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 house allowance of Kshs.75,466.62 based on the Employment Act's requirement for reasonable housing or payment of allowance, as she was not housed or paid house allowance during employment. The claim for gratuity was dismissed as the claimant's appointment letter did not provide for it, and no relevant government circulars supported her claim. The court found the claimant was underpaid by Kshs.89,110.80 over three years due to her salary being below the 2018 Wages Order minimum of Kshs.13,975.30, which was the applicable wage regulation at the time of her employment.
employment actwages ordergratuityhouse allowance8 min read
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant appealed against the Principal Magistrate's judgment dismissing their claim for unfair termination, arguing the trial court erred in holding the claimant failed to prove unfair termination due to lack of service with a show cause letter and disciplinary hearing. The court found the appellant was served with a summons on 30th September 2019, attended a disciplinary hearing but declined to appear, and was terminated lawfully under the Employment Act, 2007, with the termination being fair and just as per the evidence.
employment act 2007unfair terminationdisciplinary hearingshow cause letter14 min read
JudgmentTHOMAS MAINA KIRUBI VS State Law AND County Commissioner, Murang AND 1 Others
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court considered an application to quash interdicts issued by respondents against the applicant, who was a chief in Kiruri Location Murang’a District. The applicant claimed the interdicts were premature as they were issued without preliminary investigations per the Public Service Discipline Manual, 2022. The court found that the interdicts were justified under the disciplinary procedure, as the applicant had been served with show cause letters, failed to reform, and the County HRMAC recommended interdiction after finding insubordination and gross misconduct. The court held that the applicant did not demonstrate grounds for judicial review intervention, as the disciplinary process followed valid procedures under the Discipline Manual and the Constitution. The court refused to quash the interdicts and ordered the applicant to proceed with the internal disciplinary process.
disciplineinterdictionjudicial reviewpublic service9 min read
JudgmentJANE WANJA NDWIGA VS KATHAGERI YOUTH POLYTECHNIC
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The appellant, who was employed as an Accounts Clerk by the respondent until July 2020, claimed unlawful termination after being given compulsory leave without pay during the COVID-19 pandemic. The trial court found unlawful termination and awarded ten months' salary plus one month's salary in lieu of notice, but dismissed claims for service pay/gratuity and underpaid wages due to lack of particulars and evidence. The appellate court allowed the appeal, ruling that the appellant proved entitlement to service pay/gratuity under section 35(5) of the Employment Act based on NSSF contributions and the settlement agreement, and that the claim for underpaid wages was not properly substantiated.
unlawful terminationservice pay/gratuityunderpaid wagescompulsory leave11 min read
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court dismissed the respondent's preliminary objection to the applicant's motion to enforce a Director of Occupational Safety and Health (DOSH) award for workplace injury compensation. The respondent argued the application was time-barred under the Limitation of Actions Act and Work Injury Benefits Act (WIBA) due to delays in filing beyond statutory periods. The court held that the limitation period for enforcing DOSH awards starts from the date the award is communicated to the employer, not the accident date, and the applicant's motion was filed within the statutory timeframe. The court also found that failure to report the accident or lodge a claim within 12 months is a matter of fact requiring evidence, not a ground for preliminary objection. The court allowed the motion for enforcement of the DOSH award with interest from the filing date.
workplace injury compensationlimitation of actionswork injury benefits actdirector of occupational safety and health6 min read
JudgmentDel Monte Kenya Limited VS Ben Kimaiyo Kiptoo
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 in a dispute over unlawful and unfair termination of employment. The respondent claimed the dismissal was unlawful and unfair, seeking compensation including unpaid leave for 15 years, one month's salary in lieu of notice, and damages for unfair termination. The trial court found the termination unlawful and unfair, awarded Kshs.410,700 in compensation, Kshs.68,450 in lieu of notice, and Kshs.718,724.90 for unpaid leave. The appellant argued the dismissal was justified under the Employment Act, citing evidence of theft, and that the trial court erred in shifting the burden of proof and awarding excessive compensation. The court upheld the trial court's findings that the dismissal was unlawful and unfair, rejecting the appellant's arguments on the grounds of valid termination procedures and the respondent's entitlement to compensation.
unlawful terminationunfair terminationemployment lawburden of proof16 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 granted a stay of execution pending the appeal of a PSC (Public Service Commission) decision reinstating union members, as the applicant demonstrated that the appeal had overwhelming chances of success and that granting the stay would prevent substantial loss due to the reinstatement process. The court found jurisdiction existed under Order 42 Rule 6 of the Civil Procedure Rules, rejected the argument that the court was functus officio, and determined that the application met the legal threshold for stay without undue delay.
