Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimants sought declarations that the 2nd Respondent’s 2022 letter/circular was unlawful, their employment rights were violated, constitutional rights under Articles 41 and 47 of the Constitution were infringed, and the deduction of Kshs.94,000 from their salaries was unlawful, along with refunds and damages. The respondents denied wrongdoing, asserting compliance with directives from the Auditor General, County Assembly, Senate, and the SRC. The court consolidated the suits, heard testimony from claimants and respondents, and found that the claimants were full-time CPSB members not entitled to commuter allowance under the 2017 SRC circular, which superseded prior circulars, and that the County Government had not provided vehicles for pool transport, making the deduction lawful under the SRC’s authority.
constitutional rightsemployment rightspublic serviceremuneration15 min read
JudgmentStanley Njoroge Mwangi VS Solio Ranch 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's termination of the claimant was lawful under section 44(4)(g) of the Employment Act because the claimant was suspected of committing a criminal offence against the employer's property, as he was found in possession of company property without written authorization from the Board of Directors. The court found that the respondent had reasonable grounds to suspect theft, given the claimant's admission that some items lacked documentary proof of being gifted. The court rejected the claimant's argument that he was not served with a warning letter or given an opportunity to defend himself, noting that the termination followed the claimant's arrest and police investigations. The court ruled that the termination was fair and lawful, thus dismissing the claimant's reliefs for unfair termination and unlawful dismissal.
employment actunfair terminationsummary dismissalcriminal offence12 min read
JudgmentMary Nyawira Ngatia VS Baltic Textile Trading Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant, a former Shop Manager, challenged her summary dismissal as unlawful and unfair under section 41, 43, and 45 of the Employment Act. The respondent admitted the employment relationship but denied unlawful dismissal, asserting the termination followed valid grounds and fair procedure. The court found the dismissal was unfair because the same misconduct (stock discrepancies) had been previously addressed with a warning and performance evaluation period that lapsed without further issues. Reviving the matter after the attempted theft incident constituted double punishment, violating procedural fairness. The court ruled the dismissal was unlawful and unfair, and the claimant was entitled to compensation including terminal dues.
employment actunfair dismissalprocedural fairnesstermination of employment15 min read
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court set aside the trial court's finding that the respondent was unfairly terminated, ruling that the respondent failed to prove he was dismissed by the appellant via phone call on 28th August 2023. The court found that the respondent did not discharge the burden of proof under section 107 of the Evidence Act to demonstrate termination by the appellant, and instead, he stopped attending work without prior notice. The court substituted the finding that the respondent voluntarily left his job, thereby setting aside the awards of 12 months' salary compensation and one month's salary in lieu of notice.
unfair terminationemployment lawevidence actburden of proof12 min read
JudgmentMundia Mundia Njeru Geteria VS Embu County Government AND Governor Embu County Hon. Cecily Mutitu Mbarire AND 2 Others
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court dismissed the applicant's motion for mandamus to compel payment from Embu County Government and its officials, as the applicant failed to obtain the required certificate of order under Section 21 of the Government Proceedings Act, which mandates that 21 days after judgment or taxation of costs, a certificate must be issued before enforcement. The court found the applicant only provided a judgment and consent agreement but not the necessary certificates, making the application premature and without costs.
government proceedings actmandamuscertificate of orderenforcement of judgment5 min read
JudgmentAegis Construction Limited VS Richard Maina Kihenja
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the lower court's decision regarding the unlawful termination of the respondent's employment. The appellant challenged the trial court's findings on multiple grounds, including the misdirection on the claimant's termination, the failure to apply Section 30 of the Employment Act, 2007, and the erroneous conclusion that the respondent was not required to present a certificate of incapacity. The court found that the respondent's employment was terminated by the appellant without proper procedure, as the appellant did not serve a show cause notice or conduct a disciplinary hearing, and the respondent was not given a fair opportunity to defend himself. The court upheld the trial court's decision that the termination was unfair and unlawful, emphasizing the need for fair procedures under the Employment Act.
employment act, 2007unfair terminationcertificate of incapacitytermination by operation of law14 min read
JudgmentCPL ALEX MURIITHI NKANDA VS THE NATIONAL POLICE SERVICE COMMISSION AND THE INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE AND 1 Others
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court considered a motion filed by a petitioner seeking urgent certification, suspension of deployment from Mai Mahiu Traffic Sub-Base to Maganda Police Station, prohibition on interference with duties, contempt penalties for the Deputy Inspector General, and costs. The motion arose from the petitioner's claim that repeated deployments post-2021 court order breached constitutional rights and regulations. The court noted the 2021 judgment quashed a specific transfer but did not grant immunity from future deployments, and the petitioner's selective enforcement of the order after the judgment was criticized. The court found the motion should be allowed as the petitioner's recent deployments constituted contempt of the 2021 decree, but the case was later marked as fully settled after a settlement agreement was reached.
