Kenyan case law
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Robert Musyoka v Missions Hope International [2014] KEELRC 1229 (KLR)
✦ The Claimant was on a month-to-month contract at the time he ceased to work for the Respondent. The Claimant is entitled to his prayers.
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Churchill Ongalo v Kenya Kazi Security Services Limited [2014] KEELRC 1287 (KLR)
✦ The application is dismissed with costs
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Mary Nafula Ingati v Ruth Hankel Martha & another [2014] KEELRC 1291 (KLR)
✦ The court finds the dismissal unlawful and unfair, and awards 10 months' salary each to the claimants as compensation for the unlawful and unfair summary dismissal.
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Kennedy Nyachiro v Seventh Day Adventist Church Registered Trustees [2014] KEELRC 1256 (KLR)
✦ The application is dismissed with costs.
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Kenya Ferry Services Limited v Dock Workers Union (Ferry Branch) [2014] KEELRC 1239 (KLR)
✦ The Court orders an injunction prohibiting the Respondent from taking part in a strike, cessation of work, or any form of industrial action pending the hearing.
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Marisiari Kibeherere & another v Rose Nabire Muturi t/a Nekima Security Services [2014] KEELRC 143 (KLR)
✦ The termination was unlawful and unfair, and the Claimants are entitled to compensation for three months' salary and terminal benefits.
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Edward Juma Masakha v National Environment Management Authority [2014] KEELRC 1210 (KLR)
✦ The court upholds the findings of the disciplinary committee that Joseph Kopejo shouldered higher responsibility for the irregular issuance of the high risk project license. The court also upholds the dismissal of the claimant for the reasons that he was guilty of the offences brought against him.
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Barnaba Muchile Andayi v Super Bargains Glass & Hardware (Nku) Ltd [2014] KEELRC 1216 (KLR)
✦ The court finds the claimant was employed as a loader on October 10, 2010. The termination was unfair due to the claimant's valid claim for compensation for an injury sustained at work. The court awards 12 months' salaries for unfair termination and 25,993 for pay in lieu of annual leave.
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Hezron Mukoko Silunya v Teachers Service Commission (Petition 10 of 2014) [2014] KEELRC 1213 (KLR) (31 July 2014) (Ruling)
✦ Petitioner's application is determined with the status quo maintained pending hearing
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Southern Eastern Univeristy College v Peterson Ontunya [2014] KEELRC 144 (KLR)
✦ The court awards no interest on the consent award and each party bears their own costs.
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David Mutemi v Hebatullah Brothers Limited [2014] KEELRC 1209 (KLR)
✦ The Respondent's application is dismissed as the Claimant's ex parte award was not set aside due to lack of proper service of the hearing notice and notice to file submissions.
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Josephat Ambubi Musumba & another v Vegpro (K) Limited [2014] KEELRC 1301 (KLR)
✦ The application for an interim stay of execution is granted.
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Transport & Allied Workers Union Kenya v Focus Cab Service Limited [2014] KEELRC 1267 (KLR)
✦ The Court finds the dismissal to be unfair and orders the Respondent to pay the Claimant the following: 1. Payment in lieu of notice - Ksh. 12,000/- 2. Payment for 19 days worked in January, 2010 - Kshs. 7,600/- 3. Payment for service pay for the one year worked - Ksh. 6,000/- 4. Pay in lieu of one year’s leave entitlement - Ksh. 8,400/- 5. Full salary payment for the period locked out of employment - 20th January 2010 to 14th July, 2010 6. 12 months compensation for unfair dismissal and loss of gainful employment.
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Chris Elamoka v Corn Products Ltd [2014] KEELRC 1224 (KLR)
✦ Due process was followed, but Elamoka was not given adequate time to defend himself. The court orders 6 months salary as terminal benefits.
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Peter Dan Oruko & 9 Others v Chemilil Sugar Company Ltd [2014] KEELRC 1227 (KLR)
✦ The court grants leave to file the claim out of time.
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David Kamande Kimani v General Alluminium Fabricators [2014] KEELRC 1255 (KLR)
✦ The dismissal is declared wrongful and unfair.
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Sammy Bett, Leah Kiget, Daniel Nkanata, Reuben Kenduiwa & Joel Amuga v National Cereals and Produce Board [2014] KEELRC 1496 (KLR)
✦ The dismissal was not wrongful and the claimants are not entitled to the reliefs sought
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Luka Matara Seremani v Hanelis Restaurant Limited [2014] KEELRC 1214 (KLR)
✦ The termination of the Claimant's employment was found to be unfair due to the lack of a valid reason and due process.
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Okiya Omtatah Okoiti & another v KEMRI Board of Management & 6 others [2014] KEELRC 1497 (KLR)
✦ The petition is dismissed as the petitioners failed to establish the required threshold to obtain the orders sought.
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Kenya Union of Commercial, Food and Allied Workers v Mek Sacco Society Ltd [2014] KEELRC 311 (KLR)
✦ Granting orders restraining the respondents from intimidating, harassing, and victimizing the grievants, and from terminating, dismissing, or declaring the grievants redundant pending determination of the dispute.
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Peter Kaili v Malken Housing Systems Limited [2014] KEELRC 14 (KLR)
✦ The respondent's application to dismiss the suit is dismissed. The matter is fixed for a full hearing.
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Margaret A Ochieng v National Water Conservation & Pipeline Corporation [2014] KEELRC 328 (KLR)
✦ The Court dismissed the Claimant's alternative prayers and declined the Application for Review.
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John Mwangi Kuria & 165 Others v Attorney General & Another [2014] KEELRC 1208 (KLR)
✦ The Court finds that the retrenchment exercise was flawed due to non-compliance with the law and collective bargaining agreement, and awards severance pay and damages for breach of fundamental rights.
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Kenya Union of Printing,Publishing, Paper Manufacturers and Allied Workers v Highland Paper Mills Ltd [2014] KEELRC 1221 (KLR)
✦ The court directs the issue of redundancy be handled by the labour officer and a report be made to court in due course, maintaining the status quo.
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Job Idaki v Export Promotion Council [2014] KEELRC 1260 (KLR)
✦ The Court finds that the termination of the Claimant's employment was unlawful and dismisses the claim.