Magistrate·MCELRC Cause No. E143 of 202530 July 2026 A Mombasa court ruled a security guard's firing was unfair because his employer had no records or solid proof, awarding him over Kshs. 380,0
employment labourburden of prooffair hearingdamageslimitation of actions
Court of Appeal·Not stated in the judgment7 November 2025 Kenya's Court of Appeal confirmed that employees claiming constructive dismissal must prove the employer fundamentally broke the contract be
employment labourfair hearingburden of proofnatural justiceremedies
ELRC22 October 2025 A Kenyan court upheld an employee's summary dismissal for suspected theft because the employer's CCTV and stock reconciliation evidence outw
employment labourburden of proofstandard of prooffair hearingremedies
ELRC·Not stated in extract21 October 2025 A Kenyan court ruled that even when an employee's misconduct justifies dismissal, skipping the mandatory hearing process makes the dismissal
employment labourcivil procedureburden of proofdamagesstatutory interpretation
ELRC·Not stated in the judgment3 October 2025 Kenya's Employment Court struck out an unfair termination claim filed nearly four years late, confirming the three-year filing deadline is s
employment labourlimitation of actionsjurisdictionpreliminary objectionstriking out
ELRC·ELRC Claim (Nairobi) – judgment of 19th September 202519 September 2025 Kenya's Employment Court ruled a public officer's reprimand unfair because his employer never proved his involvement, and awarded him Kshs 3
employment labourfair hearingburden of proofdamagesdeclaratory relief
ELRC·Statement of claim dated 11th July 2024 (ELRC, Nyeri)30 July 2025 The Employment Court upheld an employee's dismissal, ruling that secretly recording colleagues and posting work content without a disclaimer
employment labourhuman rightsdata privacyburden of proofcontract law
A Kenyan court struck out an unfair termination claim filed more than three years after dismissal, confirming the countdown starts on termin
employment labourlimitation of actionsjurisdictionburden of proofcivil procedure
ELRC·Not stated in judgment22 May 2025 Kenya's Employment Court upheld a dismissal where the employer followed fair procedure and proved valid misconduct grounds, so the employee'
employment labourburden of proofnatural justicefair hearingstatutory interpretation
ELRC·Not stated in the judgment (Memorandum of Claim dated 28th September 2021, lodged 29th September 2021)15 May 2025 A Kenyan court cut an employee's compensation to one month's salary because, even though the dismissal process was flawed, his job applicati
employment labourfair hearingfair administrative actionburden of proofnatural justice
ELRC·Not stated in judgment28 March 2025 employment labourjurisdictionlimitation of actionscivil procedurestriking out
ELRC·Not stated in judgment (ELRC Claim)28 February 2025 A Kenyan court upheld NCBA Bank's dismissal of an employee, ruling that failing to properly verify transactions before authorising them was
employment labourburden of proofnatural justicefair hearingdamages
ELRC·Cause 707 of 2017 (Review)28 February 2025 A Kenyan court agreed a judge had overlooked two job claims, but the worker still lost because he couldn't prove either one.
employment labourcivil procedureburden of proofjudicial discretionremedies
ELRC·Not stated in judgment (ELRC, Nairobi)28 February 2025 A Kenyan court ruled a storekeeper's dismissal unlawful because her employer couldn't prove the allegations and never gave her a fair hearin
employment labourburden of proofnatural justicefair hearingdamages
ELRC·Not stated in the judgment as provided14 February 2025 A Kenyan employer that sacks a worker without evidence of misconduct and without a hearing must pay over Kshs 1 million in damages and costs
employment labourburden of proofnatural justiceremediesdamages
Court of Appeal·Civil Appeal E249 of 202120 December 2024 Kenya's Court of Appeal confirmed employers must give employees the actual documents behind disciplinary charges, but struck out notice pay
employment labourfair hearingnatural justiceremediesdamages
ELRC·ELRC Cause No E380 of 20208 November 2024 Kenya's Employment Court raised a wrongly computed unfair termination award by recalculating it on gross salary, but refused remedies that w
employment labourcivil procedurestatutory interpretationremediesdamages
ELRC·Not stated in the judgment5 November 2024 A Kenyan court ruled that when a CBA says 'salary' without defining it, it means basic salary — not gross pay including allowances.
employment labourcontract lawstatutory interpretationdamagesremedies
ELRC·Not stated in judgment30 September 2024 A Kenyan court struck out an employment claim filed too late, confirming that settlement negotiations do not pause the three-year filing dea
employment labourlimitation of actionsextension of timejurisdictionpreliminary objection
ELRC·Not stated in the judgment21 June 2024 A Kenyan court awarded a dismissed employee over Kshs 420,000 because his employer could not prove poor performance or a fair disciplinary p
employment labourburden of proofnatural justicefair hearingdamages
ELRC·Not stated in the judgment provided21 June 2024 Kenya's Employment Court ruled a teacher was unfairly sacked because his school never gave him an oral hearing, awarding him four months' sa
employment labourfair hearingburden of proofwaiverdamages
ELRC·Not stated in the extract8 March 2024 A Kenyan court awarded a dismissed pilot over Kshs 4.7 million because her employer could not prove its reasons or give her a hearing before
employment labourburden of prooffair hearingdamagesdeclaratory relief
ELRC·Not stated in the judgment as extracted8 March 2024 Kenya's Employment Court upheld KRA's dismissal of an employee for repeated absence without permission, confirming employers win when they f
employment labourburden of proofstandard of prooffair hearingnatural justice
ELRC·Not stated in excerpt (Statement of Claim filed 20th August 2018)9 February 2024 A Kenyan court ruled an employer unfairly fired an accountant over a flawed performance appraisal and denied him a proper hearing, awarding
employment labourfair hearingnatural justiceburden of proofdamages
ELRC·Not stated in the judgment25 January 2024 A Kenyan court ruled that firing an employee by WhatsApp message, without notice or a hearing, was unfair and awarded him over Kshs. 408,000
employment labourburden of proofdamagesremediesdeclaratory relief