Kenyan case law
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Otieno Nalwayo v Mumias Sugar Co. Ltd [2015] KEELRC 404 (KLR)
✦ The application succeeds in part and the warrant of attachment and sale are recalled and set aside. A fresh decree for the principal sum of Shs.103,500 and agreed party and party costs of Shs.105,000 is drawn.
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Peter Mbuthia Gitau v Kenya Revenue Authority [2015] KEELRC 306 (KLR)
✦ The respondent's code of regulations allows for the payment of house allowance and medical cover during suspension but not salary. The court orders the respondent to hear and determine the claimant's disciplinary issue expeditiously.
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Margaret Njoki Mburu & 4 others v Thuita Investment Company Limited [2015] KEELRC 446 (KLR)
✦ The court finds that section 40 of the Employment Act, 2007 on redundancy applies to the claimants' termination from employment. Each claimant is entitled to pay in lieu of annual leave due but not taken, one month pay, severance pay for each completed year served, and public holidays, house allowance, and compensation for loss of employment.
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James Mangale Chai v Gigi & Company [2015] KEELRC 422 (KLR)
✦ Leave to amend the claim is granted.
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Kenya Union Of Commercial Food And Allied Workers v Top Rank Brewing Company Limited [2015] KEELRC 473 (KLR)
✦ The application for a stay of execution pending appeal is dismissed with costs.
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Kenya Women Finance Trust DMT Ltd v Stephen Mwaniki Muriuki [2015] KEELRC 444 (KLR)
✦ The claimant is entitled to the prayers as made in the statement of claim. The court has jurisdiction to determine the suit. The respondent is not entitled to the prayers as made in the counterclaim.
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Maxwell Masai Joseph v Synergy Freight and Logistics Ltd [2015] KEELRC 466 (KLR)
✦ The Court orders the Application for Stay of Execution of the Award to be rejected, and the sum awarded to be released to the Claimant.
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Michael Mwai v Josiah Mugwe Thatia & 3 others [2015] KEELRC 455 (KLR)
✦ The claimant's suit is dismissed with costs as it was time barred.
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Oyangi Zachary v Nairobi West Hospital [2015] KEELRC 303 (KLR)
✦ The award of compensation for public holidays is revised from Kshs.36,478 to Kshs.4,314.80. The rest of the prayers are dismissed.
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Margery Muthoni Ndwiga v Daima Savings & Co-operative Society Limited [2015] KEELRC 447 (KLR)
✦ The termination was not unfair and the claimant is entitled to Kshs.10,405.00
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Michael Muchoki Mwangi v Stephen Gachugi Muthoga [2015] KEELRC 449 (KLR)
✦ The termination was unfair due to lack of a valid reason and procedural unfairness. The court awards 6 months' gross salaries and other benefits for unfair termination.
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Kenya Local Government Workers Union v Nyeri County Council Through the Clerk to the Council [2015] KEELRC 472 (KLR)
✦ The plaintiff's failure to prosecute the suit was not excusable, and the delay in filing the application to set aside the dismissal order was inordinate and not excusable.
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Kenya Union of Domestic Hotels Educational Institutions Hospitals & Allied Workers v Patrick M. Kabundu Proprietor of Ivory Sport [2015] KEELRC 438 (KLR)
✦ The court finds that the dismissal of the grievant was unfair and unjustified, and awards compensation for accrued employment dues and compensation for unfair termination.
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Alfonso Katheka Munyali & another v Council Of The Kenya School Of Government & 3 others [2015] KEELRC 431 (KLR)
✦ The court finds that the applicants are necessary parties in this suit for purposes of effectual and complete determination of all the questions raised in the suit.
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Bethwel Hopkins Mukolowe Oriko v K.K. Security Company Limited [2015] KEELRC 188 (KLR)
✦ The court finds that Claimant was unlawfully and unfairly terminated and awards him 1 months salary in lieu of notice, salary for May 2009, salary not paid during suspension, prorated service pay, and 12 months salary compensation for unlawful termination.
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Charles Muthama v Wananchi Group (K) Limited [2015] KEELRC 420 (KLR)
✦ The Court found that the Respondent terminated the Claimant's services without valid reasons and without due process.
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Lister Nyariage Kingoina v Retriever Limited [2015] KEELRC 212 (KLR)
✦ The dismissal was unfair as the employer did not provide a fair hearing to the claimant before terminating her employment.
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Leonard Gethoi Kamweti v National Bank of Kenya Limited & 2 others [2015] KEELRC 414 (KLR)
✦ The court's order excluding certain evidence from the amended plaint is upheld.
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Musyoki Mweleli v Masaku Lucky Wholesalers [2015] KEELRC 421 (KLR)
✦ The court finds that there were no valid reasons to terminate the Claimant and that no due process was followed, making the termination unfair.
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Peter Kabunyi Gathinji v Teachers’ Service Commission [2015] KEELRC 411 (KLR)
✦ Petition dismissed as it has no merit.
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Joseph Oloo Juma v Vegpro Kenya Ltd [2015] KEELRC 424 (KLR)
✦ The court finds the termination unfair and unjustified, and awards compensation.
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Amalgamated Union of Kenya Metal Workers v Toyota Kenya Limited [2015] KEELRC 412 (KLR)
✦ The court found that the Respondent has not breached its duty to remit agency fees and that the Claimant's motion is not valid.
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Dennis Moturi Anyoka v Kenya Revenue Authority & 2 others [2015] KEELRC 409 (KLR)
✦ The court finds that there has been unreasonable delay in calling for a disciplinary committee hearing and that the Petitioner's constitutional rights have been violated.
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Christopher Njoroge Kiarie v Simply Perfect Limited [2015] KEELRC 416 (KLR)
✦ The Court finds that the Claimant was not unfairly terminated and awards him his salary for the 2 months amounting to 36,000/= and orders the Respondent to pay costs of the suit.
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Communication Workers Union of Kenya v Telkom Kenya Limited [2015] KEELRC 418 (KLR)
✦ The court finds that the Applicants' application has merit and directs them to move the court within 90 days to determine any pending issues.