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Employment and Labour Relations Court

Employment and Labour Relations Court at Machakos ELRC

Machakos ELRC · 1 division

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Decisions
23
Earliest
28 October 2024
Most recent
21 July 2026
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Decision date
20242026
Decision type
Division
Case type
Judge / magistrate

23 decisions

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JudgmentPATRICK MUEMA KIEMA VS THE EXPORT PROCESSING ZONES AUTHORITY

PATRICK MUEMA KIEMA VS THE EXPORT PROCESSING ZONES AUTHORITY

Employment and Labour Relations Court at Machakos ELRCMaureen Onyango

Division and case type: Employment and Labour Relations CourtPetitions

The Petitioner, a former supply chain manager at the Respondent (an Export Processing Zone Authority body corporate), challenged summary dismissal after alleging the Respondent failed to provide specific charges, complaints statements, and evidence before the disciplinary hearing. The Petitioner claimed constitutional violations under Articles 27(1), 29(d), (f), 41, 47(1), (2), 232, and 236 of the Constitution, arguing the Respondent violated his rights to fair labour relations, due process, and fair administrative action. The court found the Respondent did not violate the Petitioner’s constitutional rights as the disciplinary process was lawful and the Petitioner’s appeal was received by the Respondent, but the Petitioner was not entitled to costs.

employmentdisciplinary proceedingssummary dismissalconstitutional rights29 min read
JudgmentJOSIAH MARUBE NYAKUNDI VS GELIAN INVESTMENT LIMITED

JOSIAH MARUBE NYAKUNDI VS GELIAN INVESTMENT LIMITED

Employment and Labour Relations Court at Machakos ELRCMaureen Onyango

Division and case type: Employment and Labour Relations CourtClaim/Causes

The court determined that the Claimant received the show cause letter via email despite being on compulsory leave, but failed to respond or attend the disciplinary hearing. The Respondent terminated the Claimant summarily under section 44 of the Employment Act for failing to comply with disciplinary procedures, and the Claimant did not exercise his right of appeal within the stipulated period. The court found the termination was fair and compliant with the Employment Act, as the Claimant admitted receiving the show cause letter but failed to address the issues.

employment actwrongful dismissaldisciplinary hearingshow cause letter14 min read
JudgmentCHINA ROAD & BRIDGE CORPORATION VS SAMUEL MWANGI NYAMU

CHINA ROAD & BRIDGE CORPORATION VS SAMUEL MWANGI NYAMU

Employment and Labour Relations Court at Machakos ELRCMaureen Onyango

Division and case type: Employment and Labour Relations CourtAppeals

The appeal arises from a 2016 industrial accident claim where the Respondent sought general and special damages for injuries sustained during employment. The Trial Magistrate awarded Kshs.600,000/- in general damages, Kshs.3,000/- in special damages, and costs. The Appellant appealed, arguing the award was excessive for soft tissue injuries with no residual disability, citing comparable cases awarding Kshs.100,000/- to Kshs.150,000/- for similar injuries. The Court found the award inordinately high and substituted Kshs.300,000/- as general damages, upholding the rest of the judgment.

industrial accidentsgeneral damagesspecial damagesquantum of damages8 min read