ELRC · Cause No. E779 of 2023 30 September 2026 CompareKenya's Employment Court confirmed that trade unions can sue for their members, and employers cannot use new 2024 procedural rules to strike
employment labour locus standi striking out civil procedure retrospectivity
Court of Appeal · Civil Appeal E302 of 2021 25 September 2026 Compare
insurance statutory interpretation retrospectivity tort law remedies
Court of Appeal · Civil Appeal No. 65 of 2021 25 September 2026 CompareKenya's Court of Appeal confirmed that decades-old oral land exchanges and sales remain enforceable, and dismissed the landowner's challenge
land law contract law jurisdiction statutory interpretation retrospectivity
ELRC · Cause No. E237 of 2026 24 September 2026 CompareKenya's Employment Court struck out a 19-year-old claim for unpaid leave and gratuity because it was filed far too late, though the claimant
employment labour limitation of actions jurisdiction retrospectivity statutory interpretation
Court of Appeal · Court of Appeal Appeal arising from Nairobi Constitutional Petition No. 3 of 2018 (Memorandum of Appeal dated 26th April 2019) 31 July 2026 CompareThe Court of Appeal dismissed three drug manufacturers' challenge, confirming that Kenya's Parliament can backdate tax benefits and VAT refu
tax law constitutional law statutory interpretation retrospectivity jurisdiction
Court of Appeal · Court of Appeal at Nairobi (appeal against ELRC judgment; memorandum of appeal dated 17th April 2020) 31 July 2026 CompareKenya's Court of Appeal confirmed that the Employment Act, 2007 does not apply to terminations that happened before it came into force.
employment labour statutory interpretation retrospectivity damages judicial discretion
Court of Appeal · Court of Appeal appeal number not stated in the judgment; appeal from High Court Criminal Appeal No. E047 of 2019 (Garsen) 24 July 2026 CompareKenya's Court of Appeal cut a drug trafficker's effective sentence from 20 years to 3 years plus a fine, holding the law set maximum sentenc
criminal law criminal procedure statutory interpretation judicial discretion retrospectivity
Small Claims · Not stated in the judgment 25 May 2026 CompareA Kenyan Small Claims Court held an employee who collected payments using his employer's customs licence must repay Kshs 254,736 because emp
employment labour contract law burden of proof retrospectivity damages
Small Claims · SCC E336 of 2025 (Mombasa) - Notice of Motion dated 21st April 2026 14 April 2026 Compare
civil procedure statutory interpretation retrospectivity jurisdiction commercial law
Court of Appeal · Civil Appeal (Court of Appeal, Mombasa) 13 February 2026 CompareKenya's Court of Appeal ruled matrimonial property is divided by proven contribution, not automatic 50:50 sharing, and older cases follow pr
family law land law statutory interpretation retrospectivity burden of proof
ELC · ELC Appeal (Kilgoris), arising from ELC No. E098/2023 29 January 2026 CompareKenya's Environment and Land Court at Kilgoris upheld a buyer's 2000 oral land purchase, ruling old unwritten land sales still count if the
land law limitation of actions contract law statutory interpretation retrospectivity
Court of Appeal · Civil Appeal E004 of 2020 19 December 2025 CompareKenya's Court of Appeal ruled that an arbitration clause naming abolished offices and tribunals is unenforceable, so the farmer's lawsuit pr
arbitration contract law statutory interpretation agriculture retrospectivity
ELRC · Not stated in the judgment extract 19 November 2025 CompareKenya's Employment Court confirmed a CBA cannot be applied retrospectively to compute gratuity unless the parties clearly intended it.
employment labour contract law statutory interpretation retrospectivity burden of proof
ELRC · Not stated in judgment 3 October 2025 CompareA Nairobi court confirmed employers must deduct only taxes that existed when an employee was fired — and cannot deduct from awarded court co
employment labour tax law statutory interpretation retrospectivity stay of execution
ELRC · Not stated in the judgment 2 October 2025 CompareA former civil servant who resigned after 27 years won his pension, because Kenyan law treats deferred pensions as payable at age 50.
employment labour limitation of actions administrative law statutory interpretation retrospectivity
ELRC · Not stated in judgment 24 July 2025 CompareA Kenyan court upheld a fair dismissal but ordered the Judiciary to pay half salary for the entire suspension period because it unfairly bac
employment labour remedies damages retrospectivity administrative law
ELRC · MCELRC Appeal from Nairobi CMELC No. 1693 of 2019 (memorandum of appeal dated 5th June 2023) 12 June 2025 CompareKenya's Employment Court confirmed you must register your disability before retirement to claim disability-based benefits against a former e
employment labour human rights statutory interpretation retrospectivity burden of proof
Court of Appeal · Criminal Application for resentencing dated 19th September 2024 ( Kisumu) 30 May 2025 CompareKenya's Court of Appeal refused to reduce a death sentence, ruling it cannot reopen cases it has already finalized, even under new 2023 sent
criminal law criminal procedure functus officio judicial discretion retrospectivity
ELRC · Petition dated 24th September, 2018 29 May 2025 CompareA dismissed public officer lost his pension claim because Kenyan courts cannot apply today's laws to events that happened before those laws
employment labour administrative law retrospectivity statutory interpretation remedies
ELC · Not stated in extract 15 May 2025 CompareA Kenyan court cancelled a fraudulent joint land registration and the bank charge built on it, but sent the matrimonial property dispute to
land law family law banking finance burden of proof jurisdiction
ELRC · Memorandum of Appeal dated 11th October 2023 (ELRC Appeal, Nakuru) 14 March 2025 CompareKenya's Employment Court ruled a retired employee rehired on fixed-term contracts cannot claim loyalty pay under a CBA signed after his reti
employment labour contract law statutory interpretation retrospectivity stare decisis
ELRC · ELRC Cause at Kakamega (memorandum of claim dated 23rd May, 2024) 6 February 2025 CompareA Kenyan court confirmed that a university cannot use its internal statutes to lower a retirement age agreed in a collective bargaining agre
employment labour contract law statutory interpretation natural justice retrospectivity
Court of Appeal · Not stated in the judgment 24 January 2025 CompareKenya's Court of Appeal confirmed that expired leaseholders have a legal right to first refusal on renewal, and a land buyer who cannot prov
land law legitimate expectation fair administrative action burden of proof statutory interpretation
Court of Appeal · Not stated in the judgment 10 January 2025 CompareKenya's Court of Appeal ruled insurers cannot carry forward life insurance losses from before 2009 because tax law changes only apply going
tax law statutory interpretation retrospectivity insurance jurisdiction
Court of Appeal · Civil Appeal 37 of 2018 20 December 2024 CompareKenya's Court of Appeal upheld the cancellation of land titles obtained through invalid sale agreements and backdated documents in a family
land law trusts equity contract law burden of proof retrospectivity
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