Kenyan case law

Robert Njenga Nduati v Joseph Kimani Muchiri [2019] KEELRC 302 (KLR)

✦ The claimant is awarded compensation, notice pay, underpayments, pay for 4 days worked in March, 2018, and costs.

Boniface Kamau Macharia v Royal Group Industries Kenya Limited [2019] KEELRC 301 (KLR)

✦ The claim for notice pay, overtime pay, public holiday pay, and annual leave pay are dismissed as the termination of employment was within the probationary period and the claims are exaggerated.

Nancy Njoroge v Flamingo Hill Camp Ltd [2019] KEELRC 306 (KLR)

✦ Claims for unpaid overtime, leave allowances, and compensation are dismissed. Terminal dues are applied to offset the claimant's loan.

Dennis Mogire Nyang’acha v Intercity Secure Homes Limited [2019] KEELRC 300 (KLR)

✦ Claimant is awarded Ksh.35,862.40 for underpayments, Ksh.39,184.45 for overtime, Ksh.36,074.00 for work without rest days, Ksh.3,032.10 for pro-rated leave, Ksh.4,800 for uniform deduction, and Ksh.9,686 for unpaid salary. The claimant is not awarded notice pay or compensation for the termination.

Lear Wairimu Kiritu v Maridadi Flowers Limited [2019] KEELRC 2583 (KLR)

✦ The claim is dismissed with costs to the respondent.

Peter Nderi Muya v Ms. Ruth Nyambura T/A Oakridge Academy [2019] KEELRC 314 (KLR)

✦ The suit is dismissed but each party will bear their own costs.

Kigen Festus Kiprono v Lessos Veterinary Supplies Ltd [2019] KEELRC 2601 (KLR)

✦ The Court finds the Claimant guilty of non-disclosure of the real reason for termination and dismisses the claim with costs.

Mercy Nduta Kimani v James Wahome Kuria t/a Chaka Gardens Resort [2019] KEELRC 334 (KLR)

✦ Claimant is entitled to one month's salary in lieu of notice, 2 months compensation for unlawful termination, and costs capped at Kshs. 40,000.

Charles Nteere Mboroki v James Gichuru & another [2019] KEELRC 341 (KLR)

✦ The appeal is dismissed with costs to the respondent

Murphy Chemicals E.A Limited v Hasbah Company Limited & 7 others [2019] KEELRC 2 (KLR)

✦ The suit is reinstated on condition that it is fixed for hearing within six months of the ruling. The application for review of the dismissal order is dismissed.

County Government of Laikipia v Kenya Medical Pharmacists & Dentists Practitioners Union & another [2019] KEELRC 380 (KLR)

✦ The respondents are found to be in contempt of court and will be called to mitigate before sentence.

James Munene Ireri v Neno Sacco Society Limited [2019] KEELRC 384 (KLR)

✦ The Court dismissed the claim, finding that the termination was justified due to gross misconduct and that the suit was filed too late to be considered.

Josphene Kathure Muriungi v Teachers Service Commission & 2 others [2019] KEELRC 310 (KLR)

✦ The court quashes the 2nd Respondent's decision to transfer the Petitioner to Gachanka Secondary School and orders the 1st Respondent to take into account the Petitioner's medical condition when transferring her in future if she is gravid.

Nelly Adagi v Basf East Africa Limited [2019] KEELRC 436 (KLR)

✦ The dismissal was not unfair and the claimant's case is dismissed with costs.

Elam Lumwaji t/a Domicile Auctioneers v Securex Agencies (K) Ltd [2019] KEELRC 359 (KLR)

✦ The Court allows the application filed by the applicant to execute the bill of costs with costs

Eric Kamau & 3 others v Dot.Com Bakery Limited [2019] KEELRC 398 (KLR)

✦ The Court found that the redundancy was unfair and unlawful, and restrained the respondent from proceeding with the redundancy.

Peak East Africa Limited v National Hospital Insurance Fund [2019] KEELRC 397 (KLR)

✦ The Court finds that the petitioner has established a threatened violation to freedom and security of the person and the right to property.

Mathew Wambua & 15 others v Cabinet Secretary Ministry of Environment & Forestry & another; Chair Person Salaries & Remuneration Commission (Interested Party) [2019] KEELRC 412 (KLR)

✦ Judgment is entered for the petitioners, declaring the stoppage of special house allowance as a violation of their rights.

Joseph Kipkemboi Tanui v Chief of Kenya Defence Forces & 2 others [2019] KEELRC 409 (KLR)

✦ The court finds the petition not res judicata and the doctrine of exhaustion does not apply. The petition is supported by admissible evidence and the petitioner's rights were violated.

Peter Okech Okoth v Al-Meezan Exhibition Ltd & 2 others [2019] KEELRC 428 (KLR)

✦ The court directs the claimant to serve the 1st and 2nd Respondents afresh.

Joan Wairimu Wanyutu v Social Service League, MP Shah Hospital [2019] KEELRC 417 (KLR)

✦ Interlocutory injunction is declined, reinstatement is also declined.

Linet Lugusi Matika v SAS Security Company Limited [2019] KEELRC 366 (KLR)

✦ The Court finds the termination unfair and awards compensation of Kshs.42,000.00, Kshs.7,000.00 for termination notice, Kshs.21,000.00 for salary for March, June, and May 2015, Kshs.3,500.00 for unfairly deducted salary for July 2015, Kshs.1,166.67 for 5 days worked in August 2015, and Kshs.2,500.00 for uniform.

Adrian Kamotho Njenga v Cabinet Secretary, Ministry of Education,Science & Technology & another [2019] KEELRC 431 (KLR)

✦ The Court finds it lacks jurisdiction and directs the Petition to be transferred back to the High Court.

Charles A.J Osicho, Peter Nguma Matheka, Joseph Odimo, George Makau, Stephen Keke, Paul Oketch Nyasuga & Tony Omondi (All Suing on Behalf of the Proposed Kenya Union of Road Costruction and Civil Engineering Workers) v Registrar of Trade Unions; Kenya Building Construction Timber and Furniture Industries Employees Union (Interested Party) (Appeal 18 of 2019) [2019] KEELRC 396 (KLR) (Employment and Labour) (8 November 2019) (Judgment)

✦ The Court finds in favor of the appellants, declaring the refusal invalid and ordering the registration of the proposed trade union

Elizabeth Kadali Chunga v Zahra Rashid [2019] KEELRC 346 (KLR)