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
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
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
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
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
JudgmentPaul Kibue Gachuhi VS Eagle (1) Concrete & Machineries Limited AND Directorate Of Occupational Safety And Health Services
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 preliminary objection to the petition, finding that the petition did not violate the doctrine of constitutional avoidance. The respondent argued that the petition was a civil claim under the Employment Act and Work Injuries Benefits Act (WIBA) that could be resolved through statutory forums, but the court held that the petitioner's claim involved constitutional rights under Articles 27, 28, 41, and 47 of the Constitution, specifically the right to fair labour practices and fair administrative action. The court cited the Nairobi ELRC Petition E073 of 2023 (Boniface Orubia Wasika v Cadell Construction Co) where the court determined that enforcing statutory obligations under WIBA could constitute a constitutional issue if the employer's failure to comply violated fundamental rights. The court concluded that the petition was not a mere contractual dispute but involved constitutional rights warranting judicial determination.
constitutional avoidanceemployment actwork injuries benefits actbill of rights5 min read
JudgmentState Law AND Thomas Mugambi Nthiga VS Embu County
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court granted mandamus to compel the County Government of Embu and the County Public Service Board, Embu County to pay Kshs.2,398,833.30 as ordered in Nyeri ELRC Petition No.15 of 2017, where the respondents failed to settle the judgment debt despite being served with a certificate of order. The court found that the respondents' public officers had a duty to pay the decretal sum and costs, and the order of mandamus was issued to compel compliance with the court's judgment.
judicial reviewmandamuspublic officerscertificate of order3 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
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 respondent's conduct, including sending him on compulsory leave without investigation results, repossession of his car, and failure to pay half salary during leave. The claimant proved his resignation was involuntary under the Employment Act's constructive dismissal principles. The court granted compensation of 12 months' gross salary (Kshs.1,140,000), salary arrears (Kshs.198,627), and ruled the NSSF/NHIF dues and leave arrears claims were not merited due to lack of evidence or forfeiture of leave.
constructive dismissalemployment actcompulsory leavesalary arrears9 min read
JudgmentPaul Kibue Gachuhi VS Eagle (1) Concrete & Machineries Limited AND Directorate Of Occupational Safety And Health Services
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 preliminary objection to the petition, ruling that the petition does not constitute a mere civil claim under the Employment Act or Work Injury Benefits Act (WIBA) but involves constitutional violations under Articles 27, 28, 41, and 47 of the Constitution, specifically the right to fair labour practices and fair administrative action. The court found that the employer's failure to comply with WIBA provisions constitutes a violation of constitutional rights, warranting jurisdiction under the High Court despite the doctrine of constitutional avoidance, as established in Boniface Orubia Wasika v Cadell Construction Co (2023). The court held that the petition addresses the employer's conduct in failing to voluntarily submit to WIBA, not compensation for injury, and thus the preliminary objection was without merit.
constitutional avoidanceemployment actwork injury benefits actbill of rights5 min read
JudgmentCounty Government Of Kirinyaga AND Kirinyaga County Secretary VS Hon.peter Ndambiri Njagi
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court granted a stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules. The applicant sought stay of the judgment dated 15 October 2024, arguing that the respondent's whereabouts and financial capacity to repay the decretal sum of Kshs.5,700,000 were uncertain, and that granting stay was necessary to prevent substantial loss. The court found the delay in filing the application was not unreasonable and that the applicant met the threshold for substantial loss as the respondent failed to prove his capacity to repay the decretal sum. The applicant was ordered to deposit Kshs.5,000,000 as security for the due performance of the decree within 45 days.
stay of executioncivil procedure rulessubstantial losssecurity for decree5 min read
JudgmentCounty Government Of Kirinyaga AND Kirinyaga County Secretary VS Hon.peter Ndambiri Njagi
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court granted a stay of execution pending appeal for the applicant, who sought to halt enforcement of a judgment due to the respondent's uncertain whereabouts and financial capacity to repay the decretal sum. The court found the applicant met the legal threshold under Order 42 Rule 6 of the Civil Procedure Rules, as the delay in filing the application was not unreasonable and the respondent failed to prove his capacity to repay the decretal sum should the appeal succeed. The applicant was ordered to deposit Kshs.5,000,000 as security for the decree's due performance within 45 days, with the stay lapsing if the condition was not met.
stay of executioncivil procedure rulessubstantial losssecurity for decree6 min read
JudgmentJane Wamucii Gichuki VS The Bom Gachatha High 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 claimant was entitled to service gratuity for 38 years of service under the Collective Bargaining Agreement (CBA) between her trade union and the Ministry of Education, as confirmed by a Ministry circular dated 10th January 2005. The court found that the respondent's refusal to pay service gratuity was discriminatory and contrary to their practice, and ordered payment of Kshs.719,986. The claim for terminal leave and salary in lieu of notice was dismissed due to lack of particulars and evidence. The court also awarded costs and interest.
service gratuitycollective bargaining agreementretirement benefitsdiscrimination4 min read
JudgmentKenya Union Of Commercial Food And Allied Workers VS Maguna Superstore (k) 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 grievants' employment contracts lapsed automatically by effluxion of time rather than being unlawfully terminated. The claimant successfully proved the grievants' accrued leave entitlements and underpayment of wages within the 3-year limitation period, but the court declined the overtime claims due to lack of proper evidence and exaggerated claims. The court found the contracts expired naturally, so the claims for unlawful termination and two months' salary were rejected.
employment actunfair terminationaccrued leaveunderpayment of wages9 min read
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