Court Rules Employers Can Inspect Work Laptops Used for Personal Business

The Employment and Labour Relations Court in Nairobi has ruled that employees cannot automatically claim privacy over personal information stored on an employer-owned computer when the device is inspected for a legitimate work-related purpose.

The ruling was delivered on July 21, 2026, by Justice Onesmus Makau, in a case involving Lucy Wacheke Gatere and Royal Tulip Canaan Nairobi. Lucy Wacheke had sued her former employer over what she described as unfair termination of her employment.

Court Explains When Employers Can Inspect Work Computers

The dispute arose after the employer inspected her work computer following a double-booking incident to determine whether Lucy Wacheke had been checking official emails and the events calendar as required in her role.

However, the inspection revealed that she had not checked or responded to work emails, had sent incorrect Banquet Event Orders, and had failed to check the events calendar.

The court also noted that Wacheke had configured her personal email and personal business Outlook account on the employer-owned computer.

As a result, Justice Makau found the inspection lawful, proportionate, and conducted for a legitimate business purpose.

The court held that Wacheke could not claim a violation of her right to privacy simply because the employer encountered personal information while inspecting its own computer for a legitimate workplace purpose.

“The inspection was lawful, proportionate and conducted for a legitimate business purpose. Therefore, the claimant cannot scream violation of the right to privacy if the employer stumbled on personal information during the said inspection.”

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Unfair Termination

Furthermore, the court held that employees who use office computers for personal business cannot successfully claim infringement of privacy where the employer inspects the device to verify its use.

The judgment also cautioned employees against using official computers and employer email systems for private matters or storing personal data on work devices.

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The court noted that workplace emails and communications are within the employer’s prerogative, citing an earlier decision in Peter Apollo Ochieng v Instarect Ltd.

It held that the time, tools and resources used for workplace communication are the property of the employer.

Despite the findings, the court separately determined that her termination was procedurally unfair and that she was entitled to compensation and salary instead of notice under the Employment Act.

Therefore, the court awarded Lucy Wacheke Ksh255,300, representing two months’ salary in lieu of notice based on her monthly salary of Ksh127,650 as she had worked for the employer for more than five years.

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Court of Appeal
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