Kenyan case law
-
Daniel Ouma Orawo v Midrock Water Dlilling Company Limited [2015] KEELRC 375 (KLR)
✦ The termination of the Claimant was unfair due to lack of due process and notice, and the Claimant is entitled to notice pay, annual leave, and other benefits.
-
Bonventure Kioko Mutuku v Attorney General & another [2015] KEELRC 370 (KLR)
✦ The court finds jurisdiction properly applied and that the petition raises weighty issues on the constitutionality of the Employment Act sections 41, 42, and 45(3) of the Constitution. The court will hear the petitioner on his application and address the issues on the main petition once the pending application is addressed and determined.
-
Mohamed Hassan Mkoma v Kenya Marine Contractors [EPZ]Limited [2015] KEELRC 506 (KLR)
✦ The Court dismisses the Respondent's Application to set aside the Award and orders costs to the Claimant.
-
Kuria v Kenya Broadcasting Corporation (Cause 801 of 2013) [2015] KEELRC 1658 (KLR) (28 September 2015) (Judgment)
✦ The court finds the dismissal to be unfair and without procedural fairness, and awards 12 months compensation of Kshs. 1,272,000/- to the claimant.
-
Munir Abubakar Masoud v Kenya Revenue Authority [2015] KEELRC 503 (KLR)
✦ The Court dismisses the High Court's order for transfer and finds that the claim has been dismissed for lack of prosecution. The Court grants leave for a fresh claim.
-
Banking, Insurance & Finance Union (KENYA) v National Bank of Kenya Limited [2015] KEELRC 379 (KLR)
✦ The Court denied the application, finding that the grievants are bound by their contracts and the Court cannot change such contracts. The retirement age can be agreed upon and the dues payable agreed upon.
-
Nalyanya v I Messina Kenya Ltd [2015] KEELRC 504 (KLR)
✦ The Court dismissed the Claimant's claim for wrongful termination.
-
Charles Nyegenye & another v Hatari Security Services Limited [2015] KEELRC 509 (KLR)
✦ The claimants' contracts of employment were unfairly terminated, and they are entitled to compensation equivalent to their 12 months' salary.
-
Kenya Hotels and Allied Workers Union v Diani Sea Resort T/A Carslake Nominee Limited [2015] KEELRC 528 (KLR)
✦ The Preliminary Objection is rejected
-
Anthony Mbinda Mutinda v Delina General Enterprises Ltd & 2 others [2015] KEELRC 1638 (KLR)
✦ The Court finds the Claimant was employed by the Respondents and the termination was unlawful and unfair, entitling him to compensation and terminal benefits.
-
Eliud Munga Kiragu v National Treasury, Public Service Commission & Attorney General [2015] KEELRC 532 (KLR)
✦ Claimant is entitled to retirement in the public interest with full pension benefits and compensation for wrongful dismissal.
-
Asenath Donela Hoch v Principal Women's Institute For Secondary Education & Research & another [2015] KEELRC 521 (KLR)
✦ The termination of the Claimant's contract was both substantively and procedurally unfair.
-
Bilton Etobo Barasa Okhonjo & 33 others v Kenya Ports Authority [2015] KEELRC 513 (KLR)
✦ Preliminary Objection is rejected, and parties are ordered to take a date for the hearing of the main dispute.
-
Julius Macharia Ndugire & 2 others v Daniel Irungu Wanjohi [2015] KEELRC 530 (KLR)
✦ The appeal is partially successful, with the judgment and decree varied by deleting Kshs. 131,015.30 and substituting Kshs.128,701.10.
-
Richard Kenei v Sovereign Group Limited & another [2015] KEELRC 505 (KLR)
✦ The court held that the termination of the Claimant's contract was not through breach by the respondents, but rather by the Claimant's resignation without notice.
-
Peter Omiro Makoyo v Mini Bakeries (Msa) Ltd [2015] KEELRC 515 (KLR)
✦ The termination of the claimant's employment was unfair and unlawful.
-
Kenya Ferry Services Limited & another v Dock Workers Union (Ferry Branch) & 2 others [2015] KEELRC 519 (KLR)
✦ The Claimant's CEO and HR Manager are in contempt of the Court's decision and are ordered to serve a 5-month jail term each, with the sentence suspended for 1 month.
-
Republic v Teachers Service Commission & another Ex-parte Kenya Union of Post Primary Education Teachers (KUPPET) [2015] KEELRC 1636 (KLR)
✦ The Application by KUPPET is dismissed with costs to both the Respondent and Interested Party. The interim order is discharged accordingly.
-
Michael Ndungu v Higher Education Loans Management Board [2015] KEELRC 1637 (KLR)
✦ The application is dismissed with costs.
-
Teachers Service Commission v Kenya National Union of Teachers & another; Attorney General (Interested Party) (Petition 72 of 2015) [2015] KEELRC 529 (KLR) (25 September 2015) (Judgment)
✦ The petition was not res judicata and raised new issues distinct from the judgment in Petition No. 3 of 2015.
-
James H. Mudanya & 26 others v Flech Vieh Cattle Breeders Limited [2015] KEELRC 514 (KLR)
✦ The Claim is hereby dismissed with no order on the matter.
-
Alfred Kaloki & 13 others v Sea Front Entertainment Limited [2015] KEELRC 524 (KLR)
✦ The Application is rejected with costs to the Claimants
-
Danson Ndeti v Board of Trustees National Social Security Fund [2015] KEELRC 491 (KLR)
✦ The court lacks jurisdiction to entertain the suit as it was filed outside the limitation period.
-
Kudheiha Workers v Bog Kairuri Mixed Day Secondary School [2015] KEELRC 531 (KLR)
✦ The court finds the termination unfair and awards the grievant 2 months' salary and 5 days' pay in lieu of notice.
-
Kenneth Mwaniki Njiriri v Permanent Secretary Office of The President & 2 others [2015] KEELRC 525 (KLR)
✦ The court finds the dismissal valid and lawful, and the suit is dismissed.