Kenyan case law

Festus Kyalo Muthiani v Kenyatta National Hospital [2017] KEELRC 502 (KLR)

✦ The termination was for a valid reason and in a fair procedure. The claimant's remedies are not merited.

Ann Wanjiru Mwangi v Faith Homes of Kenya [2017] KEELRC 458 (KLR)

✦ The application is allowed, leave to file notice of appeal out of time is granted

Lorekai Lokosio v Shompole Group Ranch [2017] KEELRC 516 (KLR)

✦ The consent judgment dated 21 March 2014 and the consequential decree issued against the Respondent are set aside.

Ali Omar Faraj v Mini Bakeries [Msa] Limited [2017] KEELRC 481 (KLR)

✦ Termination was unfair and the procedure followed was not fair.

Japhet Nyaberi Maranga v Kenya Power Limited [2017] KEELRC 337 (KLR)

✦ The claim is dismissed with costs as the claimant failed to prove his dismissal was unfair.

Caleb Omondi Radido v East Africa Spectre Limited [2017] KEELRC 500 (KLR)

✦ The Court finds that the Respondent's action amounts to an unlawful and unfair termination of the Claimant's employment.

Abdi Ali Omar v Penmain Company Limited [2017] KEELRC 514 (KLR)

✦ The Claimant's claims are dismissed as there is no evidence to support them.

Benson Webuye Makana v Tandu Alarm Systems Limited [2017] KEELRC 519 (KLR)

✦ The file is transmitted to Hon. Justice Nzioki Wa Makau to prepare a ruling on the application for review and deliver the ruling on notice to the parties.

John Mutisya Mwanzia v Krystalline Salt Limited [2017] KEELRC 94 (KLR)

✦ The court finds that the termination on grounds of redundancy was procedurally fair and dismisses the claimant's other claims.

Beatrice Wanjiru & 2 others v Attorney General & another [2017] KEELRC 510 (KLR)

✦ Judgment is hereby entered for the respondents against the petitioners for dismissal of the petition with no orders as to costs.

Okiya Omtatah Okoiti & another v Cabinet Secretary Ministry of Education, Science and Technology & 5 others [2017] KEELRC 511 (KLR)

✦ The application is dismissed as it is a new cause of action disguised as an application for review and the court lacks jurisdiction to sit on appeal.

Banking, Insurance and Finance Union v Barclays Bank of Kenya Limited [2017] KEELRC 58 (KLR)

✦ The court dismissed the application, finding that the grievant has not proved a prima facie case of irreparable injury and that the bank's staff manual allows for the adjustment of interest rates upon exit from employment.

John Karago Ndirangu v Cobra Security Company Limited [2017] KEELRC 538 (KLR)

✦ The court finds in favor of the claimant and orders the respondent to pay the claimant Kshs.44,994.75 by December 15, 2017, failing interest at court rates to run thereon from the date of resignation till full payment. The respondent is also ordered to deliver the certificate of service by December 15, 2017, and to pay costs of the suit.

Bernard Onyango Mukanga v Infinity East Africa Company Limited [2017] KEELRC 483 (KLR)

✦ The dismissal was unlawful and unfair, and the Claimant is entitled to compensation and notice pay.

Miliki Savings and Credit Society Limited v Karen Roses Limited [2017] KEELRC 279 (KLR)

✦ The court upholds the respondent's objection and strikes out the suit.

Petros Wangangi Kalii & 5 others (Applicants and Promoters of the Proposed Kenya Electricity Utilities Workers Union) v Registrar of Trade Unions [2017] KEELRC 311 (KLR)

✦ The appeal is allowed, and the decision of the Registrar of Trade Unions is quashed. The Registrar is ordered to unconditionally register the proposed union.

Michael Onyango v Steel Structure Limited [2017] KEELRC 515 (KLR)

✦ The application is dismissed with costs in the cause.

Peter Chege Kanja & 6 others v China Wu-Yi Company Limited [2017] KEELRC 480 (KLR)

✦ The application is dismissed with costs as the respondent's admission during the trial that it underpaid the claimants contrary to the law has no arguable appeal on the award of arrear salary payments.

Karim Bogha (Suing as the Administrator and personal representative of the estate of Salim Premji Virjee v ELYS Chemical Industries Limited [2017] KEELRC 300 (KLR)

✦ The claim is found to have been filed out of time and is hereby dismissed with no order as to costs.

Kenya Commercial Food and Allied Workers v Salaries and Remuneration Commission & 2 others [2017] KEELRC 495 (KLR)

✦ Both applications are dismissed and each party bears their own costs.

Jason Oyugi Matoke & 15 others v Bidco Africa Limited [2017] KEELRC 477 (KLR)

✦ The Claimants' application is declined with costs, as no special circumstances were presented and the question of whether the Claimants earned the claimed salaries is a contentious issue to be determined in a full trial.

Kenya Hotels and Allied Workers Union v Ali Barbour’s Cave Restaurant [2017] KEELRC 505 (KLR)

✦ The Court found that the termination of the Grievant's contract was unfair due to redundancy and ordered the Respondent to pay the Grievant the equivalent of 5 months' gross salary in compensation for unfair termination.

Shalom Levi v Karny Zahrya & Rose Wanja Muregi (Environment & Land Case 460 of 2010) [2017] KEELRC 13 (KLR) (8 November 2017) (Ruling)

Chris Kisire Chepkoit v National Bank of Kenya Limited [2017] KEELRC 1982 (KLR)

✦ The court ordered the claimant to repay the due installments as of March 16, 2017, and all other subsequent installments based on the respondent's Staff Loan Policy at 3% per annum until further orders. The respondent was ordered to cause the delisting of the claimant from the Credit Reference Bureau within 30 days. The court also ordered the respondent to refrain from repossessing the claimant's property.

Kenya Building, Construction, Timber and Furniture Industries Employees Union v M/S Newline Furniture Ltd [2017] KEELRC 292 (KLR)

✦ Application dismissed