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
JudgmentKenya Union Of Domestic, Hotels, Educational Institutions And Hospitals (kudheiha) Workers VS The Board Of Governors Mukurweini Technical Training Institute
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 did not meet the legal threshold of a simple majority (18 out of 22 unionisable employees) for recognition as the membership had dropped to 11 members by the time of filing the suit, thus declining the prayer for a recognition agreement. However, the court granted an injunction restraining the respondent from intimidating, coercing, victimizing, or harassing union members, as the right to join a trade union is protected by the Constitution. The court also allowed the claimant to continue recruiting members to seek recognition afresh under section 54 of the Labour Relations Act.
labour relations actsimple majorityrecognition agreementinjunction8 min read
JudgmentJames Irungu Loise VS Murang'a University Of Technology
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court addressed whether a public officer can be dismissed for off-duty misconduct. The claimant, employed as an Accounts Clerk by the respondent university, was dismissed for misconduct while serving as treasurer and chairman of Murang’a University SACCO (MUSACCO). The respondent argued the claimant violated constitutional provisions, the Leadership and Integrity Act, Public Officer Ethics Act, and University HR policies by mismanaging SACCO funds, leading to gross misconduct. The court upheld the dismissal, ruling the claimant’s actions constituted gross misconduct under public officer ethics laws, as the misconduct occurred in his role as a SACCO official, which the respondent considered a public office function.
public officer ethics actleadership and integrity actconstitutional lawdisciplinary procedure31 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
JudgmentKENYA UNION OF COMMERCIAL, FOOD AND ALLIED WORKERS VS NEW MURARANDIA FARMERS COOPERATIVE SOCIETY
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, a registered trade union, is entitled to a 5% annual wage increase for 2020/2021 and 2021/2022 (totaling 10% over two years) based on the CPPMD report showing inflation at 4.7% per year, and that the respondent must sign the new CBA within 30 days. The court found the respondent's financial claims unverified due to withheld information, rejected the 7% annual wage increase offer as invalid due to the unionized secretary manager's conflict of interest, and ruled that the 5% increase is sustainable given the respondent's labor costs. The court dismissed the respondent's arguments about financial constraints and redundancies as insufficient to justify rejecting the wage increase.
collective bargaining agreementwage increaseinflationfinancial sustainability8 min read
JudgmentJames Kamau Muiru VS Kenya National Library Service Board
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 entitled to salary arrears of Kshs.465,863 accrued before his transfer to the third party on 1st July 2023, which the respondent never paid. The respondent and third party are jointly and severally liable to pay the arrears, with the court holding that the transfer of liabilities was not properly addressed in the IPA dated 15th November 2023. The court dismissed the respondent's arguments that the claims were time-barred, unapproved by the Salaries and Remuneration Commission, or should have been filed in the Magistrates' court, as the claimant's salary was above Kshs.80,000. The court awarded costs and interest at court rate from the date of filing.
employment actsalaries and remuneration commissiontransfer of functionsjoint and several liability8 min read
JudgmentJohn Wanyeki Kingori VS Kenya National Library Service Board
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 is entitled to salary arrears of Kshs.689,281 accrued before transfer of services to the third party. The respondent and third party are jointly and severally liable for payment of the arrears, with costs and interest at court rates. The court held that the parties should resolve any dispute over sole liability through the IPA dated 4th October 2023, as the IPA avoided addressing existing liabilities during the transfer of library functions.
salary arrearsjoint liabilityemployment actconstitutional transfer of functions4 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
JudgmentPETER NJUGUNA KING’ORI VS NAWIRI DT 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 claimant's termination did not occur during the probation period, as the six-month probation ended on 31st July 2023. The court found the termination unlawful and unfair because the employer failed to prove a valid and fair reason for dismissal, as the claimant's absences were due to illness with medical evidence and communication to supervisors. The claimant was not accorded a fair hearing before termination, as he responded to the show cause letter and the employer did not rebut his allegation of a response. The court dismissed the claimant's suit for unfair dismissal with costs.
