Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The Kenyan court awarded the claimant unpaid salary for the first contract (Kshs.428,000) and unpaid salary for the second contract (Kshs.4,299,196.44), service pay for four years (Kshs.846,000), and costs with interest at court rates. The court found the claimant entitled to unpaid salary as the respondent failed to pay salaries and allowances under both contracts, but declined to award leave pay as the claimant did not show how the 62 days were calculated. The court also awarded service pay due to the respondent's failure to contribute NSSF or other social security.
unpaid salarycontract employmentservice paynssf3 min read
JudgmentRobert Miano AND William Lengoyiap AND 4 Others VS Maurice Akelo Misori AND Moses Nthurima AND 11 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court dismissed the respondent's Notice of Motion seeking to set aside court orders issued on 13th November 2024, as the respondent was duly served with the court process but failed to respond to the petitioners' motion. The court found the impugned interim orders regular because the respondents were served and attended court through their counsel, who sought 21 days to file a response before the hearing. The respondent's argument that the union was financially unable to comply with the orders due to TSC's failure to remit dues was not relevant to the procedural irregularity. The court held that the respondent was not condemned unheard as they had been served and had the opportunity to respond, thus the motion was dismissed with costs.
interim ordersservice of processprocedural irregularitymotion for inter partes hearing3 min read
JudgmentRamadhan Mohamed Wachu VS Kenya National Union Of Nurses (k.n.u.n.) AND Kenya National Union Of Medical Laboratory Officers AND 1 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
This ruling addresses the 2nd respondent's preliminary objection to a public interest litigation petition filed by the petitioner on behalf of residents of Isiolo County. The court found that the petitioner lacked locus standi to bring the petition as he is not an employer, employee, or party directly involved in the employment relationship, and had not met the public interest litigation threshold under Article 22 of the Constitution. The court also noted that the petitioner failed to file submissions opposing the preliminary objection despite being notified, and the 2nd respondent's objection was allowed with costs declined due to the petition being a public interest litigation. The court ruled that the petition should be struck out as the petitioner lacked jurisdictional standing and did not demonstrate sufficient interest in the labour relationship to invoke the court's jurisdiction.
public interest litigationlocus standijurisdictionpreliminary objection4 min read
JudgmentDavid Mutuma Gikunda Vs Kenya National Chambers & Industries & Another
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court set aside the impugned judgment due to procedural irregularity, finding that the 2nd respondent was not properly served with court process, rendering the judgment irregular under the standard that an irregular judgment must be set aside regardless of the defendant's defense. The court re-opened the case, granted respondents leave to file responses within 14 days, dismissed the objection proceedings as moot, and awarded the claimant throwaway costs of Kshs.10,000. The court concluded that the claimant's failure to prove service of process led to the irregularity, necessitating the set-aside and re-opening of proceedings.
procedural irregularityservice of processjudgment set asidereopening of proceedings4 min read
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court reviewed a claimant's application seeking to rectify an error in the impugned judgment. The claimant argued that the net payment of Kshs. 5,712,174.37 should be subject to statutory deductions and that interest on the compensation and salary in lieu of notice should accrue from the date of judgment, not the date of filing the suit. The court found that the judgment contained an error apparent on the face of the record—awarding interest from the date of filing the suit instead of the date of judgment—justifying review under Rule 74(1) of the Court’s Rules. The court corrected the judgment to state that interest accrues from the date of judgment and the sum is subject to statutory deductions, while allowing the application for the specified adjustments.
review of judgmentstatutory deductionsinterest accrualemployment law6 min read
JudgmentJANE NJOKI NYAGA VS COUNTY SACCO SOCIETY LTD
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the claimant's dismissal was not unfair or unlawful as she squandered her opportunity to defend herself by failing to attend the disciplinary hearing despite being invited. The court found the employer followed fair procedure under the Employment Act and had valid grounds for dismissal based on the claimant's misconduct. The claimant was not entitled to reinstatement, compensation for unfair termination, or other reliefs as the dismissal was lawful. The court also found the service gratuity claim improperly calculated and the provident fund dues unproven.
unfair terminationprocedural fairnessemployment terminationdiscipline hearing9 min read
JudgmentKenya Union Of Water And Sewerage Employees VS Meru Water And Sewerage Company Limited
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court dismissed the applicant's application for urgent orders to compel the respondent to remit Kshs.2,640,000 in unremitted agency fees to the applicant's account. The applicant sought certification as urgent, ex-parte hearing, orders to remit agency fees under a Collective Bargaining Agreement (CBA) and deposit the sum pending trial, and costs. The respondent argued it complied with the Cabinet Secretary's order but that the CBA lapsed and members resigned, so it had no obligation to remit fees from resigned members. The court found the sum of Kshs.2,640,000 unproven and premature to grant pending trial, thus dismissing the application and directing the matter for hearing in the main suit.
