Kenyan case law
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John Wachira Gikonyo & 9 others v County Government of Laikipia [2018] KEELRC 175 (KLR)
✦ The retirement notice issued to the claimants was premature and illegal.
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David Otieno & 4 others v Spectre International Limited [2018] KEELRC 447 (KLR)
✦ The termination was found to be unfair due to lack of fair procedure, and each claimant is awarded seven (7) months' gross salary as compensation.
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Denis Onyando Nyakeruri v Kisii County Assembly Service Board & 2 others [2018] KEELRC 266 (KLR)
✦ The applicant be paid his full salary in the meantime until this matter is heard and determined.
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Kenya County Government Workers Union v Kisumu County Assembly Service Board & another [2018] KEELRC 69 (KLR)
✦ The respondents are awarded costs incurred due to the withdrawal of the claims and applications.
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Marcos Ingumba Evusa v Menengai Oil Refinaries Ltd [2018] KEELRC 132 (KLR)
✦ Claimant is awarded compensation of Ksh.67,500.00, leave pay of Ksh.9,801.40, and costs of the suit.
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Everline Manuni v Mudete Tea Factory [2018] KEELRC 359 (KLR)
✦ The claimant's contract was continuous from May 2003 to December 2013, and the termination was unfair.
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Linet Bosibori Moruri v Kisii Bottlers Limited [2018] KEELRC 138 (KLR)
✦ The court finds that the termination was not for a valid reason and violates sections 43 and 45 of the Employment Act. The claimant is entitled to compensation and other remedies.
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Boom A. Bosire v Gusii Mwalimu Co-operative Savings and Credit Society Limited [2018] KEELRC 200 (KLR)
✦ The Appellant is to be paid three months salary, salary during suspension, underpayments, and terminal benefits including severance pay.
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Maurice Abwao Okwach v Chairman Board of Management Otieno Oyoo Secondary School [2018] KEELRC 262 (KLR)
✦ The Appellant is entitled to payment in lieu of one month notice and service gratuity, totaling Kshs.226,369.
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Kenya Union of Employees of Voluntary and Charitable Organisations (Kuevaco) v De La Rue Currency & Security Print Limited [2018] KEELRC 213 (KLR)
✦ The court finds that the players were entitled to termination notice payments but not to the claimed salaries and allowances.
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Donald Nyairo Ongori v Kisii County Assembly Service Board & 2 Others [2018] KEELRC 294 (KLR)
✦ The application for interim injunction is dismissed as the petitioner has not made a prima facie case and the court is slow to interfere with the employer's disciplinary mandate.
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Kenya Union of Sugar Plantation and Allied Workers Union v Muhoroni Sugar Company Limited [In Receivership] [2018] KEELRC 72 (KLR)
✦ The Court finds the claim improperly before the court and rejects it.
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Isaac Njuguna v Farmland Aviation Ltd [2018] KEELRC 139 (KLR)
✦ The Court of Appeal allowed the appeal and set aside the dismissal of the claimant's suit, holding that the trial judge's findings were erroneous.
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Kenya Building, Construction, Timber, Furniture and Allied Industries Union v Jubilee Jumbo Hardware Limited [2018] KEELRC 226 (KLR)
✦ The Court sets the effective dates and duration of the CBAs, recommends wage increases, allowances, and other terms and conditions of service.
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Joseph Nyarango Ondari v Secretary General Union of Kenya Civil Servants & 3 others [2018] KEELRC 70 (KLR)
✦ The claim is declared time barred and struck off with no order as to costs
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Leva Timber Hardware Limited v Kamal L. Vaghela [2018] KEELRC 127 (KLR)
✦ The Counter Claim is dismissed in its entirety as the Defendant failed to prove the claims for salary arrears and refund of monies obtained from him under duress and/or coercion.
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Kenya National Union of Nurses v County Public Service Board Homabay (Cause 301 of 2017) [2018] KEELRC 107 (KLR) (6 December 2018) (Ruling)
✦ The court dismissed the application for review, stating that the finding of law and fact by the trial judge cannot be challenged in this manner.
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Bernard Amoro Mutendi v Teachers Service Commission [2018] KEELRC 376 (KLR)
✦ The claim is statute barred and the suit is struck out.
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Barnabas Kiprono & 5 others v Kerio Valley Development Authority [2018] KEELRC 91 (KLR)
✦ Petition is dismissed with costs to be shared equally by the Petitioners
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Peter Odongo Obura v Secretary of the County Government of Migori (Petition 12 of 2017) [2018] KEELRC 147 (KLR) (6 December 2018) (Judgment)
✦ The suit is time barred and the court lacks jurisdiction to entertain it.
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Joshua Onyango Okoth v Sony Sugar Company Limited [2018] KEELRC 232 (KLR)
✦ The employment of the Claimant was terminated for a valid reason and a fair procedure was followed.
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Bernard Wafula Sitokam v Jubilee Rafiki Hardware Limited [2018] KEELRC 354 (KLR)
✦ The termination of the claimant's employment was unfair due to lack of valid reason and procedural fairness. The claimant is entitled to one month's salary in lieu of notice, withheld salary for 7 days worked, annual leave not taken, underpayments, and compensation for unfair dismissal.
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Daniel Ngariba Marwa & 32 others v County Government of Migori & another [2018] KEELRC 109 (KLR)
✦ The claim is rejected
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Rita Mwende Mutune v Gigi Motors Limited [2018] KEELRC 224 (KLR)
✦ The Claimant was not an employee of the Respondent but a Commission Agent. The termination was unfair.
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Phaisal Mohammed Bando v Kaskazi Network Limited [2018] KEELRC 92 (KLR)
✦ Compensation for work injury assessed at Kshs.144,000, six months unpaid salary awarded