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
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
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
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
JudgmentSamuel Ndungu Gichure AND Winfred Wangechi Theuri AND 2 Others VS The Commissioner For Co-operatives AND G.k.karuku
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court determined that the applicants' current suit is res judicata because the same matter was previously decided by the court in a judicial review application dismissed on 25th February 2020. The court found that the applicants, who had previously sought mandamus to compel payment of a decretal sum, did not challenge the earlier judgment and thus became estopped from re-litigating the same issue. The court applied the doctrine of res judicata as per section 7 of the Civil Procedure Act, ruling that the suit is barred due to the prior final decision on the merits by the same court, and struck out the entire suit without costs.
res judicatajudicial reviewmandamuscivil procedure3 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
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
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
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
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
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