Summary of recent court decisions Fixed-term contracts; Ombewa v Ezeetec Limited (Appeal E072 of 2022) [2024] KEELRC 776 (KLR) (28 March 2024) – Where a contract of employment is pegged to the life of a project carried out by the employer, it comes to an end with the end of the project. There is no reason for an employer undertaking such a project to go about notifying the employee and the Labour Office about an intended redundancy and the reasons and extent of redundancy. There is nothing to consult about because there are no steps the employer would be expected to take to m ..read more

By Nick Weru In the intricate dance of employer-employee relationships, including arbitration clauses in employment contracts has become increasingly prevalent. This strategic move aims to steer clear of the courtroom drama and embrace alternative dispute resolution. Arbitration is covered under the Constitutional umbrella of Article 159 in Kenya, which provides that Courts shall promote alternative dispute resolution mechanisms, including arbitration, while exercising judicial authority. Arbitration is an alternative dispute resolution mechanism in which an independent third party, the arbitr ..read more

By Nick Weru Overview & Summary: On the 17th of October, 2023, the President assented to the Social Health Insurance Act (hereinafter referred to as “the Act”), a legislative initiative to establish a comprehensive framework for managing social health insurance. This Act is intended to align with Article 43(1)(a) of the Constitution, which guarantees every individual the right to the highest attainable standard of health, including access to healthcare services. Key Provisions: Section 1 – Effective Date: The Cabinet Secretary for Health, Susan Nakhumicha, has designated the effective date ..read more

By Nick Weru In a world driven by economic growth and employment dynamics, the significance of a fair and balanced workplace cannot be understated. Enter the Employment and Labour Relations Court (ELRC) of Kenya, a judicial institution that has stood as a vanguard of workplace justice for a remarkable decade. As we commemorate this milestone, let us delve into the rich tapestry of the ELRC’s history, its transformative impact, and the challenges it faces as it continues to shape the course of labour relations in Kenya. A Legacy Forged in Constitutional Vision The Employment and Labour Relation ..read more

Confidentiality is a crucial aspect of any employment relationship, and employees who expose confidential information belonging to their employer can face severe consequences. Employers have a legitimate need and expectation of confidentiality in order to protect their brand, and intellectual property and to stay ahead of their competition. The case of David Namu Kariuki vs. Leo Investments & others (2022) eKLR is a prime example of the consequences of exposing confidential information in the workplace. The case involved a former employee who was terminated from his position as Group Finan ..read more

As the world of Employment and Labour Relations continues to evolve, it is important for employers to understand the legal distinctions between casual and permanent employment. The recent Court of Appeal decision in the case of Kenyatta University v Esther Njeri Maina (2022) eKLR serves as a reminder of the implications of not complying with these distinctions. The Respondent, Esther Njeri Maina, was employed as a secretary by Kenyatta University in August 2009 and had been in continuous employment for almost 10 years. She was being paid a daily wage on a monthly basis and she did not have a w ..read more

Wanjiru v Machakos University (Petition E021 of 2021) [2022] KEHC 10599 (KLR) (3 August 2022) (Judgment) The High Court at Machakos has faulted a university for using the image of a former student without her consent and awarded her Kshs 700,000/- in damages. The court held that this violated the Petitioner’s right to privacy and human dignity guaranteed by the Constitution of Kenya, 2010 and the Data Protection Act. The gist of the case is that the Petitioner discovered that the university was using her picture to advertise and market its computer packages courses. The Petitioner claimed tha ..read more