Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The High Court dismissed the plaintiff's suit seeking relief against the respondent for failing to settle a decree obtained in Nyeri ELRC Misc. Application No.E001 of 2023. The plaintiff claimed the respondent was bound by law to settle the decree and pay damages under a WIBA insurance policy (Policy No. 017/113/1/004352/2018/03), but the court found the plaintiff breached the insurance contract by failing to notify the respondent in writing within 7 days of the accident on 17th October 2018, as evidenced by emails sent two years later. The court held the plaintiff's breach of the insurance policy terms under clause 5 and clause 3 of the policy, which required immediate written notification, rendered the suit without merit, though the plaintiff was not ordered to pay costs.
wiba insurance policycontract breachinsurance notificationdecree enforcement6 min read
JudgmentJosephine Wangui Wachira VS British American Tobacco Kenya Plc
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court dismissed the Applicant’s application for leave to file suit against British American Tobacco for unlawful redundancy after the limitation period, finding that the claim was stale and beyond resuscitation. The court held that the limitation period under the Limitations of Actions Act had lapsed, as the cause of action accrued in 2001 and the claim was brought 24 years later. The Applicant’s arguments regarding disability, fraud by counsel, and excusable mistake were rejected due to the unreasonable delay and lack of disability at the time the cause of action arose. The court emphasized that the limitation period is strict and cannot be extended to revive stale claims, as per the principle of 'interest reipublicae ut sit finis lituim' to prevent unreasonable delay.
limitations of actions actunlawful redundancyextension of limitation perioddisability7 min read
JudgmentKENYA PLANTATION & AGRICULTURAL WORKERS UNION VS KENYA TEA DEVELOPMENT AUTHORITY (NDIMA TEA FACTORY)
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court addressed a dispute over alleged unfair termination of employment involving Mr. Anthony Mwangi Gathu, who was suspended by Ndima Tea Factory Company Limited under a CBA with the claimant trade union. The grievant claimed unlawful suspension and dismissal, seeking reinstatement, salary arrears, and compensation, while the respondent argued the termination was fair after a disciplinary hearing. The court found the suspension unjustified due to lack of proper investigation and the grievant’s consistent compliance with procedures, ruling that the respondent failed to prove gross misconduct and the suspension was unlawful, thus ordering reinstatement and compensation for wrongful termination.
employment lawunfair terminationsuspensiondisciplinary hearing20 min read
JudgmentPatrick Kamunya Wambui VS WANANCHI SACCO SOCIETY LIMITED
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the respondent failed to prove the claimant was terminated for valid reasons or fair procedure under the Employment Act. The termination letter lacked specific particulars of the offences, and there was no evidence linking the claimant to the alleged loan irregularities. The respondent did not rebut the claimant's evidence that fake documents were prepared by others, and the disciplinary process did not follow fair procedure as required by section 41 of the Employment Act. The court held the termination was unlawful and granted the claimant's relief for 16 years of lost retirement benefits.
employment actunfair terminationfair proceduredisciplinary hearing12 min read
JudgmentGeoffrey Kabui Karume VS Tana Water Works Development Agency
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant alleged unfair termination by the respondent, seeking compensation for unfair termination, salary for October and November 2023, and other reliefs. The respondent denied unfair termination, claiming valid reasons and fair procedure. The court found the termination lawful as the claimant admitted his fake certificates and failed to attend the disciplinary hearing, with his resignation letter being deemed backdated and rejected due to pending disciplinary proceedings. The court dismissed the claim with costs.
employment terminationdisciplinefake certificatesresignation letter13 min read
JudgmentKenya Union Of Commercial Food And Allied Workers VS Kangunu Farmers Co-op Society Ltd
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the respondent, a farmers cooperative society, was bound to implement the two Collective Bargaining Agreements (CBAs) for 2016-2018 and 2018-2020 as awarded by a prior judgment on 27th October 2023, and pay the calculated arrears of Kshs.1,507,963.20. The respondent failed to enter appearance in the suit, and the claimant, a registered trade union, sought implementation of the CBAs, payment of new salaries from 1st October 2019, and arrears within thirty days. The court granted the claimant's relief for implementation of the CBAs, payment of salaries, arrears, and costs, noting the respondent's non-appearance and the prior court's award of 6.5% salary increments for the specified periods.
collective bargaining agreementstrade disputesalary incrementsarrears payment3 min read
JudgmentKudheiha VS Board Of Management Njoguini Secondary School
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the grievants were underpaid salaries and housing allowances by the respondent from May 2018 to November 2024. The claimant alleged underpayment under the 2018 and 2022 General Wage Orders, but the court found the school location outside Nyeri Municipality, so minimum salaries fell under column 4 of the Wage Orders. The court ordered payment of underpaid salaries and housing allowances based on the applicable wage orders for each grievant, with the total amount computed as Kshs.1,729,787.12.
