Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appeal court reviewed the claim of unlawful termination of employment where the appellant alleged unfair dismissal without valid reason or fair procedure. The trial court had found the appellant failed to prove unfair termination on a balance of probabilities, noting he signed a discharge voucher acknowledging receipt of all dues and confirming no further claims. The appeal court upheld this finding, rejecting the appellant's claim that the discharge voucher waived his right to compensation for unfair termination, as the appellant admitted he did not receive termination letters and had only one warning letter despite company policy requiring three warnings for termination. The court concluded the appellant voluntarily left work to claim dues after receiving two warnings, thus terminating employment without unlawful dismissal.
unlawful terminationemployment terminationdischarge voucherbalance of probabilities13 min read
JudgmentSofi Lekwale VS Namunyak Wildlife Conservation Trust AND Namunyak Conservancy Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court found that the petitioner's petition met the competence threshold for constitutional pleading, as it clearly identified the violated constitutional rights (Articles 28, 35, 41, 47) and the manner of violation (failure to comply with section 22 of the Work Injury Benefit Act). The court declared that the respondents violated the petitioner's constitutional rights to dignity, right to information, fair labour practices, and fair administrative action by failing to report the occupational accident death to the Directorate of Occupational Safety and Health services and provide the required notice. The court ordered a declaration of violation, compensation of Kshs.700,000 for constitutional violations, and costs with interest, declining the claim for service pay due to the deceased's NSSF contributions.
constitutional rightswork injury benefit actoccupational accidentright to information8 min read
JudgmentTAMARIND MANAGEMENT LIMITED VS ELIJAH GICHUKI GATHERU
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court determined that the appellant unlawfully terminated the respondent's employment without following the required redundancy procedures under section 40 of the Employment Act, 2007. The trial court found the termination was unlawful due to the failure to adhere to redundancy procedures, awarding damages, severance pay, unpaid house allowance, one-month salary in lieu of notice, and a certificate of service. The appellant appealed, arguing the termination was valid under the doctrine of frustration due to the Covid-19 pandemic, but the court upheld the trial judgment that the redundancy procedures were not followed and the termination was unlawful.
employment act, 2007redundancy proceduresdoctrine of frustrationunlawful termination22 min read
JudgmentFrigoken Limited VS Margdaline Khamitwa Musotsi
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 termination of employment by the appellant. The respondent claimed unlawful termination on account of redundancy, while the appellant argued the termination was due to low plantings and the respondent signed settlement agreements relinquishing claims. The court found the termination was unlawful as it did not follow section 40 of the Employment Act, which requires specific procedures for redundancy. The court upheld the award of 12 months' salary as compensation for unlawful termination, rejecting the appellant's argument that the settlement agreements barred the claim.
employment actunlawful terminationredundancysettlement agreements12 min read
JudgmentJOHN WARURU NGUNJU & 16 OTHERS VS State Law AND KENYA FOREST SERVICE
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court addressed a petition by employees alleging constitutional violations by the 1st respondent (Kenya Forest Service) for failing to promote them despite qualifications. The petitioners claimed the 2023 recruitment ad for Inspector Cadets violated HR policies and the Constitution by excluding them from internal promotions. The court found the petitioners proved the respondent violated its own HR Policy Manual (section 2.34) by not exhausting internal recruitment before advertising externally, constituting unfair labour practices under Article 41. The court granted a declaration of violation but dismissed other reliefs due to insufficient evidence on discrimination and policy compliance.
constitutional rightsfair labour practicesunfair discriminationhr policy compliance9 min read
JudgmentSalad Boru Gurcha VS The Speaker- County Assembly Of Isiolo AND The County Assembly Service Board, Isiolo County
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court heard motions from the petitioner seeking urgent certification, temporary suspension of the respondents' decision to place them on compulsory leave, and orders restraining respondents from ejecting or impeding their occupation of the Clerk-Isiolo County office. The respondents opposed the motions, claiming the petitioner's applications were frivolous and lacked jurisdiction. The court granted the motions as the parties agreed to consolidate the motions, and the respondents' objections were dismissed due to the urgency and compromise reached.
compulsory leavecounty assemblyex parte ordertemporary suspension26 min read
JudgmentRoben Aberdare Limited VS Simeon Misati Merabe
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 dismissal of their counter-claim and award of relief to the respondent, arguing the trial magistrate erred in law and fact by dismissing the appellant's prayers, failing to subject the award to statutory deductions, not finding valid termination reasons, taking irrelevant considerations, and not addressing pleadings and evidence. The trial court had found the dismissal unlawful and unfair, awarding compensation for unfair termination and salary in lieu of notice, but dismissed claims for unremitted NSSF and house allowance. The appeal court upheld the trial court's findings that the dismissal was unlawful and unfair, rejecting the appellant's arguments that the trial court erred in statutory deductions, failure to find valid termination reasons, or taking irrelevant considerations.
employment contracttermination of employmentunfair dismissalstatutory deductions18 min read
JudgmentKenya Union Of Pre-primary Education Teachers VS Salaries And Renumeration Commission AND Muranga County Public Service Board AND 3 Others
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The petitioner, a trade union representing ECDE teachers, sought declarations and orders against respondents (Murang’a County Assembly, Public Service Board, and others) alleging failure to implement the Salaries and Remuneration Commission’s advisory on ECDE teachers’ remuneration. The court dismissed the petition, finding the petitioner failed to prove the respondents breached constitutional or statutory obligations, and the SRC’s advice was binding on county governments as per prior court rulings. The court held the petition was premature, violated the collective bargaining process, and lacked sufficient evidence to establish legal violations.
