ELRC·ELRC Cause (Notice of Motion dated November 16, 2022) – cause number not stated in judgment15 December 2022 Kenya's Employment Court granted a litigant's request for a judge to step aside, because a statement suggesting his case had little chance o
recusalnatural justicefair hearingemployment labourjudicial discretion
ELRC·Not stated in judgment30 September 2022 employment labourburden of proofevidencestandard of proofcontract law
ELRC·Not stated in the judgment text30 September 2022 A Kenyan court ruled Kenya Breweries unfairly sacked a security guard, awarding him six months' salary because it gave him only two hours to
employment labourfair hearingburden of proofdamagesremedies
ELRC·ELRC Cause (Nakuru) - memorandum of claim dated October 20, 2020 (number not stated in judgment)29 September 2022 A Kenyan employment claim collapsed entirely because the company was sued under the wrong registered name, showing why verifying names matte
employment labourprofessional conductres judicatalocus standicivil procedure
ELRC·Not stated in judgment29 September 2022 A Kenyan court awarded a dismissed worker Kshs 375,230.70 after finding his oral sacking, without notice, reason or hearing, was unfair and
employment labourhuman rightsburden of proofdamagesremedies
ELRC·Memorandum of Claim dated May 10, 2016 (ELRC cause, Nakuru)29 September 2022 A Kenyan court ruled firing a worker over one week's absence without notice or a hearing was unfair, awarding her 12 months' pay.
employment labourburden of prooffair hearingdamagesevidence
ELRC·Statement of claim dated March 11, 2021 (number not stated in judgment)29 September 2022 A Kenyan employee won KSh 2.17 million because the employer never formally objected to the workplace injury compensation assessment, making
employment labourjurisdictionstatutory interpretationdamagescivil procedure
ELRC·Not stated in judgment29 September 2022 employment labourcivil procedurestay of proceedingsjudicial discretionremedies
ELRC·Memorandum of Claim dated December 4, 2015 (ELRC, Nakuru)29 September 2022 A Kenyan court awarded a security guard Kshs 165,531 after his employer failed to prove he got notice or a fair hearing before dismissal.
employment labourfair hearingburden of proofdamagescontract law
ELRC·Not stated in the judgment text provided29 September 2022 Kenya's Employment Court dismissed an 8-year-old employment claim because the claimant ignored court conditions and let the case sit idle fo
employment labourcivil procedureinordinate delayjudicial discretionfair hearing
ELRC·Not stated in the judgment29 September 2022 Kenya's Employment Court awarded a caretaker Kshs 228,489.50 because his employers had no written contract, no records, and no lawful reason
employment labourfair hearingburden of proofdamagesstatutory interpretation
ELRC·ELRC Cause, claim filed 17th December 2018 (number not stated in judgment)29 September 2022 Kenya's Employment Court awarded a Sacco CEO 12 months' salary because his employer proved no performance targets and gave him no fair heari
employment labourburden of proofnatural justicefair hearingremedies
ELRC·Petition dated April 21, 2022; Notice of Application dated May 26, 202229 September 2022 Kenya's Employment Court escalated the FKE challenge to the NHIF (Amendment) Act, 2022 to a bench of at least three judges.
constitutional interpretationcertificationjurisdictionjudicial discretionhealth law
ELRC·Not stated in judgment29 September 2022 employment labourcivil procedureburden of proofjudicial discretioncontract law
ELRC·Not stated in the ruling29 September 2022 A Kenyan employer won a pause on paying a Kshs 3.5 million judgment, but only if it deposits the full amount in a joint interest-earning acc
employment labourstay of executioninterlocutory reliefcivil procedurejudicial discretion
ELRC·Not stated in judgment29 September 2022 Kenya's Employment Court ruled a Methodist Church Minister is not an employee of the Church's central organs, so his Kshs 3.1 million claim
employment labourcontract lawburden of proofevidenceremedies
ELRC·Not stated in the judgment excerpt29 September 2022 A Kenyan court ruled a manager's firing for poor performance was unfair because the employer had no appraisals, targets or proper disciplina
employment labourburden of proofnatural justicefair hearingdamages
ELRC·Not stated in the judgment29 September 2022 A Kenyan court dismissed a union's recognition claim because the employer's auto parts retail business fell outside the union's constitution
employment labourconstitutional lawburden of proofevidencestatutory interpretation
ELRC·Not stated in the excerpt provided29 September 2022 employment labourcontract lawburden of proofremediesdamages
ELRC·Not stated in the judgment provided29 September 2022 A Kenyan employment appeal succeeded because the trial judge overlooked the employer's written submissions, so the case goes back for a fres
employment labourfair hearingcivil procedureremediesjudicial discretion
ELRC·Industrial Court Appeal ( Memorandum of Appeal dated November 19, 2021)29 September 2022 Kenya's Employment Court ordered the Registrar of Trade Unions to immediately register a union for public prosecutors, ruling professionals
employment labourhuman rightsfair administrative actionadministrative lawstatutory interpretation
ELRC·ELRC Cause, Memorandum of Claim filed December 10, 201829 September 2022 A Kenyan court ruled that terminating an employee without a valid reason, fair process, or a full month's notice entitles the employee to co
employment labourhuman rightsburden of proofdamagesstatutory interpretation
ELRC·Memorandum of Claim dated March 23, 2021 (Nyeri Employment and Labour Relations Court)28 September 2022 A Kenyan court ruled G4S unfairly dismissed a guard with 19 years of clean service for one incident of sleeping on duty, awarding him over K
employment labourfair hearingburden of proofdamagesremedies
ELRC·Not stated in the judgment28 September 2022 A Kenyan court ruled an accountant's dismissal unfair because the employer ambushed her in disciplinary meetings and failed to prove its PAY
employment labourburden of prooffair hearingfair administrative actiontax law
ELRC·Employment and Labour Relations Cause, Nyeri (memorandum of claim dated January 27, 2021)28 September 2022 A Kenyan employment court dismissed a county worker's demotion and salary claim because he couldn't prove his pay was actually reduced or pr
employment labourburden of proofdamagesremediescounty government