Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court consolidated two suits: one for repayment of Kshs. 7,194,767.05 in loans by the Respondent (Finance Manager) to the Claimant, and another for wrongful termination and unfair labor practices. The Claimant alleged the Respondent owed the loan balance, while the Respondent denied liability, claiming Kshs. 5,000,000 was a bonus. The Claimant called witnesses confirming loan repayments via payroll check-off, but the Respondent admitted no loan application for Kshs. 5,000,000 and that bank statements showed it as bonus pay. The court found the Respondent’s claim for Kshs. 5,000,000 as bonus was not a loan under the company policy, and the outstanding loan balance was valid. The court ordered repayment of the loan balance with interest and costs.
loan repaymentgross misconductbonus paymentpayroll check-off44 min read
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant alleged unfair termination for gross misconduct, seeking constitutional and statutory remedies including a declaration of unconstitutionality, compensation, and other reliefs. The respondent admitted employment and termination for poor performance and absenteeism after a fair hearing, paying salary in lieu of notice and terminal dues. The court found the claimant’s termination was not unfair as the employer followed procedural fairness, provided medical assessments confirming fitness, and the claimant’s poor performance and absenteeism justified dismissal without procedural irregularities.
constitutional rightsemployment actgross misconductprocedural fairness20 min read
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court, presided over by Hon. Justice Onesmus N Makau, ruled on an application by Abraham Zakayo (Applicant) against Timafrol Limited (Respondent) seeking enforcement of a Kshs.638,214.05 compensation award from the Director of Occupational Safety and Health Services. The Applicant claimed the Respondent failed to pay the award after being notified, while the Respondent argued it reduced the award to Kshs.370,225.00 via a second medical review and paid it. The court found no evidence of the second medical review or payment, holding the Respondent must pay the original award with interest, costs, and jurisdiction was upheld under the Employment and Labour Relations (ELRC) Act.
employment and labour relationscompensation awardoccupational safety and healthwiba3 min read
JudgmentCHARLES MURIITHI NJOKA VS EMBU COUNTY GOVERNMENT
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court granted a stay of execution pending appeal for the respondent (Embu County Government) to deposit Kshs. 4,831,525 in a joint interest-earning account within 45 days, ensuring the appellant (Charles Muriithi Njoka) could not be reinstated without the appeal being rendered nugatory. The court found the application met the legal threshold under Order 42 Rule 6(2) of the Civil Procedure Rules, as the delay in filing was not unreasonable and the risk of the appeal becoming nugatory due to reinstatement was substantial. The court ordered the respondent to provide security to balance the competing interests, avoiding the risk of the decretal sum being lost if the appeal succeeded.
stay of executionappealreinstatementdecretal sum5 min read
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 warrants of attachment and proclamation issued by the claimant against the respondent (EGerton University) as premature, irregular, and illegal because no decree or certificate of costs had been issued by the Registrar under the ELRC Procedure Rules. The court held that execution of court decisions requires a decree and certificate of costs before it can be executed, and the claimant’s execution was unlawful as it proceeded without these. The court also ruled that a decree based on employment benefits is taxable income under the Income Tax Act, and the applicant (EGerton University) must provide proof of PAYE remittances. The applicant was not awarded costs as it had not fully settled the claimant’s claims.
elrc procedure ruleswarrants of attachmentdecreecertificate of costs7 min read
JudgmentMITHIKA GEORGE KARITHI VS KARUMO TECHNICAL TRAINING INSTITUTE
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court dismissed the claimant's application for review of its February 2024 judgment that dismissed the claimant's suit with no order as to costs. The claimant sought to set aside the finding that he was not entitled to terminal dues and arrears, arguing the court erred by not considering evidence on employment period. The court found the application lacked merit due to unreasonable delay in filing (four months and three weeks) and the claimant's grounds for review were not errors apparent on the face of the record but rather disputes on merits that should be appealed, not reviewed. The court awarded costs to the respondent for the frivolous motion.
review of judgmentterminal duesemployment perioderror apparent on face of record6 min read
JudgmentSimon Mutuma VS China State Construstion Engineering Corp. (k) Ltd
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court allowed the applicant's motion seeking declaration that the respondent pay the compensation award of Kshs201,344.00 by the Director of Occupational Safety and Health (DOSH), adoption of the award as court judgment, and costs. The court found jurisdiction under the Employment and Labour Relations (ELRC) Act and determined the applicant was employed by the respondent based on DOSH Form 1 evidence, which authenticated the employment relationship and injury details. The court rejected the respondent's argument that it lacked jurisdiction or that the applicant was not an employee.
