Kenyan case law

Gumbe v Vice-Chancellor, The Technical University of Kenya & another (Employment and Labour Relations Petition E010 of 2024) [2026] KEELRC 18 (KLR) (15 January 2026) (Judgment)

Otieno v Odege & another; Registrar of Trade Unions (Interested Party) (Petition E011 of 2025) [2026] KEELRC 14 (KLR) (15 January 2026) (Ruling)

✦ The court allows the notice of motion and suspends the termination letter, allowing the petitioner to attend and participate in union activities

Luanda Happy Day Academy & another v Litieka (Appeal E024 of 2025) [2026] KEELRC 20 (KLR) (15 January 2026) (Ruling)

✦ The court issues an order for stay of execution pending the hearing and determination of the intended appeal, with the decretal sum plus costs to be deposited within 30 days.

Ndaya & another (Suing for and on Behalf of the Estate of Musa Kulecho Nyundo – Deceased) v Handyman Staffing Solutions & another (Miscellaneous Application E008 of 2025) [2026] KEELRC 13 (KLR) (15 January 2026) (Ruling)

✦ The court awards a sum of Kshs300,000/= as reasonable funeral expenses and orders interest on the award from the date it was made by the Director till payment in full.

Law Society of Kenya (Petitioning on Behalf of 306 BSc Nursing Graduates) v Ministry of Health & 3 others; Onsongo (Interested Party) (Employment and Labour Relations Petition E195 of 2025) [2026] KEELRC 19 (KLR) (15 January 2026) (Ruling)

✦ The court declines to grant the interim conservatory orders at this stage and directs the parties to proceed with the main petition.

Asiaga & another v Mutio (Being the Secretary General, University Academic Staff Union (UASU), MMU Chapter) & 3 others; Maranga & another (Interested Parties) (Employment and Labour Relations Petition E203 of 2025) [2026] KEELRC 4 (KLR) (15 January 2026) (Ruling)

✦ The application for joinder has no merit and is dismissed.

CK Bett Traders Limited v Director of Occupational Safety and Health Services (DOSHS) Athi River Sub-County & another; Mahugu (Interested Party) (Employment and Labour Relations Judicial Review E032 of 2025) [2026] KEELRC 21 (KLR) (15 January 2026) (Ruling)

✦ The application for stay of enforcement of the DOSHS decision is granted. The proceedings in Machakos ELRC Misc. E011/2025 and Milimani MCELR Misc. E037/2025 are also stayed pending the determination of the application. The applicant has 30 days to file his objection to the Director of OSH and the parties are to follow the required process under the law.

Muka v Mungai & 3 others; Nandi & 3 others (Interested Parties) (Employment and Labour Relations Cause E103 of 2025) [2026] KEELRC 11 (KLR) (15 January 2026) (Ruling)

✦ The court dismissed the application for review of the contempt ruling, finding that the Court of Appeal has jurisdiction to handle the matter and that the ELRC lacks jurisdiction to proceed with the contempt application.

Republic v Public Service Commission & 2 others; Barasa (Interested Party); Amambia & 4 others (Ex parte) (Judicial Review E006 of 2025) [2026] KEELRC 7 (KLR) (15 January 2026) (Ruling)

✦ The court dismisses the preliminary objection by the 4th respondent and orders costs in favor of the applicants.

Maina v Kenya Revenue Authority (Employment and Labour Relations Petition E198 of 2025) [2026] KEELRC 2 (KLR) (15 January 2026) (Judgment)

✦ Petition dismissed

Wairimu & another (Suing on Behalf of the Estate of the Late Paul Weru Maina - Deceased) v Satellite Options and Solutions Ltd (Miscellaneous Application E371 of 2025) [2026] KEELRC 29 (KLR) (15 January 2026) (Ruling)

Mbithi v Makueni County Public Service Board & another (Employment and Labour Relations Judicial Review E055 of 2025) [2026] KEELRC 12 (KLR) (15 January 2026) (Ruling)

✦ The court allows the application for judicial review and grants orders of certiorari to quash the decisions of both respondents.