judicature actelrc actconstitutional rightspolice deployment9 min read
JudgmentKENYA UNION OF CLINICAL OFFICERS VS KIRINYAGA COUNTY PUBLIC SERVICE BOARD AND PUBLIC SERVICE COMMISSION OF KENYA AND 1 Others
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court upheld the respondent’s preliminary objection to the applicant’s motion for contempt proceedings, ruling that the motion was procedurally defective because it sought to punish public officials for contempt of court without first obtaining judicial review proceedings and an order of mandamus to compel compliance with the court decree. The court held that contempt proceedings against public officers for failure to comply with court orders require prior judicial review and mandamus to establish the officials’ duty to act, as per the precedent in Republic v The Attorney General & Another Exparte James Alfred Koroso (2013) eKLR. The motion was struck with costs for failing to follow the correct procedural steps under the Government Proceedings Act 2022 and Civil Procedure Rules 2010.
contempt of courtjudicial revieworder of mandamusgovernment proceedings act 20223 min read
JudgmentRiva Petroleum Dealers Limted VS Anthony Wanjohi Ndumia
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court quashed the lower court's ruling on the appeal, finding that the appellant erred by failing to properly challenge the leave to file suit out of time under section 90 of the Employment Act. The trial court incorrectly held that it could not sit on appeal over a fellow magistrate's leave order, but the court determined that the appellant could raise a preliminary objection to the time-barred suit during trial proceedings, as leave to file suit out of time is not a final order and can be challenged during the trial. The court ruled that the trial court erred in allowing the suit to proceed without addressing the time-barred issue during trial, and the appeal was allowed with the statement of claim struck out.
employment actlimitation periodpreliminary objectionleave to file suit8 min read
JudgmentStanley Njenga Mbugua VS Stepma Enterprises Limited
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 motion for urgent orders, including setting aside ex-parte orders and granting leave to respond, as the applicant was duly served with the Notice of Motion on 23rd January 2025 via email and phone number, and the orders were not made without opportunity to be heard. The court found the applicant's claims of constitutional breach and privacy violation unfounded, as the service methods were valid under Rule 28(1) of the ELRC Procedure Rules, 2024, and the applicant failed to attend court despite being served.
ex-parte ordersservice of processrule 28(1) elrc procedure rulesconstitutional breach3 min read
JudgmentAmos Mwangi Njoroge VS China Far East Construction Company Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court dismissed the appellants' appeals against the trial court's finding that they failed to prove an employment relationship with the respondent. The appellants alleged unlawful termination of employment by the respondent between July 2018 and 2020, but they did not produce written contracts or witnesses to support their claims. The trial court found that the appellants did not prove their employment relationship under section 107 of the Evidence Act, as they only submitted demand letters and no evidence of salary payments. The court upheld the dismissal with costs, noting the appellants failed to meet the burden of proof for employment and termination claims.
employment relationshipunlawful terminationevidence actbalance of probabilities7 min read
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, violation of constitutional rights, and breach of employment laws. The respondent admitted termination for misconduct after fair hearing and payment of dues. The court found the termination unfair due to lack of valid reason and fair procedure, including conflicts in the disciplinary panel and failure to follow staff handbook procedures. The court ruled in favor of the claimant, declaring unfair termination and awarding damages.
unfair terminationemployment actconstitutional rightsfair procedure18 min read
JudgmentLeonard Magira Muchiri VS China Far East Construction Company Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court dismissed the appellants' appeals, finding that they failed to prove an employment relationship with the respondent as alleged. The appellants did not provide sufficient evidence, such as written contracts or bank statements, to demonstrate they were employed by the respondent. The trial court concluded that the appellants did not meet the burden of proof under section 107 of the Evidence Act, and the appeals were dismissed with costs.
employment relationshipunlawful terminationburden of proofevidence act7 min read
JudgmentMoses Murithi Ndaguri VS China Far East Construction Company Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court dismissed the appellants' appeals, finding that they failed to prove they were employed by the respondent as alleged. The appellants did not provide sufficient evidence, such as written contracts or bank statements, to establish the employment relationship despite alleging oral contracts and payment of salaries. The respondent's witness denied the employment relationship and admitted that the appellants were casual employees not employed for more than three months. The court held that the appellants did not meet the burden of proof under section 107 of the Evidence Act, which requires proving facts on a balance of probabilities.
