Kenyan case law
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Carolyn Kipkeny Arkach v Telkom Kenya Limited [2015] KEELRC 322 (KLR)
✦ The preliminary objection is overruled, and the suit shall proceed to trial on merit.
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Henry Choti v Seasons Hotel Ltd [2015] KEELRC 349 (KLR)
✦ The employment was not terminated but the Claimant resigned. The Claimant has not proved a promise to pay terminal dues.
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Nicholas Muema Mutemi v Kenya Wildlife Service [2015] KEELRC 340 (KLR)
✦ Dismiss the claim with costs and direct the Claimant to clear with the Respondent within 30 days.
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Kenya Chemical & Allied Workers Union v Botanical Extracts (EPZ) Limited (Cause 2116 of 2012) [2015] KEELRC 332 (KLR) (Employment and Labour) (29 October 2015) (Judgment)
✦ The Court found that the termination of the Grievants did not meet substantive and procedural tests as provided in section 41, 43, and 45 of the Employment Act 2007, and were therefore unfair.
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Kenya Aviation Workers Union v Bollore Africa Logistics – Kenya & 3 others [2015] KEELRC 231 (KLR)
✦ The Court dismissed the preliminary objections
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John Muturi Wanjiku v Samani Construction Limited [2015] KEELRC 327 (KLR)
✦ The Court finds the termination unfair and unjustified, and awards 1 month's salary in lieu of notice, unpaid October salary, and 12 months salary as compensation for unlawful termination.
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John Muturi Wanjiku v Samani Construction Limited [2015] KEELRC 336 (KLR)
✦ The Court finds the termination unfair and unjustified, and awards 1 month's salary in lieu of notice, unpaid October salary, and 12 months salary as compensation for unlawful termination.
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Karanja Kahara v Jaribu Motors Limited [2015] KEELRC 343 (KLR)
✦ The termination was unfair and unjustified, and the Claimant is awarded a Certificate of Service, 12 months salary as compensation, and costs.
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Rahab Wothaya Esiromo & 7 others v Blueshield Insurance Company Limited & 3 others [2015] KEELRC 1646 (KLR)
✦ The court is not functus officio and the application is not unmerited due to inordinate delay.
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P J O v F A C L [2015] KEELRC 330 (KLR)
✦ The Court found the termination to be unfair and ordered the Respondent to pay the Claimant severance pay and service pay.
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John Ngowah v East Africa Safari Air Express Ltd [2015] KEELRC 206 (KLR)
✦ Interest rates are as set out in the Court judgement and are payable from the date of filing suit herein. Each party shall bear their own costs for this application.
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Primus Apamo Ochieng v Principal Secretary Ministry of Health & another [2015] KEELRC 271 (KLR)
✦ The interdiction is upheld.
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Caleb Ongale Mukuba v Michael Wachira T/A Maxim Security Services [2015] KEELRC 345 (KLR)
✦ The termination was unfair and unjustified, and the Claimant is awarded 1 months salary in lieu of notice, house allowance, prorata severance, 12 months salary as compensation for unlawful redundancy, and leave pay.
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Kenya Union of Employees Of Voluntary and Charitable Organisations (Kuevaco) v Nairobi Pentecostal Church Christ is the Answer Ministries (Npc-Citam) [2015] KEELRC 333 (KLR)
✦ The Court found the termination of the Claimant unfair and unjustified, and ordered remedies including leave allowance and pastoral allowance.
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Kenya Chemical & Allied Workers Union v Botanical Extracts (EPZ) Limited [2015] KEELRC 334 (KLR)
✦ The dismissal is reduced to a normal termination with full benefits and an equivalent of ten (10) months wages as compensation for wrongful termination.
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Bakari Kea v Evangelical Lutheran Church of Kenya (ELCK) through Arch-Bishop Rt. Rev. Dr. Walter Obare Omwanza & 2 others [2015] KEELRC 328 (KLR)
✦ The Court directs parties to take a date on priority basis for hearing of the two applications. Parties are advised to consider staying all the applications in favor of taking a hearing date for the main suit for a final determination.
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Nas Auto Spares v Land Acquisition & Compensation Tribunal & 2 others [2015] KEELRC 355 (KLR)
✦ The court finds that the Exparte Applicant's notice of motion dated 23rd April 2013 is without merit and is dismissed with costs.
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Clarice Odhiambo v Coca-Cola Company & 2 Others [2015] KEELRC 270 (KLR)
✦ The court held that the claimant's suit was filed in time and that the date of termination was valid.
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Monarch Insurance Co. Ltd v Industrial Court & another [2015] KEELRC 274 (KLR)
✦ The Court held that the Petitioner was not entitled to retrench its staff under the redundancy clause and that the redundancy was discriminatory.
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Joseph Alego Awendo & 23 others v Egerton University & another [2015] KEELRC 397 (KLR)
✦ The motion to set aside the dismissal order is dismissed with costs to the Respondents
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Peter Maina Gichuki v Anord Shah t/a Nagaria Hardware & Supper Mukuyu [2015] KEELRC 391 (KLR)
✦ Judgment entered for the claimant for unfair termination, awarding 12 months' salary, one month pay in lieu of notice, and costs.
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Peter Lichungu v Kenya Power & Lighting Company [2015] KEELRC 317 (KLR)
✦ The objection by the respondent is sustained with the consequence that the petition herein is struck out with costs.
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Ali Hussein Dore & another v Mohamed Orio Burani & another [2015] KEELRC 1645 (KLR)
✦ The Court finds the 1st and 2nd Claimants were employed by the Respondents and dismissed unlawfully. The Court awards compensation for unlawful dismissal and service pay.
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Richard Okemwa Nyakwara v Capital Fish (K) Ltd [2015] KEELRC 310 (KLR)
✦ Claimant is entitled to one month's pay in lieu of notice, unpaid leave for three years, and service pay for three years.
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Michael Savali Musyoka v Manji Food Industries Limited [2015] KEELRC 361 (KLR)
✦ The court dismisses the claimant's suit with costs, finding that the claimant failed to prove his employment with the respondent and the injury occurred outside of work