collective bargaining agreementagency feeslabour relations actcabinet secretary order3 min read
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court granted the applicant's motion for a declaration that the respondent pay Kshs.642,265.50 compensation as awarded by the Director of Occupational Safety and Health Services, adopted as court judgment, and costs with interest. The court found it had jurisdiction over WIBA matters, the discharge voucher was conditional and not a binding settlement, thus the applicant's claim for the full award was upheld minus the Kshs.101,397 paid under the discharge voucher.
wibacompensationdischarge voucherpermanent incapacity4 min read
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant sought a declaration that their termination was wrongful, along with compensation for unfair labour practices, unlawful termination, payment in lieu of notice, severance pay, unpaid leave, and costs. The respondent denied liability, asserting valid grounds for dismissal after finding the claimant guilty of misconduct. The court found the claimant’s termination unlawful due to insufficient procedural fairness, as they were not given adequate time to prepare a defense despite being served with a show cause letter. The court ruled in favor of the claimant, ordering compensation for unlawful termination and other reliefs as claimed.
unfair labour practicesterminationprocedural fairnessdiscipline21 min read
JudgmentSalesio Mung'athia VS State Law AND Registrar Of Trade Unions
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the dismissal of their suit for being time barred, arguing that the trial court erred in law and fact by dismissing the suit as statute barred despite having granted leave to file out of time. The court determined that the cause of action arose in 2004 when the appellant received the dismissal letter, and under section 4(1) of the Limitation of Actions Act, the limitation period was six years, expiring on 8th October 2010. The court held that the suit was statute barred as it was filed after the limitation period lapsed, and the trial court lacked jurisdiction to extend the limitation period. The appeal was dismissed with costs.
statute barlimitation periodemployment contractdismissal7 min read
JudgmentAnne Nkirote Kimathi VS Meru University Of Science & Technology
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant, employed as Director, Income Generating Unit (IGU) under two-year contracts, alleged that the respondent unlawfully deployed her to a lower position in the Directorate of Research, Innovation, Commercialization and Extension (RICE) without justification, failed to renew her contract despite her application, and discharged her without proper notice or payment of October 2023 salary and gratuity. The claimant sought declarations of unfair deployment and termination, payment of salary, gratuity, and other reliefs, arguing the deployment constituted demotion and constructive dismissal. The respondent admitted the employment but denied breaches of constitutional rights and illegal termination, asserting the contract expired naturally. The court did not specify its decision but the summary focuses on the dispute and allegations.
employment contractunfair dismissaldemotionconstructive dismissal37 min read
JudgmentKENYA NATIONAL PRIVATE SECURITY WORKER'S UNION VS PATRIOTIC GROUP OF COMPANIES LTD
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court awarded the claimant Kshs.368,468 plus costs of Kshs.76,150. The respondent (Applicant) sought to stay execution of the decree, set aside the judgment, grant leave to defend, and provide costs for the application. The Applicant claimed it was not served with pleadings and summons, while the Claimant maintained electronic service via email and WhatsApp was sufficient. The court found the judgment irregular due to improper service under ELRC Procedure Rules 2016, as electronic service without court leave was not compliant with Rule 12(1). Consequently, the judgment was set aside, the Applicant had 21 days to file pleadings, and was ordered to pay Kshs.15,000 in costs.
service of processirregular judgmentsetting aside judgmentelectronic service5 min read
JudgmentLawrence Nicholas Mutembei VS Tharaka Nithi County Public Service Board AND Public Service Commission
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court dismissed the 1st respondent's preliminary objection to the applicant's motion for judicial review, finding that the objection was moot due to the 1st respondent's failure to file submissions within the 14-day period mandated by the court's order dated 23rd July 2024. The court held that the objection was automatically dismissed by operation of law after the 1st respondent did not comply with the deadline, rendering it procedurally premature and without merit. The court allowed the applicant's motion and ordered the 1st respondent to pay costs.
judicial reviewjurisdictionpreliminary objectionexhaustion of internal appeal3 min read
JudgmentZipporah Ciorwito M'aburi VS Kiegoi Tea Factory Limited
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court found that the respondent unfairly terminated the claimant's employment without valid reason or fair procedure. The claimant was entitled to one month's salary in lieu of notice (Kshs.28,376.72) and compensation for unfair termination (Kshs.340,520.61) based on 21 years of service. The court declined the claims for unpaid leave allowance, maternity leave, house allowance beyond November 2021, and service pay due to lack of evidence or statutory disqualification under NSSF. The claimant was awarded a certificate of service and interest at court rates.
