Kenyan case law

Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Management Sports Kenya & another [2020] KEELRC 350 (KLR)

✦ The Court finds that the respondents violated the petitioner's and its affected members' rights under Articles 27, 41, and 43 of the Constitution. The Court grants the petitioner's claims and orders the 1st respondent to pay all monies deducted from the basic salary from July 2019 to affected grievants, reinstate the basic salaries as at June 2019, and pay interest on the principal sum until full payment.

Josephine Ndinda Kimweli & another v Jazz Warah & another [2020] KEELRC 360 (KLR)

✦ The application is misconceived and dismissed

Emanuel Obingo Okumu v Eliezer Kiratu, Florence Ochieng, Manager Kenya Assembles of God Olympic and Childlife Vocational Training Centre Olympic [2020] KEELRC 356 (KLR)

✦ The notice of preliminary objection is dismissed with orders to file a duly dated verifying affidavit within 30 days.

Clerk,Nairobi City County Assembly v Speaker, Nairobi City County Assembly & another; Orange Democratic Party & 4 others (Interested Parties) [2020] KEELRC 353 (KLR)

✦ The Court finds that the petition meets the threshold set out in Anarita Karimi Njeru and that the Petitioner has not proved the alleged violations.

Alfred O. Amombo v Lake Victoria North Water Services Board [2020] KEELRC 364 (KLR)

✦ The court finds that the respondent erred in paying gratuity only for the served term of the contract and orders the payment of gratuity for the unserved period.

Gerishon Ojwang Otuwi v Kibos Sugar and Allied Industries Limited (Cause 389 of 2015) [2020] KEELRC 371 (KLR) (15 October 2020) (Judgment)

✦ The court finds that the respondent did not provide a valid reason for dismissing the claimant and did not follow a fair procedure.

Japheth Muita Githaiga v Presbyterian University of East Africa [2020] KEELRC 279 (KLR)

✦ The Court allows the application with conditions, ordering the Claimant to pay half of the balance owing within 30 days and the remainder in monthly instalments of Kshs. 200,000.

Japheth Omosa v Omar Shariff Ali, Yaye Said Athman, Ali Omar Sharif & Habib Omar Shariff t/a Istiqama Academy and Tuition Centre (Cause 300 of 2018) [2020] KEELRC 370 (KLR) (15 October 2020) (Judgment)

✦ The termination of the Claimant's employment was substantively and procedurally unfair and he is entitled to compensation.

Amalgamated Union of Kenya Metal Workers v Silverline Services Limited [2020] KEELRC 377 (KLR)

✦ The court ordered the respondent to recognize the claimant union, sign the Recognition Agreement, and deduct union dues from employees.

Muli Musyoka v Steel Makers Limited [2020] KEELRC 385 (KLR)

✦ The appeal is dismissed with no order for costs.

Enock Angoya Ombeva v Kenya Medical Training College [2020] KEELRC 275 (KLR)

✦ The suit is time barred and dismissed.

Kenya Hotels and allied Workers Union v Taratibu Bar and Restaurant [2020] KEELRC 382 (KLR)

✦ The application is dismissed with costs due to inordinate delay and frivolous nature.

Alphonse Odhiambo Orwa v World Vision Kenya (Cause 137 of 2017) [2020] KEELRC 367 (KLR) (15 October 2020) (Judgment)

✦ The court finds that the termination of employment of the claimant was justified, lawful, and fair.

George Olilo Mito v Joyce Oduor Nyanjom, Kisumu National Polytechnic,Council Kisumu Polytechnic, Cabinet Secretary, Ministry of Education & Attorney General (Petition 69 of 2018) [2020] KEELRC 365 (KLR) (15 October 2020) (Judgment)

Ogembo Tea Factory Company Limited v Ondieki Okenda [2020] KEELRC 185 (KLR)

✦ The court held that the respondent's claim was statute barred by dint of the provisions of sections 90 of the Employment Act 2007, as read with section 4(1) of the Limitation of Actions Act, cap 22 laws of Kenya

Ogembo Tea Factory Company Limited v Zerebath Oyaro Marita [2020] KEELRC 369 (KLR)

✦ The court grants the respondent's award of general damages in the sum of Kshs. 600,000 and special damages in the sum of Kshs. 6,500, and orders the appellant to pay the costs of the suit.

Daniel Omondi Ogada & 6 others v County Assembly of Homa-Bay & 2 others [2020] KEELRC 208 (KLR)

✦ The petitioners are entitled to the reliefs sought.

Collins Onyango Otieno v General Equipment (1978) Co. Ltd (Cause 119 of 2017) [2020] KEELRC 224 (KLR) (15 October 2020) (Judgment)

✦ The court found that the claimant was summarily dismissed without a fair hearing and ordered the respondent to pay terminal benefits.

David Matanga Mbirika v Cosmopolitan Club (Cause 345 of 2016) [2020] KEELRC 368 (KLR) (15 October 2020) (Judgment)

✦ Claimant was dismissed on false allegations and no fair procedure was followed. The court awards maximum compensation equivalent to 12 months' salary, one-month salary in lieu of notice, and arrear salary.

Samuel K. Kangogo v Bhayani Nursery And Prijmary School [2020] KEELRC 362 (KLR)

✦ Consent judgment is valid and cannot be set aside as it was entered into voluntarily by the parties and acted upon by the court.

Daniel Omondi Ogada & 2 others v County Assembly of Homabay & 2 others [2020] KEELRC 355 (KLR)

✦ Petition granted

Manuchar Kenya Limited v Dennis Odhiambo Olwete [2020] KEELRC 388 (KLR)

✦ Respondent's application is without merit and is disallowed

Adda Kodero Vincent & 8 others v County Government of Kisumu & another [2020] KEELRC 363 (KLR)

✦ The court finds that the claimants have proved their claims on a balance of probabilities and enters judgment in favor of the claimants.

Abdulahi Mohammed Omar v Energy Regulatory Commission [2020] KEELRC 312 (KLR)

✦ The Petitioner's dismissal was unfair and unjustified, and his constitutional rights were breached.

Mito v Nyanjom & 4 others (Petition 69 of 2018) [2020] KEELRC 386 (KLR) (15 October 2020) (Judgment)

✦ The petition is dismissed in its entirety with costs.