Kenyan case law

Railways Workers Union (K) v Africa Star Railway Operation Company Limited (Employment and Labour Relations Cause E478 of 2022) [2025] KEELRC 2301 (KLR) (31 July 2025) (Judgment)

✦ The contract between the Grievant and the Respondent was not terminated unlawfully, but the Grievant is not entitled to the balance of the term under the contract dated 19th July 2019.

Ngatia v National Syndemic Diseases Control Council (Cause E905 of 2024) [2025] KEELRC 2286 (KLR) (31 July 2025) (Ruling)

✦ The ELRC has jurisdiction, but the Claimant's choice of forum was unwarranted and amounts to abuse of the court process. The case is referred to the Magistrate's Court for hearing and determination.

Kuria v Safaricom Public Limited Company (Cause 977 of 2018) [2025] KEELRC 2281 (KLR) (31 July 2025) (Judgment)

✦ The Court finds and holds that the Claimant has not established a case of constructive dismissal.

Oyombe v Economic & Social Rights Centre (Haki Jamii) (Employment and Labour Relations Cause E553 of 2023) [2025] KEELRC 2303 (KLR) (31 July 2025) (Judgment)

✦ The contract was constructively confirmed by operation of law after the probationary period.

Ngotho v Bank of Africa Kenya Limited (Cause E462 of 2025) [2025] KEELRC 2304 (KLR) (31 July 2025) (Ruling)

✦ The Court restrained the Respondent from varying or applying interest at a rate higher than the 5% statutory interest rate on the loan account and facility between the Claimant and the Respondent pending the hearing and determination of the main suit.

Musumbi v Astrazeneca Pharmaceuticals Limited (Employment and Labour Relations Cause E436 of 2022) [2025] KEELRC 2300 (KLR) (31 July 2025) (Judgment)

✦ The Court found that the Respondent did not provide the Claimant with resources to improve his performance, despite the Claimant's efforts. The Court also noted that the Claimant met 91% of his targets despite the pandemic's impact.

Macharia v Kenya Institute of Management (Cause E891 of 2024) [2025] KEELRC 2316 (KLR) (31 July 2025) (Judgment)

✦ The Court found no evidence that the Claimant's salary was not paid as contractually agreed. The manner in which she resigned did not fit the dimensions of constructive dismissal.

Iloti & 14 others (Acting on their Behalf and on Behalf of the Dock Workers Union of Kenya) v Sang & another; Dock Workers Union of Kenya (Interested Party); Thoya (Intended Interested Party) (Cause E025 of 2025) [2025] KEELRC 2309 (KLR) (31 July 2025) (Ruling)

✦ Thoya should be joined as an interested party in the proceedings.

Kawira v Yetu Sacco Society Limited (Cause E084 of 2024) [2025] KEELRC 2318 (KLR) (31 July 2025) (Ruling)

✦ The Respondent is in breach of the court order issued on 28th March 2025, as it has not paid the Claimant's terminal dues as directed.

Gakuo v Bomet University College (Petition E008 of 2025) [2025] KEELRC 2282 (KLR) (31 July 2025) (Judgment)

✦ The criminal process and disciplinary process are distinct, and the Respondent was not obligated to take no disciplinary action based on the Petitioner's plea of not guilty in the criminal trial.

Ainu Shamsi Hauliers Limited v Msagha (Appeal E054 of 2025) [2025] KEELRC 2310 (KLR) (31 July 2025) (Judgment)

✦ The appeal is allowed, with the judgment in Mombasa CMELRC No. E400 of 2021 reviewed. The respondent is awarded 3 months' gross salary at Ksh. 31,321 x 2 = Ksh. 62,642; notice pay Ksh. 31,321; costs of proceedings before the trial court.

Orina v Nutrition International Limited (Cause E894 of 2022) [2025] KEELRC 2289 (KLR) (31 July 2025) (Judgment)

✦ The court finds that the Respondent did not terminate the Claimant's contract unlawfully and that the Claimant is not entitled to the reliefs he seeks.

Mbuno v Mbinda & another (Employment and Labour Relations Miscellaneous E007 of 2025) [2025] KEELRC 3773 (KLR) (31 July 2025) (Ruling)

✦ The application for extension of time is dismissed

Kenya National Union of Breakdown Recovery Commuters and Freight Agency Workers v Holiday Cars and Tours Limited; Transport and Allied Workers Union (Interested Party) (Cause E619 of 2022) [2025] KEELRC 2294 (KLR) (31 July 2025) (Judgment)

✦ The claim is dismissed as the Claimant failed to present evidence to support its claim that it was the majority union within the Respondent's establishment.

Inginda v Cosmos Pharmaceutical Limited (Cause E191 of 2023) [2025] KEELRC 2317 (KLR) (31 July 2025) (Judgment)

✦ The Court found that the discharge certificate did not absolve the Respondent from liability, and there was no justifiable reason for the termination of employment.

Moffat v Kenya Revenue Authority (Employment and Labour Relations Cause E089 of 2025) [2025] KEELRC 2290 (KLR) (31 July 2025) (Ruling)

✦ The application for reinstatement is declined. The application for restraining the Respondent from filling the Claimant's position is also declined.

Ngao v Dpl Festive Ltd (Cause 113 of 2018) [2025] KEELRC 2366 (KLR) (31 July 2025) (Judgment)

✦ The termination was substantively justified and procedurally fair

Republic v Murang’a University of Technology; Wangila & another (Ex parte Applicants); Universities Academic Staff Union National Office & another (Interested Parties) (Judicial Review E046, E047, E051 & E052 of 2024 (Consolidated)) [2025] KEELRC 2327 (KLR) (31 July 2025) (Judgment)

✦ The court upholds the decision of the Public Service Commission (PSC) and orders the University to reinstate the applicants and pay their arrears

Omar & another v Kulei & 5 others (Environment and Land Case E033 of 2023) [2025] KEELRC 2331 (KLR) (31 July 2025) (Ruling)

Wangui v Kenya Red Cross Society (Employment and Labour Relations Cause 443 of 2017) [2025] KEELRC 2368 (KLR) (31 July 2025) (Judgment)

✦ The Court found the summary dismissal to be unfair.

Radar Hardware Limited v Mutune (Appeal E010 of 2025) [2025] KEELRC 2311 (KLR) (31 July 2025) (Judgment)

✦ The court found that there was unfair termination of employment and that the maximum compensation of 12 months' gross salary was unjustified. The court awarded 12 months' compensation and notice pay.

Mwadori v Milly Glass Works Limited (Appeal E035 of 2025) [2025] KEELRC 2312 (KLR) (31 July 2025) (Judgment)

✦ The court held that the learned magistrate correctly assessed the matter and made correct findings, and the appellant's claim was not within the jurisdiction of the trial court.

Unda v Pentagon Security Services Limited (Cause E102 of 2018) [2025] KEELRC 2365 (KLR) (31 July 2025) (Ruling)

✦ The corporate veil of the Judgment Debtor Company is hereby lifted, and the directors are liable to settle the decretal sum and costs of the application.

Sasai & 8 others v Narok County Government & another (Cause E050 of 2023) [2025] KEELRC 2298 (KLR) (31 July 2025) (Judgment)

✦ The 2nd Claimant's claim is declined.

Musungu v Syka Manpower Services Limited (Miscellaneous Application E006 of 2025) [2025] KEELRC 2307 (KLR) (31 July 2025) (Ruling)

✦ The application is allowed with the adoption of the Dosh award for Ksh.1,223,653