wage ordersminimum wagehousing allowancelabor law5 min read
JudgmentPeter Gathura Kihuha VS TEACHERS SERVICE COMMISSION AND B.O.M Gakuyu Mahiga Secondary School
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant sought declaration of unfair dismissal, compensation for termination, unpaid salary, certificate of service, and costs. The respondent denied unfair dismissal, asserting lawful dismissal for gross misconduct after fair procedure. The claimant argued procedural unfairness due to denial of access to complainant's written statement, inability to cross-examine witnesses, and confusion over the date of the alleged offence. The court found the dismissal procedurally unfair as the claimant was denied fair hearing due to procedural irregularities, including failure to provide written statements and cross-examine witnesses, leading to the dismissal being quashed.
unfair dismissalprocedural fairnessemployment actdiscipline19 min read
JudgmentKudheiha VS The Board Of Management Kiangochi Secondary School
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant, a registered trade union representing Mr. William Muriuki Muiyuro, alleged unfair dismissal by the respondent in contravention of sections 35, 41, and 43 of the Employment Act. The dispute was referred for conciliation at the Labour Office but unresolved, leading the claimant to seek reliefs including underpayment of salary, pay in lieu of notice, annual leave, off days, pending salary, unremitted NSSF dues, service gratuity, and compensation for unfair termination. The respondent denied termination and claimed the claim was vexatious, asserting the grievant failed to report after criminal case termination. The court considered whether the grievant was unlawfully terminated and whether the reliefs were merited, with the respondent arguing no evidence proved wrongful termination. The court did not specify the final decision but the summary focuses on the dispute and key issues.
employment actunfair dismissalconstructive dismissalsalary underpayment15 min read
JudgmentMark Denis Kibue Gichuru VS Joycot General Contractors Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant alleged unfair termination and unpaid wages, including salary arrears, terminal benefits, overtime, and statutory deductions. The respondent admitted owing salary arrears of Kshs. 214,373 but denied unfair termination, claiming the claimant deserted employment without notice. The court found the claimant was unlawfully terminated without reasons, and the respondent was ordered to pay salary arrears, unpaid total station machine invoice, and costs, while dismissing claims for severance pay, overtime, and leave benefits due to the claimant's short service period and lack of evidence for termination.
employment lawunfair terminationsalary arrearsstatutory deductions17 min read
JudgmentCounty Government Of Marsabit VS Kenya Union Of Clinical Officers (kuco)
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the claimant had locus standi to sue as the employer and employees were engaged in essential services (hospital services) prohibited by section 78(1)(f) and 81(3) of the Labour Relations Act. The suit was not premature under section 77(1) and 81(4) of the Act. The court found the impugned strike was unprotected and illegal as the respondents' members were essential service providers barred from strikes under the Act, despite the respondents' arguments about constitutional rights and prior agreements.
labour relations actstrike prohibitionlocus standiessential services12 min read
JudgmentJackson Otieno VS Fairmont Mount Kenya Safari Club
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the respondent's termination of the claimant's probationary contract was unfair because the claimant was not accorded a fair hearing before dismissal, despite the respondent citing poor performance as the reason. The court found that the respondent failed to follow fair procedure under section 41 of the Employment Act and Article 47 of the Constitution, as the claimant was not given a hearing before termination. The court held that the respondent's failure to provide a hearing and the lack of a valid evaluation report rendered the termination unlawful, thus the claimant was entitled to damages and terminal benefits.
employment actprobation periodfair hearingunfair termination10 min read
JudgmentVirginia Nyaguthii Wahome VS County Government Of Laikipia
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the claimant’s employment with the 1st Respondent ended on 30th September 2022, and her appointment as CEO of the 3rd Respondent was dependent on her role as Director of Peace and Development in the 1st Respondent. The court found that her exit from the 1st Respondent disqualified her from holding the 3rd Respondent’s CEO position under Article XII of the MOU, and the 1st Respondent’s letter of termination on 17th January 2023 was a reminder of the lapse of her contract, not unfair termination. The court dismissed the claim for lack of merit, noting that the claimant’s contract with the 1st Respondent lapsed automatically upon the Governor’s term ending, and the 3rd Respondent’s appointment did not supersede the prior contract.