employment relationshipevidence actunlawful terminationburden of proof7 min read
JudgmentSalad Tutana VS County Government Of Isiolo
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The claimant, appointed County Chief Officer in Agriculture and Irrigation in 2023, was reassigned to DVTT in February 2024 and dismissed in August 2024. He alleged unlawful termination without valid reason, prior notice, or hearing. The respondent admitted the claimant's employment but claimed dismissal followed chronic absenteeism after reassignment, with warnings, a show cause letter, and a disciplinary hearing that the claimant failed to attend. The court found the dismissal lawful under the County Government Act and Employment Act, noting the claimant's chronic absenteeism and failure to respond to procedural steps. The claimant's arguments about improper service of notices and lack of hearing were rejected as the respondent followed procedural fairness despite the claimant's absence.
county government actemployment actdisciplinary hearingdismissal19 min read
JudgmentStephen Kiogora Guantai VS China Far East Construction Company Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court dismissed the appellants' appeals, finding that they failed to prove an employment relationship with the respondent as alleged. The appellants did not produce sufficient evidence, such as written contracts or bank statements, to establish that they were employed by the respondent. The trial court concluded that the appellants did not meet the burden of proof under section 107 of the Evidence Act, which requires proving facts on a balance of probabilities. The court emphasized that the appellants only produced demand letters and no other documentary evidence, and their witnesses did not corroborate the employment relationship.
employment relationshipevidence actunlawful terminationburden of proof7 min read
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The respondent issued redundancy notices to 23 permanent employees citing unsustainable wage bills due to salaries under the Wages (General) Order instead of the Wages (Agricultural Industry) Order. The claimant challenged the redundancies as unlawful, unfair, and procedurally flawed, seeking to declare the notices null and void and restrain the respondent from terminating employment. The court granted interim orders suspending terminations pending resolution, noting the redundancy process violated section 40(1) of the Employment Act by failing to follow mandatory procedures including proper notification to the union, selection criteria, and severance pay calculations.
employment actredundancycollective bargaining agreementwages (general) order15 min read
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court reviewed the appeal against the lower court's judgment on constructive dismissal. The appellant challenged the lower court's findings that the respondent was constructively terminated despite the respondent not making a prayer for constructive dismissal, the respondent's alleged absconding, shifting of burden of proof, failure to evaluate evidence, disregard for appellant's evidence, and underpayment of salary. The court found that the respondent deserted employment by failing to respond to the show cause letter and subsequent instructions to report to the HR office in Nairobi, thus concluding that the respondent's conduct constituted desertion rather than dismissal. The court upheld the lower court's award of Kshs.141,048.79 for unfair termination, salary for days worked in May 2022, house allowance, underpayment of salary for 8 months, and one-month salary in lieu of notice.
constructive dismissaldesertionshow cause letterunderpayment of salary12 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 appeal against the lower court's judgment in ELRC Cause No. E070 of 2022. The appellant challenged the trial court's allowance of the claimant's suit without giving the respondent a hearing, the finding of unfair termination without hearing the respondent's evidence, and the failure to evaluate the appellant's pleadings and evidence. The court found that the appellant was served with a hearing notice but failed to attend court, thus not being condemned without hearing; the trial court did not err by basing its judgment on the respondent's evidence alone as the appellant did not tender evidence to prosecute its defense; and the award of damages was well-founded and supported by evidence. The appeal was dismissed with costs to the respondent.
unfair terminationhearing noticeevidence evaluationpleadings8 min read
JudgmentKenya Union Of Domestic, Hotels, Education Institution & Hospital Workers (kudheiha) VS State Law
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 where the claimant sought payment of retirement benefits including gratuity and salary arrears, and a certificate of service. The respondent denied liability, arguing that the contract of employment did not provide for gratuity and that NSSF contributions served as the retirement scheme. The court found that the respondent's retirement letter of 30th April 2021 voluntarily offered gratuity of Kshs.399,280 for 28 years of service, which the claimant accepted, making the payment enforceable despite the contract not explicitly providing for gratuity. The court also ordered payment of salary arrears of Kshs.15,135 and a certificate of service.
gratuityretirement benefitssalary arrearscontract of employment5 min read
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