As we draw to the close of the year, we reflect on some of the key decisions that have been made by the Court of Appeal and the Employment & Labour Relations Court in the course of 2025 touching on various aspects of employment and labour relations.

These decisions are important as they continue to shape the land- scape of how employers engage with different categories of employ- ees and organize their operations in that regard.

These are highlighted below.

Gogni Rajope Construction Company Limited & an- other v Omondi (Civil Appeal 321 of 2019) [2025] KECA 161 (KLR) (7 February 2025) (Judgment) 

The Employment Act is seen as a reformist document that moved away from the common law position that deemed the employer/employee relationship to be on an equal pedestal, to a more realistic position, where one party (the employer) would set the terms and conditions. Employees employed for less than 13 months (and by ex- tension those on probation) are entitled to a fair hearing before dismissal from employment.

Judicial Service Commission v Muraya & 4 others (Civil Appeal E002 of 2024) [2024] KECA 1599 (KLR) (8 November 2024) (Judgment) 

An employee’s right to a fair hearing before dismissal from employment is in- alienable even in situations where the employee’s conduct smacks of guilt and they have a hopeless defence.

Unilever Tea Kenya Limited v Kenya Plantation & Agricultural Workers Union (Civil Appeal E015 of 2020) [2025] KECA 830 (KLR) (9 May 2025) (Judgment) 

Victims of sexual harassment do not have to testify in person. It is sufficient if they provide detailed witness statements. This was affirmed by the ELRC in TOO v Weza Care Solutions (Cause E086 of 2024)  [2025]  KECA  1789 (KLR) (30 October 2025) (Judgment)

Chege v Timsales Limited (Civil Appeal 29 of 2020) [2025]  KECA  1660  (KLR) (21 October 2025) (Judgment) 

A resignation by an employee with immediate effect issued to avoid a disciplinary process is not valid.

Opiyo v AAR Healthcare Kenya Limited (Civil Appeal E126 of 2021) [2025] KECA 1408 (KLR) (31 July 2025) (Judgment) 

Financial damages to an employer are not confined to actual monetary loss and ex- tends to reputational risks that affect an employer’s credibility.

Abdulahi Firimbi t/a Sinai Hotel v Imungu (Appeal E131 of 2024) [2025] KEELRC 1283 (KLR)

Where an employee absconds from duty despite being requested to return, this constitutes a constructive resignation from employment.

Fuchingo v Robinson Security Group, also known as Robinson Investment Limited [2025] KEELRC 3130 (KLR) 

Both employer and employee have a duty to maintain  the  employment relationship by communicating with each other. An employer who absconds from duty and avoids contact with the employer effectively terminates the employment relationship by conduct.

Mercy (Kenya) Mater Misericordiae Hospital (Cause 650 of 2020) [2025] KEELRC1454 (KLR)

Pre-redundancy consultations must be meaningful and not merely a charade to tick a procedural box. It is not simply about giving an employee an opportunity to comment on a redundancy decision that has already been made. It should involve taking employees’ views, giving them due consideration  and  exploring  alternatives to redundancy.

Gatobu v Tullow Oil Kenya Limited (Cause E964 of 2021) [2025] KEELRC 1786 (KLR) (18 June 2025) (Judgment) 

 A mutual separation agreement is only valid if it has all the elements of a valid contract (offer, acceptance and consideration) for it to be binding and enforceable.

Kenyatta University v Thomas & 25 others (Civil Appeal E494 of 2022) [2025] KECA  1014  (KLR)  (30  May2025) (Judgment) 

Continuous engagement of ‘casual’ employees for an extended period automatically converts their employment to open-ended terms small breaks between the periods of engagement not- withstanding.

Ondieki v Nyamosongo Cooperative Society Ltd [2025] KEELRC 3132 (KLR) –

Consultations under Section 10 (5) of the Employment Act relating to variation of employment terms do not necessarily have to result in express consent by the employee.