Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court reviewed an appeal against a trial court's finding that there was an employment relationship between the parties, which was unfairly terminated by the appellant. The appellant challenged the trial court's conclusion that the respondent was an employee, arguing there was no evidence of a contract of employment, and claimed the trial court improperly nullified a rent tribunal judgment. The court found the trial court correctly determined the respondent was an employee based on oral employment terms, conduct, and evidence from witnesses, and that the termination was unfair due to lack of proper notice and valid reason. The court upheld the trial court's decision to award compensation for unfair termination and service pay.
employment relationshipunfair terminationcontract of employmentrent tribunal15 min read
JudgmentGathuthi Tea Factory Company Limited VS Gerald Wachira Kamunya
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant challenged the lower court's decision on grounds that the respondent was a seasonal worker with contracts ending at the end of each season, all dues were paid upon contract expiry (admitted by respondent), and specific awards for pro-rata leave (Kshs.79,051), overtime (Kshs.12,980), unremitted NSSF deductions (Kshs.29,600), and unremitted NSSF dues (Kshs.25,600) were unsupported by evidence or lacked particulars. The court found the trial judge erred by awarding these sums without evidence, as pay slips showed the respondent was paid pro-rata leave and overtime, and the respondent admitted NSSF contributions were remitted. The appeal succeeded in setting aside the awards.
seasonal employmentpro-rata leaveovertime payunremitted nssf deductions11 min read
JudgmentGathuthi Tea Factory Company Limited VS Rose Mercy Wambui Kaguru
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant challenged the lower court's decision on grounds that the trial magistrate erred in law by failing to appreciate the respondent was a seasonal worker with contracts expiring at the end of each season, and that all dues were paid. The appellant also argued the magistrate awarded pro-rata leave (Kshs.88,941), overtime (Kshs.15,180), and unremitted NSSF deductions without proper evidence or particulars. The court found the trial court's award of these amounts lacked support in the pleadings and evidence, as pay slips showed the respondent was paid leave and overtime, and the unremitted NSSF claims were inconsistent with the respondent's admission that the appellant remitted NSSF for the seasonal contract months.
employment lawseasonal contractspro-rata leaveovertime pay11 min read
JudgmentMichael Kamau Mutahi VS Kenya Biologics Ltd
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the trial court's judgment regarding termination of employment and reliefs sought. The court determined that the respondent terminated the appellant's employment unlawfully and unfairly because the appellant was dismissed for refusing to sign a proposed amendment to his contract of employment without being provided adequate information or opportunity to understand the changes, which the appellant reasonably believed would phase out his position. The court found that the appellant was entitled to the reliefs sought in his memorandum of claim, including salary underpayment, overtime, leave, and severance pay, as the termination was not due to redundancy but rather refusal to comply with operational policies. The court also held that the appellant was not estopped from claiming further dues despite an acknowledgment of receipt of Kshs.48,144 as full and final terminal dues.
employment actunfair terminationcontract of employmentrefusal to sign amendment20 min read
JudgmentEsther Njeri Kiarie VS Board Of Management Nguku Secondary School
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the trial magistrate's judgment dismissing her unfair dismissal claim. The appellant argued that the respondent failed to prove valid termination reasons and procedural fairness, citing the Employment Act and relevant cases. The trial court found the appellant did not prove her case and dismissed the suit with costs. The appeal court upheld the trial court's decision, finding the appellant did not meet her burden of proof on the grounds that the respondent provided sufficient evidence of termination reasons and procedural compliance, including the appellant's failure to respond to a show cause letter and disciplinary issues.
unfair dismissalemployment actprocedural fairnesstermination notice15 min read
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court dismissed the appellant's motion seeking payment of 11 months' salary and gratuity. The court found that the appellant failed to properly plead and prove that the service charge (Kshs. 31,058.51) was part of his salary for the suspension period, as it was dependent on sales performance and not a fixed monthly payment. The court also upheld that gratuity is subject to statutory deductions including PAYE tax, as the appellant did not challenge the original judgment's direction. The appellant was ordered to pay costs of the motion.
employment lawsalary calculationgratuitypaye tax6 min read
JudgmentCounty Government Of Kirinyaga AND Kirinyaga County Secretary VS Hon.peter Ndambiri Njagi
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court granted a stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules. The applicant sought stay of the judgment dated 15 October 2024, arguing that the respondent's whereabouts and financial capacity to repay the decretal sum of Kshs.5,700,000 were uncertain, and that granting stay was necessary to prevent substantial loss. The court found the delay in filing the application was not unreasonable and that the applicant met the threshold for substantial loss as the respondent failed to prove his capacity to repay the decretal sum. The applicant was ordered to deposit Kshs.5,000,000 as security for the due performance of the decree within 45 days.
