Kenyan case law

Joseph Okota Ombok v Taidy’s Investments Limited [2016] KEELRC 321 (KLR)

✦ The Court found that the separation was at the request of the Claimant, and thus, the Claimant opted out on ill health.

Joseph Kiprono Koech v County Government of Turkana & another [2016] KEELRC 291 (KLR)

✦ The motion to cite the 2nd Respondent for contempt is dismissed with costs to the Respondents

Samuel Thuku Mwangi v County Government of Laikipia & 3 Others [2016] KEELRC 432 (KLR)

✦ The plaintiff's suit is dismissed as time-barred under section 3(2) of the Public Authorities Limitation of Actions Act.

Josephine Mukulu Kimuyu v John Akida [2016] KEELRC 456 (KLR)

✦ Termination was unfair due to lack of valid reason and reasonable accommodation.

Banking Insurance & Finance Union (K) v National Housing Coporation [2016] KEELRC 450 (KLR)

✦ The court found that the respondent failed to sign the recognition agreement and ordered further orders for a future hearing.

Erick Namisi Sifuma & 2 others v Guava Restaurant [2016] KEELRC 343 (KLR)

✦ The preliminary objection is dismissed with costs to each of the Claimants

Samuel Atsiaya v Little Scholars Academy Limited [2016] KEELRC 371 (KLR)

✦ The court finds the termination wrongful and in breach of the contract, and awards the claimant compensation and notice pay.

Elizabeth Njeri Ndichu v Ann Mwangi & another [2016] KEELRC 427 (KLR)

✦ The court upheld the claimant's retirement in public interest and ordered her to be paid full retirement benefits and terminal dues.

Munir Abubakar Masoud v Commisioner of Customs & 3 others [2016] KEELRC 489 (KLR)

✦ The Petition is struck off as it exceeds the intention of the leave granted to file a fresh Claim under the Industrial Court [Procedure] Rules 2010.

Kenya National Private Security Workers’ Union v Pichaz Security (K) Limited [2016] KEELRC 366 (KLR)

✦ The court finds that the respondent is engaged in systematic violation of workers' rights and freedom and grants the following orders: deduct and remit union dues, allow workers to be organized and engage in union activities, and direct the respondent not to intimidate, victimize, harass, or sack any worker on the basis of their involvement in union activity.

Aeneriko Simon Wekesa v County Government of Bungoma [2016] KEELRC 349 (KLR)

✦ The Court found that the termination was unfair and unprocedural, and awarded the Claimant one month's salary in lieu of notice, arrears of salary, annual leave, and compensation.

Kenya Union of Sugar Plantation and Allied Workers v Chemelil Sugar Company Limited [2016] KEELRC 417 (KLR)

✦ The court dismisses the case as it is beyond the statute of limitations and the court has no jurisdiction to entertain the claim.

Paul Ndungu Ndichu v Amos Mathenge Kabuthu Registered Trustees of Africa & 2 others [2016] KEELRC 462 (KLR)

✦ The retired Archbishop of the AIPCA will vacate office and the Bishop Synod Chairman, Bishop Phillip Kubai, will take over as spiritual head for a period of 135 days.

Jalis Ayotabi Awiti v J.R.S Group Security Limited [2016] KEELRC 416 (KLR)

✦ The court finds in favor of the Claimant, finding that the Respondent terminated the employment constructively by unilaterally changing the terms and failing to address the issue of drunkenness.

Josephat Kaliche Ambani v Farm Industries Limited [2016] KEELRC 415 (KLR)

✦ The Appellant is awarded general damages of Kshs. 200,000/- with interest from the date of this judgment until payment in full; Kshs. 1,500; and costs of the suit and appeal.

Kenya Hotels & Allied Workers Union v Stanbradox Bar & Restaurant [2016] KEELRC 414 (KLR)

✦ The termination of the 1st, 2nd, 3rd, and 4th Grievants was unfair, and they are entitled to one month's salary in lieu of notice, leave earned during employment, payment for public holidays, and underpayments.

Kenya Breweries Limited v County Government of Masa & 6 others (Environment and Land Case Civil Suit 46 of 1996) [2016] KEELRC 448 (KLR) (27 October 2016) (Ruling)

Michael Opondo Were v Maths Trading Company Limited [2016] KEELRC 42 (KLR)

✦ The Court reviews the notice pay award and awards two months' notice pay of Kshs.60,000.00. The house allowance award is not reviewed.

Philip Omenda Otieno v West Field Motors Limited [2016] KEELRC 412 (KLR)

✦ The Court dismissed the Respondent's Preliminary Objection as the suit was not out of time and the distinction between a contract of service and a contract for employment is not relevant.

Lucy Wangari Methu v County Commissioner Nyandarua County & 4 others [2016] KEELRC 302 (KLR)

✦ The interdiction of the applicant is suspended pending the hearing and determination of the suit. The applicant is reinstated to the office of Chief, Kipipiri Location, County of Nyandarua with all benefits.

Bob Mui v Fidelity Security Limited [2016] KEELRC 436 (KLR)

✦ Claimant voluntarily resigned in February 2013 but failed to give the requisite notice. He is entitled to his leave days but not the notice pay. He is not entitled to service pay as a NSSF member.

James Mulinge v Freight Wings Ltd & 3 others [2016] KEELRC 11 (KLR)

✦ The application for perjury is dismissed

Republic v Kenya Revenue Authority ex parte Paul Makokha Okoiti [2016] KEELRC 50 (KLR)

✦ The matter is not res judicata and is not sub judice.

Alice Mbithe Mwanzia v Xpress It Courier Limited [2016] KEELRC 449 (KLR)

✦ The Court finds in favor of the Claimant, declaring that she was constructively dismissed and that the termination was unfair and unlawful.

Peter Mutua Mwanzia v Mini Bakeries (Nairobi) Limited [2016] KEELRC 438 (KLR)

✦ The court found the termination unfair and awarded the claimant the following: 1 month's salary in lieu of notice, 13 years' service pay, security deposit, leave days for 2012, and house allowance at 15% of basic pay.