unfair terminationemployment terminationcompensationunpaid leave allowance5 min read
JudgmentDR. CALVIN PETER ABUYA VS Meru County Government AND MERU PUBLIC SERVICE BOARD AND 3 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant sought a declaration of constructive termination of employment, unlawful salary stoppage, and compensation for constitutional rights violations. The respondents denied liability, alleging the claimant absconded duty without proper study leave approval. The court determined the claimant was constructively dismissed due to the respondents' unlawful salary stoppage before disciplinary proceedings, violating constitutional rights under Articles 19, 27, 28, 30, 41, 43, 47, and 50 of the Constitution. The court granted the reliefs sought, including compensation for salary stoppage and other remedies.
constructive dismissalemployment terminationconstitutional rightssalary stoppage12 min read
JudgmentJohnson Mwaniki Nyagah VS County Attorney-county Government Of Embu AND Chief Finance Officer-county Government Of Embu
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court granted mandamus orders compelling the respondents (Accounting Officer and Legal Advisor of the County Government of Embu) to pay Kshs.3,140,308.00 plus interest and taxed costs of Kshs.297,350.00 within 30 days, as they failed to honor the decree from Meru ELRC No.44 of 2019. The court found the respondents' inaction constituted illegality, unreasonableness, and procedural impropriety under Article 47 and 48 of the Constitution, violating the right to fair administrative action and access to justice. The court held that the respondents, mandated to comply with court orders, breached their duty by failing to pay the decree despite being served with the decree, certificate of costs, and certificate of order.
mandamusdecree enforcementconstitutional rightscounty government4 min read
JudgmentDavid Guantai Mwambia VS Kenya Power & Lighting Company Ltd
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court dismissed the respondent's preliminary objection to the applicant's motion for adoption of a Work Injury Benefit Act (WIBA) award. The court held that it has jurisdiction to enforce DOSH awards where the award has not been challenged under section 51 and 52 of WIBA, as the Employment and Labour Relations Court Act confers original jurisdiction over employment disputes. The court found the application not fatally defective because the DOSH award form, though lacking an official stamp, was signed by a Senior Occupational Safety and Health Officer and the omission could be cured by submitting a stamped copy. The court rejected the respondent's arguments that the court lacks jurisdiction or that the award was invalid due to the absence of a DOSH stamp, citing that the form's wording does not require the Director to sign it and that the omission does not affect the validity of the award.
work injury benefit actdirector of safety and healthjurisdictionenforcement of awards4 min read
JudgmentMbogo & Muriuki Advocate VS County Government Of Isiolo
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The applicant, MBOGO & MURIUKI ADVOCATES, sought judgment against the County Government of Isiolo for taxed costs of Kshs.24,304,693, interest at 14% per annum from taxation date, and costs of the application. The respondent opposed, citing a reference filed 24th January 2025 as a ground to halt the application. The court held the reference time-barred as it was filed 48 days after the taxing officer's decision, and the applicant's application was allowed for judgment on costs with interest and costs of the application.
advocates actcosts certificationtaxing officertime bar4 min read
JudgmentJulius Muriungi VS Nyaki Dairy Farmers Co-operative Society Ltd
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the claimant failed to prove his employment was terminated by the respondent, as he did not provide evidence of termination beyond the unpaid leave letter. The court rejected the claim for unfair termination due to insufficient evidence of termination and the alleged violations of constitutional rights. The court awarded unpaid salary for September to November 2023 totaling Kshs.54,000, but declined relief for illegal deductions, certificate of good conduct, and damages for unfair termination due to gaps in evidence and pleadings.
employment terminationunpaid salaryconstitutional rightsemployment act7 min read
JudgmentSTEVE SAIMU LELERUK & 41 OTHERS VS ISIOLO COUNTY GOVERNMENT AND ISIOLO COUNTY SECRETARY AND 1 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court held that the petitioners' constitutional rights were infringed by the respondents' actions, including non-payment of salaries and casual employment for over five years. The court found the petitioners had not exhausted internal appeal mechanisms under section 77 of the County Governments Act, which requires appealing to the Public Service Commission before court action. The court dismissed the petition with costs to the respondents, ruling that jurisdiction was ousted by the PSC's exclusive authority over employment disputes under the County Governments Act and the Public Service Commission Act.
constitutional rightsemployment actcounty government actpublic service commission27 min read
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