unfair dismissalprobation periodtermination proceduremedical evidence11 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
JudgmentKenya Union Of Commercial Food And Allied Workers VS Equatorial Nut Processors
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
A registered trade union brought a claim on behalf of nine employees who were allegedly constructively dismissed by their employer after being placed on indefinite unpaid leave from August 2023 until September 2023. The employees claimed the employer's actions constituted unfair and unlawful termination, seeking reinstatement or, alternatively, one-month salary in lieu of notice, compensation for unlawful termination, accrued leave, underpayment of wages, service gratuity, and certificates of service. The court found the indefinite unpaid leave amounted to constructive dismissal due to the employer's failure to pay salaries, which is a serious breach of contract. The court awarded one-month salary in lieu of notice, compensation for unfair termination based on length of service (10 or 12 months), and certificates of service, dismissing claims for underpayment of wages and accrued leave due to lack of evidence and specificity.
constructive dismissalunfair terminationemployment lawtermination of employment7 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
JudgmentDENISH ODOYO GUYA VS BRITISH ARMY TRAINING UNIT (BATUK) KENYA
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Claim/Causes
The court consolidated five suits brought by former employees challenging their summary dismissals for gross misconduct. The claimants sought declarations of unlawful dismissal, compensation, terminal dues, accrued leave, and costs. The respondent denied liability, asserting the dismissals were lawful and the claimants' appeals were unsuccessful. The court found the dismissals unlawful due to the respondent's failure to provide proper disciplinary procedures and evidence of misconduct, ruling that the claimants were entitled to the reliefs sought.
employment lawdismissalunfair dismissalterminal dues24 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
JudgmentArcon Works Limited VS CIC General Insurance Limited AND Martha Wangui Waitiki
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
JudgmentKENYA NATIONAL UNION OF NURSES VS KIRINYAGA COUNTY PUBLIC SERVICE BOARD AND public service commission
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court addressed an application for contempt against county government officials for allegedly disobeying a court order dated 30th July 2024. The applicant sought orders including reinstatement of 188 members, commitment to jail, and removal from office. The court found the application premature and defective as it failed to comply with section 21 of the Government Proceedings Act, which requires specific procedural steps before enforcing court orders against government entities. The court dismissed the application with costs, noting that contempt proceedings against individual government officers require adherence to statutory execution procedures.
contempt of courtgovernment proceedings actreinstatementcounty government10 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
JudgmentREPUBLIC AND KIRINYAGA COUNTY GOVERNMENT VS public service commission AND KENYA NATIONAL UNION OF NURSES ON BEHALF OF JUDITH GATHONI MWANGI & 187 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 ex-parte motion seeking contempt of court orders against the 2nd Respondent for allegedly disregarding the court's April 27, 2023 orders. The motion claimed the 2nd Respondent was in contempt by prosecuting Misc. Application No. 1 of 2021, which sought enforcement of the 1st Respondent's March 3, 2021 decision. The court found the motion was overtaken by events as the court had already ruled on the Misc. Application on July 26, 2024, rendering the contempt proceedings without merit. The court dismissed the motion with costs, noting the 2nd Respondent's actions were not contemptuous as the court had previously resolved the matter.
contempt of courtex-parte motionjudicial reviewmiscellaneous application3 min read
JudgmentFrancis Isaiah Simiyu VS Protective Custody Limited
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court granted leave to appeal out of time for the applicant Francis Isaiah Simiyu against the judgment of the Magistrate Court in Nyeri CMELRC Cause No. E031 of 2023. The applicant argued that the delay in filing the appeal was due to an honest mistake by counsel, not deliberate, and the delay was not inordinate. The court found the applicant met the legal threshold for extension of time, including no undue delay, a reasonable explanation for the delay, and no prejudice to the respondent. The court ordered the appeal to be filed within 30 days and the applicant to pay Kshs 10,000 in costs.
appealleave to appealprocedural delayhonest mistake8 min read
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