stay of executionappealpsc decisionreinstatement11 min read
JudgmentMUNDIA NJERU GETERIA VS Embu County AND HON.MARTIN NYAGA WABORA
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court reviewed an application to set aside a consent order entered on 28 July 2023, which purported to amend the judgment from 2015. The application alleged misrepresentation by respondents' counsel, failure to properly advise the first respondent, and inadvertent mistake in entering the consent. The petitioner opposed by claiming the consent was voluntary, fully informed, and the application was an abuse of process. The court found the applicant did not meet the legal threshold under Rule 33 of the ELRC Procedure Rules 2016 to review the consent order, as there was no evidence of misrepresentation, fraud, or mistake that would justify setting aside the contract. The court dismissed the motion with costs, noting the consent order was entered voluntarily by the county secretary based on information from counsel.
consent ordermisrepresentationfraudmistake10 min read
JudgmentMUNDIA NJERU GETERIA VS Embu County AND HON.MARTIN NYAGA WABORA
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Petitions
The court considered an application to set aside a consent order entered on 28 July 2023, which purported to amend the judgment from 2015. The applicant claimed the consent order was entered due to misrepresentation and non-disclosure by the respondent's counsel, leading to a mistake by the county secretary. The court found the applicant failed to demonstrate sufficient grounds under Rule 33 of the ELRC Procedure Rules 2016 for review, as the consent order was voluntarily entered with full knowledge and the applicant did not prove misrepresentation or fraud. The court dismissed the motion with costs, noting the county secretary's role as a senior officer who voluntarily followed counsel's instructions.
consent ordermisrepresentationfraudmistake10 min read
JudgmentNahashon Murimi Muiruri VS County Government Of Kirinyaga
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Miscellaneous Applications
The court granted a stay of execution of a September 12, 2024 judgment pending the appeal hearing, as the applicant demonstrated that the appeal would be rendered nugatory if reinstatement occurred (which would be irreversible), and there was no undue delay in filing the application. The court found the applicant met the legal threshold for stay under Order 42 Rule 6(2) by showing substantial loss risk and willingness to deposit security, though the exact security amount was not quantified. The stay was granted for 120 days to allow the appeal to be determined.
stay of executionappealreinstatementsubstantial loss5 min read
JudgmentRepublic VS Public Service Commission AND Kenya Union Of Clinical Officers AND 1 Others
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Judicial Review
The court considered an application to enlarge time for filing a Notice of Appeal out of time due to system downtime in the Judiciary CTS. The Applicant argued that the delay was beyond its control, as the CTS was down from 20th August 2024, preventing timely filing within the 14-day limitation period ending 23rd August 2024. The court found the delay was only one day, the explanation for the delay was credible, and the application met the legal threshold for enlargement of time under Section 7 of the Appellate Jurisdiction Act. The court granted the enlargement of time for filing the Notice of Appeal, applying the principles from Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR, and ruled that the applicant’s explanation for the delay was sufficient and the application was not frivolous.
constitutional lawappeal proceduretime limitationjudiciary cts11 min read
JudgmentD.B. Osoro & Company Advocates VS Daniel Ngatia Muriithi
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court of appeal considered an appeal from the trial court's judgment in a labour dispute where the appellant (Van KappeL Kenya Limited) challenged the award of notice pay, severance pay, and general damages for unlawful termination of the respondent (Daniel Ngatia Muriithi). The appellant argued the trial court erred by failing to grant them an opportunity to be heard, awarding notice pay exceeding the respondent's monthly salary, granting severance pay without specific pleading, awarding maximum 12 months' salary without justification, and failing to order statutory deductions. The court found the appellant was not denied hearing as their advocates were served with notice and an affidavit of service was on record; the award of notice pay and severance pay was justified under the Employment Act; the 12 months' salary compensation was discretionary and not subject to interference; and statutory deductions were automatic under the Employment Act. The appeal was dismissed with costs.
employment actunlawful terminationseverance paynotice pay16 min read
JudgmentD.B. Osoro & Company Advocates VS Philip Mwaura Ndungu
Employment and Labour Relations Court at Nyeri ELRCOnesmus Makau
Division and case type: Employment and Labour Relations Court·Appeals
The court upheld the appellant's appeal on the grounds that the trial court erred by failing to grant the appellant an opportunity to be heard on its defence, awarding notice pay and severance pay without specific pleading, awarding notice pay exceeding the respondent's monthly salary, awarding severance pay not pleaded in the pleadings, and awarding maximum compensation without justification. The court found the appellant was not denied opportunity to be heard as its advocates were served with hearing notice and an affidavit of service was filed, and the award of damages was discretionary under the Employment Act.
employment actconstructive dismissalnotice payseverance pay16 min read
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