Kenyan case law

Kirui v Cheruiyot & 7 others (Petition E014 of 2025) [2025] KEELRC 3515 (KLR) (9 December 2025) (Ruling)

✦ The application is dismissed as the Petitioner/Applicant has not established a prima facie case and irreparable harm.

Benjamin v New Oshwal Distributors Limited (Appeal E005 of 2025) [2025] KEELRC 3516 (KLR) (8 December 2025) (Judgment)

✦ The appeal is dismissed with costs to the Respondent as the Appellant's claim for unfair termination was not proven and the evidence suggested the Appellant left the Respondent on his own volition.

Justus v Tombe Tea Factory Limited (Miscellaneous Application E010 of 2025) [2025] KEELRC 3518 (KLR) (8 December 2025) (Ruling)

✦ The application for leave to appeal is denied

Xcmg EA Limited v Ofula (Appeal E267 of 2024) [2025] KEELRC 3510 (KLR) (5 December 2025) (Judgment)

✦ The court found that the Respondent was entitled to the commission payments as he was the contact person in the transactions.

Gazemba & another v Registrar of Trade Unions (Appeal E093 of 2025) [2025] KEELRC 3508 (KLR) (5 December 2025) (Judgment)

Masichi v Brookside Dairy Limited (Appeal E098 of 2024) [2025] KEELRC 3509 (KLR) (5 December 2025) (Judgment)

✦ The court finds that the trial court erred by finding that the Appellant was lawfully and procedurally terminated and by not awarding the Appellant his terminal dues and reliefs sought.

Namaswa v Inspector General of Police & 2 others (Employment and Labour Relations Cause E952 of 2022) [2025] KEELRC 3502 (KLR) (5 December 2025) (Judgment)

✦ The court found the dismissal procedurally fair but unfair due to the Claimant's repeated absenteeism and admitted misconduct.

Kiprotich v Twyford Ceramics Company Limited & another (Appeal E160 of 2023) [2025] KEELRC 3501 (KLR) (5 December 2025) (Judgment)

✦ The court finds that the trial court erred by finding that Kiprotich did not discharge his burden of proof under section 47(5) of the Employment Act.

Musango v Kenya Airways PLC (Cause E705 of 2024) [2025] KEELRC 3503 (KLR) (5 December 2025) (Ruling)

✦ The Court dismissed the mandatory injunction request and awarded damages instead.

Kenya Engineering Workers Union v Tononoka Rolling Mills Limited (Cause E537 of 2024) [2025] KEELRC 3497 (KLR) (5 December 2025) (Ruling)

✦ The Notice of Motion is dismissed with costs to the Claimant/Respondent, and the suit is fast-tracked for trial.

Olweny v Corporate Insurance Limited (Cause E923 of 2021) [2025] KEELRC 3507 (KLR) (5 December 2025) (Judgment)

✦ The court held that the Claimant was an employee of the Respondent and not an independent contractor, thus entitled to the reliefs sought.

Jakaiti v Independent Policing Oversight Authority (Cause E265 of 2024) [2025] KEELRC 3504 (KLR) (5 December 2025) (Ruling)

✦ The Court dismissed the Preliminary Objection and found no merit in the Respondent's counter-claim.

Kinyanjui v Amana Elementary School Karen & another (Cause E381 of 2021) [2025] KEELRC 3505 (KLR) (5 December 2025) (Ruling)

✦ The preliminary objection by the 2nd respondent is sustained and the 2nd respondent is hereby struck of these proceedings with costs to him.

Match Masters Limited v Nyongesa & 3 others (Civil Appeal E254 of 2024) [2025] KEELRC 3500 (KLR) (5 December 2025) (Judgment)

✦ The court found that the trial court erred in finding that the Respondents' termination was unfair and unlawful, but upheld the award of terminal dues.

Munyao v Teachers Service Commission (Cause 191 of 2019) [2025] KEELRC 3455 (KLR) (4 December 2025) (Judgment)

✦ The Claimant’s dismissal was procedurally fair.

County Government of Siaya v Kenya National Union of Nurses (Cause E094 of 2025) [2025] KEELRC 3445 (KLR) (4 December 2025) (Ruling)

✦ The County Government is entitled to an interlocutory injunction to restrain the Kenya National Union of Nurses from continuing the strike.

Kenya Union of Commercial Food and Allied Workers v Eldoret Packers Limited (Cause E011 of 2021) [2025] KEELRC 3493 (KLR) (4 December 2025) (Ruling)

✦ The court grants a stay of execution conditional upon the union computing the value of the collective bargaining agreement as awarded by the court and depositing it as security.

Njoroge v County Government of Kiambu (Miscellaneous Application E198 of 2024) [2025] KEELRC 3473 (KLR) (4 December 2025) (Ruling)

✦ The application is incompetent and dismissed with costs to the Respondent.

Onyango v Care International Somalia & another (Cause E315 of 2021) [2025] KEELRC 3458 (KLR) (4 December 2025) (Judgment)

✦ The termination of employment on account of redundancy was justifiable by a valid reason and there was no discrimination.

Nyongesa v Milestone Gaming Limited (Cause E853 of 2022) [2025] KEELRC 3456 (KLR) (4 December 2025) (Judgment)

✦ The Claimant worked for the Respondent for only 2 years, and her termination on account of redundancy was not fair.

Transport Workers Union v Pollmans Tours & Safaris Limited; Kenya Game Conservancy Tours & Safari Workers Union (Interested Party) (Cause E239 of 2023) [2025] KEELRC 3481 (KLR) (4 December 2025) (Judgment)

✦ The Claimant remains the recognized union of the Respondent’s unionisable employees, and the 2019-2020 CBA remains in force and binding until a new CBA is registered. The Respondent is ordered to resume and conclude CBA negotiations with the Claimant within 60 days of this judgment.

Njiru v Veterinary Medicines Directorate & 5 others (Petition 219 of 2024) [2025] KEELRC 3462 (KLR) (4 December 2025) (Judgment)

✦ The Petitioner's claims are dismissed as the disciplinary proceedings were suspended by the court and the employment relationship was terminated by operation of law.

Tarno v Nandi County Public Service Board & 2 others (Petition E002 of 2024) [2025] KEELRC 3489 (KLR) (4 December 2025) (Judgment)

✦ The court finds that the Petitioner did not prove that the recruitment and/or contract renewal processes were unlawfully and/or unconstitutionally conducted.

Gowi v Outsource Technique Ltd (Cause E222 of 2024) [2025] KEELRC 3471 (KLR) (4 December 2025) (Ruling)

✦ The consent decree was fully settled upon payment of the agreed sum less statutory deductions.

Al-Barakat Agency Limited v Bwetta (Appeal E134 of 2025) [2025] KEELRC 3460 (KLR) (4 December 2025) (Judgment)

✦ The termination of employment was held to be unlawful and unfair, constituting constructive dismissal.