ELRC·ELRC Cause No. E047 of 20236 February 2025 The Employment Court refused to pause an employment case because the company never actually filed its intended appeal.
stay of proceedingsinterlocutory reliefemployment labourcivil procedureaccess to justice
ELRC·Application dated 6 June 2024 (in claim dated 17 May 2023)26 September 2024 A Kenyan employment court reinstated a union's dismissed lawsuit so it could be heard fairly, but made the union pay costs for missing the h
employment labourcivil procedurejudicial discretionremediesfair hearing
ELRC·ELRC Cause (Malindi) – unnamed in judgment16 May 2024 A Kenyan court dismissed a union's claim because the CBA was never registered and the worker was fairly dismissed for misconduct.
employment labourburden of proofcontract lawfair hearingstatutory interpretation
ELRC·Notice of Preliminary Objections dated 12 October 2023 in an ELRC claim filed 17 May 20237 December 2023 Kenya's Employment Court ruled a new claim for unpaid CBA dues is not barred by earlier litigation between the same parties, and the case pr
employment labourres judicatacivil procedurepreliminary objectionburden of proof
ELRC·Cause No E021 of 202330 October 2023 Kenya's Employment Court dismissed duplicate terminal dues claims as an abuse of process, but allowed two workers' claims filed within the t
employment labourcivil procedureabuse of processres judicatastay of proceedings
ELRC·Cause No E075 of 202225 May 2023 employment labourlimitation of actionsjurisdictionstatutory interpretationstriking out
ELRC·Cause No E006 of 202021 October 2021 A Kenyan employment court dismissed a union's entire claim because it presented written arguments but called no witnesses to prove its facts
employment labourburden of proofevidenceremediescontract law
ELRC·ELRC Cause (Mombasa), Claimant's Notice of Application dated 16th October 2017 arising from judgment delivered 23rd May 201422 April 2021 A Kenyan court refused contempt proceedings against an employer, ruling that a dispute over how much is owed under an award must be raised t
employment labourcontempt of courtcivil procedureremediesburden of proof
ELRC·Cause No 1312 of 201725 October 2019 A Kenyan court dismissed a union's challenge to employee outsourcing because the union brought no evidence to counter the employer's sworn e
employment labourcontract lawburden of proofadministrative lawremedies
ELRC·Motion dated 20 June 2014 (arising from judgment of 23 May 2014)5 September 2014 A Kenyan employer seeking to delay paying a court-ordered wage award must prove real financial hardship and deposit security — winning an ap
employment labourstay of executioncivil procedurejudicial discretionburden of proof
Court of Appeal·1685 of 202616 September 2026 ELRC·2457 of 20268 September 2026 ELRC·2416 of 202620 August 2026 ELRC·2229 of 202631 July 2026 ELRC·2171 of 202624 July 2026 ELRC·2109 of 202622 July 2026 ELRC·2137 of 202622 July 2026 ELRC·2063 of 202616 July 2026 ELRC·Not stated in the judgment22 December 2025 Kenya's Employment Court set aside a default judgment against an employer, ruling that a lawyer's filing mistake shouldn't deny a party its
employment labourcivil procedureinterlocutory relieffair hearingnatural justice
ELRC·ELRC Cause (Review Application dated 12th March 2025), arising from Employment Cause No. E338 of 202331 October 2025 Thorlight lost its bid to review a judgment enforcing a union recognition agreement because it failed to prove the new evidence could not ha
employment labourjudicial discretionstatutory interpretationcontract lawcivil procedure
ELRC·Memorandum of Claim dated 1st August 202330 October 2025 A Kenyan employer must pay over Kshs. 3 million for deducting workers' union dues but failing to remit them to the union and COTU.
employment labourcontract lawburden of proofdamagesremedies
ELRC·Not stated in the excerpt (ELRC review application arising from a judgment delivered 11th October 2024)21 October 2025 The Employment Court refused to review its own judgment on gratuity and leave pay, telling the union that such complaints belong on appeal,
employment labourcivil procedurefunctus officiojurisdictionburden of proof
ELRC8 October 2025 A Kenyan court ruled that outsourcing security services cannot be used to disguise an unfair redundancy without following legal procedures.
employment labourlimitation of actionsburden of proofremediesdamages
ELRC·Memorandum of Claim dated 18th September 20233 October 2025 A Kenyan employer must deduct and remit union dues once workers sign check-off forms, but unions must prove a membership majority to win rec
employment labourconstitutional lawstatutory interpretationburden of proofdeclaratory relief
ELRC·Cause No E599 of 202429 September 2025 Kenya's Employment Court confirmed it — not Magistrates' Courts — hears trade union disputes, no matter how little the affected employees ea
employment labourjurisdictionpreliminary objectionstatutory interpretationcivil procedure