employment and labour relationswork injury benefits actdosh form 1employment relationship3 min read
JudgmentAbdi Adan VS Independent Electoral And Boundaries Commission
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court addressed a petition by ABDI ADAN against the INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) regarding constitutional violations and disciplinary proceedings. The petitioner alleged that the IEBC improperly constituted a disciplinary committee, violated Articles 41, 47, 50, and 236 of the Constitution, and unlawfully demoted him without due process. The court found the disciplinary proceedings unconstitutional due to improper quorum and misapplication of the Commission Disciplinary Committee (CDC) instead of the HRMAC for staff in Job Grade 5 and below, as per the IEBC HR Manual. The court ordered reinstatement, restoration of rank, salary, and benefits, and restrained further disciplinary actions.
constitution of kenyadisciplinary proceedingsfair administrative action actindependent electoral and boundaries commission14 min read
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court consolidated two related cases: one where the claimant (Timaflor Limited) sought repayment of an outstanding staff loan of Kshs. 8,864,574.29 from the respondent (Judy Njeri Ndaai), and another where the respondent alleged unfair termination of employment and racial discrimination. The claimant argued the respondent had multiple unpaid loans under the company's policy, while the respondent denied the loan amount, asserting Kshs. 7,000,000 was a bonus. The court found the respondent's employment was terminated for gross misconduct, and the claimant's evidence showed the respondent had outstanding loans with documentation, though the respondent claimed the Kshs. 7,000,000 was a bonus. The court ruled in favor of the claimant on the loan repayment, dismissing the respondent's claims of unfair termination and racial discrimination due to lack of evidence.
staff loansgross misconductemployment terminationbonus payments46 min read
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court consolidated two suits: one by Timafloor Limited (claimant) seeking repayment of an outstanding staff loan of Kshs. 8,864,574.29 from Judy Njeri Ndaai (respondent), and another by the respondent alleging unfair termination and racial discrimination. The claimant alleged the respondent had taken multiple loans under the company's policy but failed to repay, while the respondent denied the loan amount, asserting Kshs. 7,000,000 was a bonus. The court found the respondent's employment terminated for gross misconduct, and the claimant's evidence showed the respondent had outstanding loans with payroll deductions. The court ruled in favor of the claimant, holding the respondent was liable for the outstanding loan balance, rejecting the respondent's claim that the Kshs. 7,000,000 was a bonus without proper application.
staff loansgross misconductemployment terminationbonus payment46 min read
JudgmentREPUBLIC AND WILLIAM LENGOYIAP AND 3 Others VS THE KENYA UNION OF POST PRIMARY EDUCATION TEACHERS AND THE CEO TEACHERS SERVICE COMMISSION AND 1 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
High school teachers elected as Branch Executive secretaries by a trade union were deployed back to teaching by the government entity without following proper procedures. The applicants sought judicial review to quash the deployment order, alleging violations of constitutional rights and lack of due process. The court found that the applicants' employment with the union was lawful under the Recognition Agreement and Code of Regulation for Teachers, and the deployment was authorized by the union's request due to financial constraints. The court rejected the applicants' claims of unlawful removal, ruling that the deployment followed the union's internal procedures and the government entity's statutory obligations.
judicial reviewconstitutional rightsdue processunion constitution20 min read
JudgmentREPUBLIC AND WILLIAM LENGOYIAP AND 3 Others VS THE KENYA UNION OF POST PRIMARY EDUCATION TEACHERS AND THE CEO TEACHERS SERVICE COMMISSION AND 1 Others
Employment and Labour Relations Court at Meru ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
High school teachers elected as Branch Executive secretaries under a union's recognition agreement with the government were recalled to teaching by the government entity (1st Respondent) following union requests due to financial constraints. The applicants sought judicial review to quash the recall, prohibit unilateral removal, and direct salary payments, arguing the recall violated constitutional rights and due process. The court found the applicants' claims of procedural impropriety and lack of legal basis for recall valid, but dismissed the motion due to premature commencement without exhausting internal appeal mechanisms under the Teachers Service Commission Act and CORT regulations.
judicial reviewconstitutional rightsdue processunion constitution20 min read
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