salaries and remuneration commissionecde teachersconstitutional rightscollective bargaining18 min read
JudgmentPeter Wachira Wambugu VS H. Young & Co ( East Africa) Ltd
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court dismissed the respondent's Notice of Preliminary Objection to the petition, finding that the cause of action is not time-barred due to the respondent's failure to comply with statutory forms under the Work Injury Benefits Act (WIBA), the petition does not offend the doctrine of constitutional avoidance as it seeks to compel statutory compliance, and the petition does not violate the exhaustion doctrine as it functions as a holding suit to enforce statutory obligations. The court ruled that the respondent's failure to fill the DOSH form constitutes a continuing injury, and the petition is valid for compelling compliance with statutory processes.
work injury benefits actconstitutional avoidanceexhaustion doctrinestatutory compliance5 min read
JudgmentIhururu Housing Investment Co-operative Society Ltd VS Grace Nyambura
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
JudgmentEric Muriithi Muchina VS Board Of Director Kirinyaga County Water And Sanitation Company AND Speaker Kirinyaga County AND 2 Others
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The Kenyan High Court considered a constitutional petition filed by a Kirinyaga County Assembly Member challenging KICOWASCO's recruitment of 22 employees. The petitioner alleged constitutional violations (Articles 10 and 174), breaches of Mwongozo Guidelines, Public Finance Management Act, and WASREB regulations due to unremitted supplier bills and pensions, lack of budgetary appropriation, and failure to involve the public. The respondents argued the recruitment followed constitutional and statutory procedures, with vacancies advertised per the County Government Act after Board approval. The court found the petition failed the competence threshold for constitutional petitions as it did not sufficiently detail the alleged constitutional violations and procedural improprieties. The court dismissed the petition with costs, ruling it was overtaken by events and lacked legal and factual foundation.
constitutional petitionpublic finance management actmwongozo guidelineswater service regulatory board11 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
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The petitioner challenged the 1st respondent's actions of deploying and demoting them from Chief Principal at Manyatta Technical and Vocational College to Senior Principal at Jeremiah Nyaga National Polytechnic on 12th-18th September 2024, alleging unconstitutional transfer, demotion, threats, and violations of constitutional rights under Articles 23, 27, 41, 47, and 232(a) of the Constitution. The court granted a conservatory order pending determination of the petition, with the respondents arguing the case was premature due to failure to exhaust internal appeal under Section 74 of the PSC Act, while the petitioner asserted the PSC internal appeal mechanism was inapplicable for human rights violations and the transfer was arbitrary and unconstitutional.
constitutional rightstransferdemotionadministrative action18 min read
JudgmentDOMINIC MURITHI NYAGA &46 OTHERS VS EMBU COUNTY GOVERNMENT AND EMBU COUNTY PUBLIC SERVICE BOARD AND 2 Others
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The petitioners, 47 Enforcement Officers employed by Embu County Government from 2013 to 31 October 2023 under fixed-term contracts, sought conversion to permanent and pensionable terms after their contracts lapsed on 31 October 2023. They alleged constitutional violations (Articles 2, 10, 19, 20, 22, 27, 41, 47, 50, 73, 174) and fair labour practice breaches, claiming legitimate expectation for renewal based on past renewals and a supervisor's 2016 recommendation. The respondents argued the contracts lapsed by effluxion of time, the petition was premature under the exhaustion doctrine (section 77 of the County Government Act), and the dispute should have been appealed to the Public Service Commission. The court granted interim orders restraining removal from payroll but dismissed the petition for lack of merits, finding the contracts lapsed and the petitioners failed to meet the exhaustion doctrine exception threshold.
fixed term contractslegitimate expectationconstitutional rightsexhaustion of remedies13 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
JudgmentFrancis Chubi Mwangi AND Proactive Team Laikipia Community Based Organization VS The Speaker County Assembly of Laikipia AND THE LAIKIPIA COUNTY ASSEMBLY SERVICE BOARD
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court determined that the petition was overtaken by events due to the 2024 judgment in Petition E012 of 2023 which reinstated the substantive clerk to the position of Clerk of the County Assembly of Laikipia. This rendered the judicial reliefs sought by the petitioners moot, as the appointment of the acting clerk was no longer relevant following the reinstatement of the substantive clerk. The court found that the petitioners failed to establish the necessary legal basis for the reliefs and that the respondents' actions did not constitute a constitutional violation given the reinstatement of the substantive clerk.
judicial reviewseparation of powersconstitutionscounty assembly13 min read
JudgmentFRANCIS CHUBI MWANGI AND PROACTIVE TEAM LAIKIPIA VS County Government of Laikipia AND County Assembly of Laikipa
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court dismissed the petition for judicial review seeking to quash the establishment and advertisement of the Deputy Clerk Administrative Services position in Laikipia County Assembly. The Petitioner claimed the decision contravened constitutional provisions and county laws by creating a duplicate position where one Deputy Clerk already existed, but the court found the Respondents followed due process under the County Governments Act and County Assembly Service Act, with the position established through a competitive recruitment process that did not overlap with existing roles. The court held the petitioners failed to prove constitutional violations or demonstrate the required legal basis for quashing the decision.
judicial reviewconstitutional violationcounty government actcounty assembly service act15 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
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