Kenyan case law
-
Oduol v County Public Service Board of Siaya & another (Petition 34 of 2020) [2022] KEELRC 13313 (KLR) (30 November 2022) (Ruling)
✦ The Court dismissed the application and struck out the petition with costs.
-
Motari v Kisii Bottlers Limited (Cause 341 of 2015) [2022] KEELRC 13318 (KLR) (30 November 2022) (Judgment)
✦ The court finds no merit in the cause and dismisses it with no order on costs.
-
Igonyi & 66 others v Ogembo Tea Factory Ltd (Cause 286 of 2016) [2022] KEELRC 13325 (KLR) (30 November 2022) (Ruling)
✦ The motion is dismissed with costs as there is no merit in it.
-
Naftaley v Cooperative Society Ltd (Cause 475 of 2017) [2022] KEELRC 13332 (KLR) (30 November 2022) (Judgment)
✦ Termination was declared unfair, and the Respondent is ordered to pay compensation equivalent to 12 months' salary, notice, annual leave, and 13 days' salary for August 2016.
-
Odongo v Nakuru County Public Service Board & 5 others; Kiplangat & 20 others (Interested Parties) (Employment and Labour Relations Petition E017 of 2022) [2022] KEELRC 13319 (KLR) (29 November 2022) (Ruling)
✦ The preliminary objections by the Respondents are hereby dismissed. The Petition shall proceed to hearing on merit on priority basis.
-
Mwangi v Happy Go Ltd (Cause 229 of 2018) [2022] KEELRC 13321 (KLR) (29 November 2022) (Ruling)
✦ The application is dismissed with costs, and the Respondent is ordered to pay the entire amount awarded in the judgment within 30 days.
-
Ogutu v Governor of Nakuru County & 3 others; Kiplangat & 20 others (Interested Parties) (Petition E16 of 2022) [2022] KEELRC 13334 (KLR) (29 November 2022) (Ruling)
✦ The preliminary objections by respondents are found to have no merits and are hereby dismissed.
-
Law Society of Kenya & 2 others v Attorney General & 2 others; Korir & 50 others (Interested Parties) (Constitutional Petition E186, E189 & E192 of 2022 (Consolidated)) [2022] KEELRC 13324 (KLR) (29 November 2022) (Judgment)
✦ The Court has jurisdiction to entertain the consolidated petitions and the petitions are ripe for consideration. The Industrial Court has exclusive jurisdiction to consider the claims of breach of fundamental rights as pertain to industrial and labour relations matters.
-
Bamburi Cement Limited v Kikungu & another (Appeal 14 of 2020) [2022] KEELRC 13302 (KLR) (28 November 2022) (Judgment)
✦ The Court sets aside the apportionment of liability at 50:50 between the Appellant and the 2nd Respondent and orders that the 2nd Respondent is solely liable to pay general and special damages to the 1st Respondent.
-
Great Rift Valley Lodge & Resort v Masikilo (Employment and Labour Relations Appeal 44 of 2017) [2022] KEELRC 13316 (KLR) (28 November 2022) (Ruling)
✦ The appeal is reinstated for hearing on merits.
-
Kenya Plantation & Agricultural Workers Union v Limuru Tea Growers Group of FKE & 7 others (Cause 263 of 2017) [2022] KEELRC 13328 (KLR) (28 November 2022) (Ruling)
✦ The court orders the respondents to pay agency fees and deduct union dues since April, 2017, pending the hearing and determination of the matter or a decision from the National Labour Board.
-
Apex Steel Limited v Nyagaresi (Appeal 7 of 2021) [2022] KEELRC 13290 (KLR) (28 November 2022) (Judgment)
✦ The appeal is allowed, the judgment of the trial court is set aside, and the suit is dismissed with costs to the Appellant.
-
Kenya Chemical Workers Union v Polypipes Industries Limited (Cause 307 of 2020) [2022] KEELRC 13339 (KLR) (25 November 2022) (Ruling)
✦ The Court has jurisdiction to hear and determine the suit. The claimant union has locus standi to bring the suit on behalf of Mr Bernard Nzuma Muthini.
-
Nyali International Beach Hotel v Bundi and 145 others; Nyali Sun Africa Beach Hotel and Spa Limited (Interested Party) (Cause 960 of 2016) [2022] KEELRC 13273 (KLR) (25 November 2022) (Ruling)
✦ The court clarified that the orders in the decree were not directed at the interested party, which is not liable to satisfy the decree. The claimant admitted or agreed liability to pay in terms of the decree by consent of the claimants and the respondents.
-
Gituma v PZ Cussons PLC (Petition E178 of 2021) [2022] KEELRC 13281 (KLR) (25 November 2022) (Ruling)
✦ The application is dismissed for destituteness in merit.
-
Kitavi v Tononoka Rolling Mills Ltd (Employment and Labour Relations Cause 670 of 2016) [2022] KEELRC 13303 (KLR) (25 November 2022) (Judgment)
✦ The court found that the claimant was not continuously employed and was terminated on a casual basis. The claimant is not entitled to the reliefs sought.
-
KUDHEIHA Workers Union v St. Teresa’s Girls Secondary School (Cause 134 of 2017) [2022] KEELRC 13300 (KLR) (25 November 2022) (Judgment)
✦ The Court found the termination of the grievants' employment to be unfair and unlawful.
-
Athi River Mining Limited v Mutiso & another (Both suing for and on behalf of the Estate of Dominic Kioko Mwiso - Deceased and for his Dependants) (Appeal 12 of 2021) [2022] KEELRC 13282 (KLR) (25 November 2022) (Judgment)
✦ The Appellant is found 100% liable for the deceased's death due to silicosis, and the award of damages is upheld.
-
Ngatia v Chemoquip Limited (Cause 1903 of 2016) [2022] KEELRC 13305 (KLR) (25 November 2022) (Ruling)
✦ The application is dismissed with no orders as to costs.
-
Wasirimba v Bhunda t/a Bhundia Associates (Employment and Labour Relations Cause 2101 of 2017) [2022] KEELRC 13306 (KLR) (25 November 2022) (Judgment)
✦ The court held that the claimant was not in the respondent’s employment after June 30, 2016, and thus, the claimant was not unfairly or unlawfully terminated.
-
Ndiritu v Boc Gases Kenya Limited (Cause 1846 of 2016) [2022] KEELRC 13304 (KLR) (25 November 2022) (Judgment)
✦ The claimant has failed to prove his case on a balance of probability, save for the claim on baggage allowance which is awarded at Kshs 34,000/=. Interest shall apply at court rates from the date of filing of the suit until payment in full.
-
Muhura v Kenya Rural Roads Authority (Cause 881 of 2018) [2022] KEELRC 13335 (KLR) (25 November 2022) (Judgment)
✦ The claim is dismissed in its entirety.
-
Mulomba v Panari Hotel Limited (Cause 1041 of 2017) [2022] KEELRC 13301 (KLR) (25 November 2022) (Judgment)
✦ The claimant is awarded one month's salary in lieu of notice being the sum of Kshs 56,544.00.
-
Mohamed & another v Deputy County Commissioner Wajir South Sub-County & 4 others (Petition E040 of 2022) [2022] KEELRC 13323 (KLR) (25 November 2022) (Judgment)
✦ An order of Mandamus does issue compelling the 1st to 3rd Respondents to repeat the recruitment exercise in tandem with the Constitution and the relevant statutory instruments.
-
Makokha v Human Performance Dynamics Africa Limited (Cause 1593 of 2014) [2022] KEELRC 13269 (KLR) (24 November 2022) (Judgment)
✦ The termination was found to be unlawful and unfair.