Adis v Style Industries Limited Godrej) Consumer Products) (Employment and Labour Relations Petition E036 of 2022) [2026] KEELRC 5 (KLR) (15 January 2026) (Ruling)

✦ The application for review is allowed, and the previous order is set aside. The file is placed before Hon. D.O. Mbeja for re-computing upon consideration of all the evidence.

Luumumba & 22 others v Kenya Revenue Authority (Employment and Labour Relations Petition E134 of 2025) [2026] KEELRC 10 (KLR) (15 January 2026) (Judgment)

✦ Petitioners were unfairly treated by KRA, and the court awards them 4 months' salary in damages and costs.

Wandeta & another v National Police Service Commission & 2 others; Public Service Commission (Interested Party) (Employment and Labour Relations Petition E133 of 2024) [2026] KEELRC 1 (KLR) (15 January 2026) (Judgment)

✦ The petition is dismissed and the court orders no order of costs.

Musembi & another v Buckram Security Limited (Employment and Labour Relations Cause E584 of 2022) [2026] KEELRC 22 (KLR) (14 January 2026) (Ruling)

✦ Allow stay pending appeal on condition that applicants deposit decretal sum in a joint interest earning account

Dida v National Cohesion and Integration Commission; Attorney General & another (Interested Parties) (Employment and Labour Relations Petition E046 of 2025) [2026] KEELRC 17 (KLR) (14 January 2026) (Judgment)

✦ The court found that the advertisement and recruitment process were not flawed, and the Respondent did not act outside the NCA. The court also found that the Petitioner's allegations of tribal discrimination were unsubstantiated.

Kamau v County Secretary, Nairobi City County & 2 others (Judicial Review Miscellaneous Application E048 of 2025) [2026] KEELRC 16 (KLR) (14 January 2026) (Judgment)

✦ The Court orders the County Secretary, County Executive Member for Finance, and Nairobi City County to pay the sum of Kshs. 4,625,867, being the decretal amount plus costs as awarded in Milimani ELRC/1108/2015, with interest at court rates.

M'nchebere v Kenya Civil Aviation Authority (Employment and Labour Relations Petition E226 of 2025) [2026] KEELRC 3 (KLR) (14 January 2026) (Judgment)

✦ The Petition is dismissed as the Petitioner cannot hold due to the premature termination of the contract and the Respondent's decision to offer a one-year contract instead of renewal.

Kenya Concrete, Structural, Ceramic Tiles Woodply and Interior Design Workers Union v Kenya Builders and Concrete Co Ltd (Cause E723 of 2022) [2026] KEELRC 9 (KLR) (14 January 2026) (Ruling)

✦ The court will allow the application for stay on condition that the entire decretal sum be deposited in a joint interest earning account held in the names of counsel on record within 60 days in default, execution may proceed.

Avutswa v United Nations Savings and Credit Cooperative Society Limited (Employment and Labour Relations Petition E075 of 2025) [2026] KEELRC 6 (KLR) (14 January 2026) (Judgment)

✦ The Petitioner's claims of defamation and contract breach are dismissed. The Petitioner's performance evaluation was procedurally fair and lawfully conducted.

KBC Staff Retirement Benefits Scheme v Morara Omoke & Co Advocates & 2 others (Cause 1352 of 2018) [2026] KEELRC 8 (KLR) (14 January 2026) (Ruling)

✦ The court allows the application for review and allows the applicant to be represented by counsel of their own choice.

Barasa v Principal Secretary Ministry of Defence & 2 others (Employment and Labour Relations Petition E148 of 2025) [2026] KEELRC 15 (KLR) (14 January 2026) (Ruling)

✦ The Court issued interim conservatory orders to restrain the 3rd Respondent from dealing with the Petitioner’s pension funds and to maintain the status quo.

Kibor v County Public Service Board Uasin Gishu County & 2 others (Petition E010 of 2025) [2025] KEELRC 3720 (KLR) (22 December 2025) (Ruling)

✦ The Court dismisses the application and Preliminary Objection, and does not grant conservatory orders.

Odoyo v Universities Academic Staff Union (UASU); Registrar of Trade Unions (Interested Party) (Petition E013 of 2025) [2025] KEELRC 3746 (KLR) (22 December 2025) (Judgment)

✦ The court has jurisdiction to determine the petition and the prayers are merited.