stay of executioncivil procedure rulessubstantial losssecurity for decree5 min read
JudgmentCounty Government Of Kirinyaga AND Kirinyaga County Secretary VS Hon.peter Ndambiri Njagi
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court granted a stay of execution pending appeal for the applicant, who sought to halt enforcement of a judgment due to the respondent's uncertain whereabouts and financial capacity to repay the decretal sum. The court found the applicant met the legal threshold under Order 42 Rule 6 of the Civil Procedure Rules, as the delay in filing the application was not unreasonable and the respondent failed to prove his capacity to repay the decretal sum should the appeal succeed. The applicant was ordered to deposit Kshs.5,000,000 as security for the decree's due performance within 45 days, with the stay lapsing if the condition was not met.
stay of executioncivil procedure rulessubstantial losssecurity for decree6 min read
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the Principal Magistrate's judgment dismissing their claim for unfair termination, arguing the trial court erred in holding the claimant failed to prove unfair termination due to lack of service with a show cause letter and disciplinary hearing. The court found the appellant was served with a summons on 30th September 2019, attended a disciplinary hearing but declined to appear, and was terminated lawfully under the Employment Act, 2007, with the termination being fair and just as per the evidence.
employment act 2007unfair terminationdisciplinary hearingshow cause letter14 min read
JudgmentJANE WANJA NDWIGA VS KATHAGERI YOUTH POLYTECHNIC
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant, who was employed as an Accounts Clerk by the respondent until July 2020, claimed unlawful termination after being given compulsory leave without pay during the COVID-19 pandemic. The trial court found unlawful termination and awarded ten months' salary plus one month's salary in lieu of notice, but dismissed claims for service pay/gratuity and underpaid wages due to lack of particulars and evidence. The appellate court allowed the appeal, ruling that the appellant proved entitlement to service pay/gratuity under section 35(5) of the Employment Act based on NSSF contributions and the settlement agreement, and that the claim for underpaid wages was not properly substantiated.
unlawful terminationservice pay/gratuityunderpaid wagescompulsory leave11 min read
JudgmentDel Monte Kenya Limited VS Ben Kimaiyo Kiptoo
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the trial court's judgment in a dispute over unlawful and unfair termination of employment. The respondent claimed the dismissal was unlawful and unfair, seeking compensation including unpaid leave for 15 years, one month's salary in lieu of notice, and damages for unfair termination. The trial court found the termination unlawful and unfair, awarded Kshs.410,700 in compensation, Kshs.68,450 in lieu of notice, and Kshs.718,724.90 for unpaid leave. The appellant argued the dismissal was justified under the Employment Act, citing evidence of theft, and that the trial court erred in shifting the burden of proof and awarding excessive compensation. The court upheld the trial court's findings that the dismissal was unlawful and unfair, rejecting the appellant's arguments on the grounds of valid termination procedures and the respondent's entitlement to compensation.
unlawful terminationunfair terminationemployment lawburden of proof16 min read
JudgmentD.B. Osoro & Company Advocates VS Daniel Ngatia Muriithi
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court of appeal considered an appeal from the trial court's judgment in a labour dispute where the appellant (Van KappeL Kenya Limited) challenged the award of notice pay, severance pay, and general damages for unlawful termination of the respondent (Daniel Ngatia Muriithi). The appellant argued the trial court erred by failing to grant them an opportunity to be heard, awarding notice pay exceeding the respondent's monthly salary, granting severance pay without specific pleading, awarding maximum 12 months' salary without justification, and failing to order statutory deductions. The court found the appellant was not denied hearing as their advocates were served with notice and an affidavit of service was on record; the award of notice pay and severance pay was justified under the Employment Act; the 12 months' salary compensation was discretionary and not subject to interference; and statutory deductions were automatic under the Employment Act. The appeal was dismissed with costs.
employment actunlawful terminationseverance paynotice pay16 min read
JudgmentD.B. Osoro & Company Advocates VS Philip Mwaura Ndungu
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court upheld the appellant's appeal on the grounds that the trial court erred by failing to grant the appellant an opportunity to be heard on its defence, awarding notice pay and severance pay without specific pleading, awarding notice pay exceeding the respondent's monthly salary, awarding severance pay not pleaded in the pleadings, and awarding maximum compensation without justification. The court found the appellant was not denied opportunity to be heard as its advocates were served with hearing notice and an affidavit of service was filed, and the award of damages was discretionary under the Employment Act.
employment actconstructive dismissalnotice payseverance pay16 min read
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