The recent case of Sitienei & Another v Lang'at t/a Kaloto Auctioneers examined the lawfulness of an auctioneer's execution process and entitlement to costs when there is an existing court order staying execution. Justice Nderitu analyzed whether the auctioneer acted lawfully when enforcing a court decree despite being aware of a stay order from a superior court. The case highlights the requirement for auctioneers as officers of the court to act diligently and in fidelity to lawful court orders. It affirms that costs of execution are payable by the judgment debtor unless specifically directed otherwise by the court.

The recent case of Dick Kwinga Nzoki v. Kenya Power & Lighting Co. Ltd in the Employment and Labour Relations Court examined the substantive and procedural requirements for a fair dismissal under Kenya's Employment Act. The Hon. Justice Dr. Jacob Gakeri found that while there were valid reasons for Nzoki's dismissal after over 20 years of employment, the procedure followed was flawed and compensation was awarded. This case highlights the importance of complying with statutory disciplinary procedures and providing access to evidence when taking disciplinary action against employees. As Justice Gakeri stated, denying access to material evidence denies an employee a fair hearing. The case also clarified the requirements for proving negligent or improper conduct by an employee as grounds for termination.

The recent case of Protective Custody Limited v. Tom Omunabi Omukuba analyzed the requirements for a lawful termination of employment and the burden of proof on employers to demonstrate fair procedure. Justice Baari examined whether the employer took reasonable steps to notify the employee prior to dismissal and maintained proper employment records. The case underscores the need for written contracts stipulating terms of employment and highlights the court's discretion in determining appropriate compensation for unfair termination.

The recent case of Atege v. Monda analyzed the legal position of interns and whether an internship amounts to an employment relationship. Justice Baari examined the issue of rights and protections available to interns under Kenyan employment law, including the requirements for lawful termination. The case affirms that interns are considered employees under the Employment Act and are thus entitled to basic rights and protections against unfair dismissal. It highlights the obligation on employers to issue contracts stipulating terms even for internship programs.

In a recent legal battle before the Employment and Labour Relations Court in Nairobi, the University Academic Staff Union (UASU) faced off against Egerton University in a case that delved into the registration of a Collective Bargaining Agreement (CBA) spanning the years 2013-2017. The court's ruling, delivered virtually by Hon. Justice Dr. Jacob Gakeri, addressed crucial issues surrounding the validity of the CBA and the procedural hurdles encountered in its registration.

Appeal court clarifies concepts of continuing security and mandatory injunctions

In a legal battle that has captivated the tech industry, Grace Mokaya, a former sales manager at Cisco Systems Management BV, has taken legal action against the renowned American data and technology firm. Seeking compensation exceeding Sh1 billion, she claims that her termination from the company three years ago was both unfair and unlawful. The lawsuit centers around the alleged breach of her constitutional rights and the denial of natural justice during the employment termination process.