Kenyan case law
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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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Fredrick Otieno Oswe v Spectre International Co. Limited & another [2018] KEELRC 130 (KLR)
✦ A mandatory interim injunction is issued against the first respondent not to further deduct any salary from the applicant and to render to the court, the applicant and the second respondent within 30 days, an account of all the monies deducted from the salary of the applicant and remitted or not remitted to the second respondent.
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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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Kenya Engineering Workers’ Union v Jokali Handling Services Limited [2018] KEELRC 310 (KLR)
✦ The application is dismissed as no contempt has been proved by the Claimant.
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Paul Abuto Obwon & 61 others v Muhoroni Sugar Company Limited [2018] KEELRC 111 (KLR)
✦ The Petition is struck out for want of jurisdiction due to the limitation period expiring in 2007.
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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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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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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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Alice Mmboga Ogola v Nyayo Tea Zone Development Corporation Limited (Kimondi) [2018] KEELRC 88 (KLR)
✦ The court dismisses the application for stay of execution, finding that the pending appeal would not be rendered nugatory and that the Claimant should enjoy the fruits of his judgment.
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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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Gilbert Wachilonga Wanyonyi v Principal, Kuywa Girls High School & another [2018] KEELRC 395 (KLR)
✦ The claim is time-barred and the claimant's claim is struck out.
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Kibos Sugar And Allied Industries Ltd v Stephen Otieno Adie & another [2018] KEELRC 248 (KLR)
✦ The Appeal is dismissed with costs, and the judgment of the trial court is upheld in its entirety, including the award of costs and interest at court rates.
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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 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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Peter Masila Ngengya v Meya Agri Traders Limited [2018] KEELRC 115 (KLR)
✦ The claimant's claims are dismissed, but he is issued with his Certificate of Service.
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Kenya Union of Entertainment & Music Industry Employees v Bomas of Kenya Limited [2018] KEELRC 103 (KLR)
✦ The Application is dismissed with costs to the Claimant/Respondent.
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Anthony Mbugua Kamau v Nairobi City Water & Sewarage Company Limited [2018] KEELRC 83 (KLR)
✦ The application is allowed, and the Claimant is granted leave to amend his Claim.
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Agripina Nthambi Ngondu v Sandro Giouse [2018] KEELRC 298 (KLR)
✦ The Claimant's claim is dismissed with costs.
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Kenneth Kipkemboi Settim & Jossy M Kioko v National Social Security Fund Board of Trustees [2018] KEELRC 121 (KLR)
✦ The Court dismissed the application, finding the claim was time-barred and had not gone through the conciliation process.
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Janet Muriungi v Chief Officer Department of Education [2018] KEELRC 170 (KLR)
✦ The suit is struck out as incompetent due to the incorrect party being sued and the matter not being referred to conciliation.
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John Gichuru Ngunju v Kenya Hospital Association Limited t/a the Nairobi Hospital [2018] KEELRC 202 (KLR)
✦ The Claimant is entitled to notice pay, 14 days salary, outstanding leave days, and 8 months' salary as compensation for the unlawful and unfair termination.
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Rashid Abdallah v The Beaumont Resort Limited [2018] KEELRC 301 (KLR)
✦ The termination of the Claimant's employment was substantively and procedurally unfair, and he is entitled to compensation.
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Richard Ondiege Onyango v PZ Cussons East Africa [2018] KEELRC 188 (KLR)
✦ The termination of the Claimant was unfair and unjustified, and he is entitled to damages.
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Justus Kangethe Wanyoike v Roy Hauliers Limited [2018] KEELRC 434 (KLR)
✦ Dismissal was not for a valid reason and the Respondent did not discharge its burden under Section 47(5) of the Employment Act.
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Joyce Wanjiku Njoroge v Attorney General [2018] KEELRC 245 (KLR)
✦ The claim is therefore dismissed for want of limitation with no order as to costs.