employment contractunlawful terminationtermination of employmentmou19 min read
JudgmentKirinyaga University VS University Academic Staff Union AND Kirinyaga University Chapter
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court granted mandamus orders compelling the County Government of Embu and the County Public Service Board to pay Kshs.2,398,833.30 as ordered in Nyeri ELRC Petition No.15 of 2017, following the respondents' failure to settle the judgment debt despite being served with a certificate of order. The court determined that the respondents, as public officers, had a duty to pay the decretal sum and costs, and the applicant was awarded costs plus interest at court rates.
judicial reviewmandamuspublic officersjudgment debt3 min read
JudgmentDuncan Nderi Kirigo VS Othaya Mukurwe-ini-water Services Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the claimant had a legitimate expectation of contract renewal based on the fixed-term employment agreement, which included performance-based renewal conditions. The claimant fulfilled the renewal conditions by scoring above the minimum performance target and applying six months before the contract expiry. The court found that the failure to renew the contract without assigning a reason constituted unfair termination, entitling the claimant to reinstatement, payment of terminal dues, and a certificate of service.
legitimate expectationfixed term contractrenewal conditionsunfair termination10 min read
JudgmentKENYA COUNTY GOVERNMENT WORKERS UNION NYERI (NYEWASCO BRANCH) VS NYERI WATER & SANITATION COMPANY LIMITED
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the claimant lacked locus standi to bring the suit as it was not a legally recognized entity with capacity to sue under the Labour Relations Act (LRA). The claimant, a branch of a trade union, did not have the legal capacity to sue as per section 25 of the LRA, which requires registration of the trade union as a body corporate under section 21. The suit was also premature as it failed to follow the conciliation process mandated by clause 52 of the Collective Bargaining Agreement (CBA) and section 62(1) of the LRA, violating the exhaustion doctrine. The court found that the claimant did not have an authorized representative or the legal standing to initiate the dispute in court, and thus the suit was struck out with costs.
labour relations actcollective bargaining agreementlocus standiexhaustion doctrine9 min read
JudgmentMOSES MWAURA WANYOIKE VS County Government of Laikipia AND COUNTY PUBLIC SERVICE BOARD OF LAIKIPIA
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant challenged his removal from the County Public Service Board, alleging unlawful termination without due process. The respondents admitted removing him from payroll and advertising a vacancy but claimed it followed his resignation. The parties settled with the claimant reinstated for his full six-year term, but disagreed on costs. The court found the claimant’s suit not frivolous, as it proceeded to full hearing and resulted in his reinstatement, thus awarding him costs plus interest.
removal from officedue process of lawcosts of suitconsent settlement2 min read
JudgmentKENYA UNION OF COMMERCIAL,FOOD AND ALLIED WORKERS VS MURANG’A WEST WATER & SANITATIONS COMPANY LIMITED
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court allowed the Applicant's motion to join the Kenya County Government Workers Union as an interested party in the suit to enable it to file a substantive response. The Applicant argued that it now represents a simple majority of the Water company employees following mass withdrawal of membership from the Claimant, and that the Claimant lacks the required simple majority under section 54(1) of the Labour Relations Act. The Court determined that the Applicant meets the threshold for joinder as it is the correct union to negotiate terms of service under section 54(1) and (2) of the LRA, and that the dispute cannot be effectively resolved without the Applicant who has the legal mandate from the majority of unionisable staff.
employment and labour relations courtcollective bargaining agreementsimple majorityunion membership7 min read
JudgmentMaina Muriu VS Njuca Consolidated Company Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the claimant was constructively dismissed due to the employer's conduct, including sending him on compulsory leave without payment of half salary, repossession of his car, and failure to investigate or inform him of misconduct. The claimant proved his resignation was involuntary and caused by the employer's breach of contract. The court granted compensation of 12 months' gross salary (Kshs.1,140,000), salary arrears (Kshs.198,627), and ruled that NSSF and NHIF dues were not proven, while leave arrears for 2019-2020 were forfeited.
constructive dismissalemployment contract breachcompensationsalary arrears9 min read
JudgmentMaina Muriu VS Njuca Consolidated Company Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court determined that the claimant was constructively dismissed from employment due to the respondent's conduct, including failure to provide investigation results, repossession of the claimant's car, and non-payment of half salary during compulsory leave. The court found the resignation was involuntary and not voluntary, as supported by the claimant's evidence and the respondent's failure to adduce evidence to counter the claim. The claimant was entitled to 12 months' gross salary compensation under section 49(1)(c) of the Employment Act, salary arrears for August to December 2023, but not NSSF, NHIF dues, or leave arrears for 2019-2020 as those were forfeited.
constructive dismissalemployment contract breachcompulsory leaveunpaid salary8 min read
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