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A new era of employer accountability regarding mental health in the workplace

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A new era of employer accountability regarding mental health in the workplace

A significant decision delivered by the Employment and Labour Relations Court has firmly placed mental health on the compliance radar for Kenyan employers. In AWW (Suing as Next Friend and Mother of GWW) v Central Bank of Kenya (Cause E888 of 2022) [2024] KEELRC 13585 (KLR) (18 December 2024) the court found that failing to accommodate an employee’s known mental health condition amounted to indirect discrimination and procedural unfairness.

3 Jul 2025 1 min read Employment Law Alert Article

At a glance

  • A significant decision delivered by the Employment and Labour Relations Court has firmly placed mental health on the compliance radar for Kenyan employers.
  • In AWW (Suing as Next Friend and Mother of GWW) v Central Bank of Kenya (Cause E888 of 2022) [2024] KEELRC 13585 (KLR) (18 December 2024) the court found that failing to accommodate an employee's known mental health condition amounted to indirect discrimination and where there is an ongoing procedural matter, procedural unfairness.
  • This case establishes clear employer obligations towards employees with mental health conditions. Employers must go beyond merely providing medical treatment and must make reasonable accommodations in the workplace, investigate mental incapacity before dismissal and ensure fair processes that account for an employee's mental state.

1. Brief facts2. An employer’s duties

3. An employer’s duties...continued_1

4. An employer’s duties...continued_2

5. Government action

6. FINAL conclusion[31]

 

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