Keya v Crescent Tech Ltd (Appeal E154 of 2025) [2026] KEELRC 2435 (KLR)
The bottom line
#Kenya's Employment Court confirmed a COVID-19 redundancy was lawful because the employer gave proper notice, and claims like discrimination must be backed by real evidence.
What this practically means
#Executive summary
#Key legal issues
#Validity and procedure of the redundancy
Due process in redundancy was followed: notice dated 27 April 2020 was issued, notice was given to the labour officer, and the appellant was invited to a meeting of 14 August 2020 with both written and oral notice
The court found the notice dated 27 April 2020 communicated the intention to declare redundancy due to COVID-19's impact on the business; notice went to the labour officer; the appellant received emails and attended a meeting explaining the extent and purpose of the redundancy. Reliance on Cargill and Africa Nazarene University supported that notice may be oral or written. The magistrate's findings were therefore correct.
Alleged discrimination in recall of other employees
Claim failed for lack of particulars and proof
The appellant did not identify the employees recalled or address her personal circumstances as the only employee singled out for redundancy. Citing Barclays Bank v Gladys Muthoni, the court held that discrimination, though prohibited, must be proved by evidence. Since she admitted receiving the redundancy notice and dues, her claim of discrimination was unproven.
House allowance claim
Rejected because the salary was consolidated as permitted by section 31 of the Employment Act
Clause 6.1 of the 5 August 2016 contract provided a consolidated salary of Ksh. 50,389. The court held a consolidated salary is permissible under section 31, and that a Service Desk Coordinator's salary was not a basic wage to which Wage Order house allowance provisions would apply. The magistrate correctly applied the law on this head.
Legal principles established
#- On a first appeal the court re-evaluates the material on record and reaches its own conclusions, but must have regard to the trial court's advantage in assessing witness demeanour
- Discrimination must be proved by evidence; mere assertion is insufficient
- Notice of redundancy to the affected employee may be oral or in writing
Court orders
#- 1.The appeal is dismissed
- 2.Each party to bear its own costs
- On appeal from
- Magistrates' Court (Nairobi MCELRC)
- E1241 of 2022
- Jurisdiction invoked
- First appeal to the Employment and Labour Relations Court from the magistrate's judgment of 22 April 2025
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keya v Crescent Tech Ltd (Appeal E154 of 2025) [2026] KEELRC 2435 (KLR)", Case Analysis (2026). ELRC Appeal No. E154 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2435/eng@2026-08-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.