Court of Appeal · Civil Appeal No. 46 of 2013 11 July 2014 CompareKenya's Court of Appeal ruled that while Kenya Airways could legally cut 447 jobs, its unclear selection process made the retrenchment unfai
employment labour statutory interpretation constitutional interpretation judicial discretion remedies
ELRC · Cause No. 1256 of 2018 28 September 2026 CompareA Kenyan court ruled a redundancy unfair because the employer never personally served the worker with written notice, even though the projec
employment labour fair hearing burden of proof statutory interpretation remedies
ELC · Kapsabet ELC LOS No. E017 of 2026 31 August 2026 CompareKenya's Environment and Land Court dismissed a landowner's suit because it repeated a claim already decided, warning that old judgments cann
res judicata land law stay of proceedings striking out limitation of actions
ELRC · Cause (as per pleadings; not stated in judgment) 11 December 2025 CompareA Kenyan court voided redundancy notices because the employer never properly notified the union and labour officer one month in advance.
employment labour contract law fair administrative action natural justice statutory interpretation
ELRC · Not stated in judgment (Statement of Claim dated 21st January 2021) 24 July 2025 CompareKenya's Employment Court ruled Standard Chartered's redundancy was a disguised unfair dismissal and ordered the bank to pay Kshs. 3.5 millio
employment labour
ELRC · Not stated in judgment (Statement of Claim dated 13th January 2022) 12 June 2025 CompareA Kenyan court ruled that an employer who skips the required notice steps in a redundancy has unfairly terminated the employee and must pay
employment labour burden of proof remedies damages limitation of actions
ELRC · Not stated in the judgment (Statement of Claim dated 15th September 2022) 21 May 2025 CompareKenya's Employment Court awarded a manager KShs 2.7 million because his employer skipped the mandatory notice and consultation steps before
employment labour burden of proof damages remedies statutory interpretation
ELRC · Not stated in judgment 21 May 2025 CompareKenya's Employment Court ruled a bank's redundancy unlawful because it skipped one month's notice and consultation, awarding the employee ov
employment labour remedies damages burden of proof contract law
ELRC · Originating Summons dated 29th November 2024 16 May 2025 CompareKenya's Employment Court refused to let a worker sue BAT 24 years after her 2001 redundancy, confirming that expired contract claims cannot
limitation of actions employment labour extension of time jurisdiction inordinate delay
ELC · Not stated in the judgment 27 March 2025 Compare
jurisdiction land law preliminary objection striking out civil procedure
ELRC · Not stated in the judgment (Memorandum of Claim dated 2nd February 2023) 14 March 2025 CompareA Kenyan court awarded six months' salary to an employee declared redundant without proper notice or fair selection criteria.
employment labour burden of proof statutory interpretation damages remedies
ELRC · Not stated in the judgment (the appeal record references an application filed as Appeal E141 of 2024; the appeal is from Kajiado CMEL No. E009 of 2021) 24 February 2025 CompareA Kenyan court ruled a factory worker was employed by the labour outsourcing agency, not the company where he worked, so claims must be rest
employment labour burden of proof contract law fair hearing remedies
Court of Appeal · null — the judgment does not state the appeal number (only ELRC Cause No. 975 of 2016 below is named) 24 January 2025 CompareKenya's Court of Appeal confirmed employers must genuinely prove a redundancy and follow proper notice procedures, or pay employees up to 12
employment labour fair hearing burden of proof remedies damages
ELRC · Not stated in the judgment as provided (Memorandum of Claim dated 24th January 2022, amended 8th February 2022) 23 January 2025 Compare
employment labour human rights contract law burden of proof damages
Court of Appeal · Memorandum of Appeal dated 3rd April 2020 22 November 2024 CompareKenya's Court of Appeal confirmed that a genuine business redundancy is lawful if properly communicated, even when an employee challenges it
employment labour judicial discretion remedies burden of proof statutory interpretation
Court of Appeal · Not stated in the judgment (application dated 1st May 2024) 26 July 2024 CompareThe Court of Appeal confirmed that only a full bench, not a single judge, can grant permission to appeal, and time extensions must wait unti
jurisdiction extension of time certification civil procedure land law
ELRC · Statement of Claim dated 14th June 2023 26 July 2024 CompareA Kenyan employer's redundancy was ruled unfair because it paid notice money instead of giving the required one-month redundancy notice, cos
employment labour burden of proof remedies damages fair hearing
ELRC · Not stated in judgment 25 July 2024 CompareAn employer who offers genuine alternative employment before a redundancy escapes compensation claims, but must still pay earned leave and s
employment labour contract law damages burden of proof remedies
ELRC · Not stated in the judgment 13 June 2024 CompareA Kenyan court upheld a redundancy where the employer issued proper notice and consulted staff, confirming employees get only statutory dues
employment labour burden of proof damages civil procedure precedent
ELRC · Memorandum of Claim dated 17th August 2021 (ELRC, Kisumu) 8 February 2024 CompareA Kenyan court dismissed a union's challenge to worker outsourcing because the union failed to prove the arrangement breached their collecti
employment labour contract law burden of proof evidence remedies
ELRC · not stated in the judgment provided 7 December 2023 CompareA Kenyan court ruled an employer's redundancy unlawful because it skipped mandatory notice steps, awarding the employee five months' salary
employment labour burden of proof remedies damages
ELRC · Not stated in the judgment (Memorandum of Claim dated 15th November 2019) 1 December 2023 CompareA Kenyan court ruled that even a genuinely necessary redundancy is unlawful if the employer skips the strict procedure in section 40 of the
employment labour burden of proof damages remedies civil procedure
ELRC · Employment and Labour Relations Court at Nairobi, Memorandum of Claim dated 3rd August 2018 (number not stated in the judgment text) 15 November 2023 CompareA Kenyan court awarded an employee three months' salary after ruling her employer's redundancy was unfair because the employer couldn't prov
employment labour burden of proof damages remedies fair hearing
ELRC · ELRC Appeal filed 29th April 2021 31 October 2023 CompareAn employer who skips the mandatory 30-day redundancy notice risks paying a full year's salary in compensation, even if the redundancy itsel
employment labour statutory interpretation burden of proof remedies damages
ELRC · Not stated in the extract (appeal from CMEL Cause No. 1412 of 2019) 31 October 2023 CompareKenyan employers must give employees a 30-day notice of intended redundancy before termination — a termination letter or after-the-fact labo
employment labour natural justice fair hearing statutory interpretation burden of proof
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