicant's application for a stay of execution and allows the appeal out of time.

Alpharama Limited v Kinyili (Employment and Labour Relations Appeal 12 of 2020) [2025] KEELRC 3042 (KLR) (29 October 2025) (Judgment)

✦ The appeal is dismissed. The trial court's judgment is upheld.

Kenya Teachers in Hardship and Arid Areas Welfare Association (KETHAWA) v Teachers Service Commission & 2 others (Employment and Labour Relations Appeal E113 of 2025) [2025] KEELRC 2996 (KLR) (29 October 2025) (Ruling)

✦ The court found the petition not frivolous and raised serious questions fit for investigation.