Kenyan case law

Samuel Mukonesi Washisino v Rakesh Gudka & another [2013] KEELRC 648 (KLR)

✦ The court finds that the claimant's employment was not unfairly terminated, as the employer imposed new and disadvantageous terms of employment.

Patrick Amudala Mwangale v City Council of Nairobi [2013] KEELRC 820 (KLR)

✦ The Court held that the Claimant's resignation was not voluntary and dismissed the claim for reinstatement.

ABRAHAM NYAMBANE ASIAGO V BARCLAYS BANK OF KENYA LIMITED [2013] KEELRC 230 (KLR)

✦ An injunction restraining the Respondent from alienating, selling, transferring, or attempting to sell the Claimant's property was granted.

EAST AFRICAN PORTLAND CEMENT COMPANY LIMITED V ATTORNEY GENERAL & ANOTHER [2013] KEELRC 225 (KLR)

✦ The Petition is declined, and the parties are ordered to prosecute and defend the Industrial Court Cause Number 484 of 2012 to its conclusion.

KENYA UNION OF ENTERTAINMENT AND MUSIC INDUSTRY EMPLOYEES V BOMAS OF KENYA [2013] KEELRC 229 (KLR)

✦ The Court ordered the Respondent to fully comply with the award by paying all arrears of trade union dues and agency fees from the date of the Minister's order, within 7 days of the ruling, and directed the arrest of the General Manager in default.

BOAZ MOCHAMA MACHOGU V NEW WORLD AUTO LIMITED [2013] KEELRC 226 (KLR)

✦ Claimant failed to prove unlawful termination and therefore is not entitled to compensation for unfair termination.

DOUGLAS KARIUKI KAGAI V ATTORNEY GENERAL& ANOTHER [2013] KEELRC 227 (KLR)

✦ The application to set aside the judgment and grant leave to defend is dismissed. The 2nd respondent is ordered to pay the costs of all proceedings leading to this ruling.

KENYA ENGINEERING WORKERS UNION V EAST AFRICAN FOUNDRY WORKS (K) LIMITED [2013] KEELRC 238 (KLR)

✦ The 13 retrenched employees are entitled to payment of gratuity calculated at the rate of 30 days for each completed year of service, less severance gratuity already paid.

Kenya Union Of Employees Of Voluntary And Charitable Organisations (Kuevaco) v National Jua Kali Demonstration And Training Centre – Kariobangi [2013] KEELRC 731 (KLR)

✦ The grievant was not terminated because for all this time, he was a casual employee. Inasmuch as there is no demonstration of the clear terms of departure by the respondent, the claimant does not either bring out this clearly in evidence.

Dominic N. Mbithi v Dubai Bank Kenya Limited [2013] KEELRC 746 (KLR)

✦ The termination of employment was found to be wrongful, unlawful, and unfair.

ESTHER MUNGWELE MWENDWA V INSIGHT MANAGEMENT CONSULTANTS LTD [2013] KEELRC 232 (KLR)

✦ The employment relationship was found to exist, and the termination was found to be unfair. The Claimant is awarded compensation and notice pay.

Richard Nyaega Ondieki & 4 others v Wakenya Pamoja Savings and Credit Society Limited [2013] KEELRC 615 (KLR)

✦ Application for stay of execution of decree pending appeal is denied.

Agnes Ngendo Wanyoike v Kenya Pipeline Company Ltd [2013] KEELRC 193 (KLR)

✦ The application is allowed on grounds of statute of limitations.

David Kahura Mburu v Shengli Engineering Construction Company Ltd [2013] KEELRC 734 (KLR)

✦ No case for termination of employment was found.

MERCY WAITHIRA NJERU & 3 others v DANIEL NJERU NJOKA MBOGO [2013] KEELRC 233 (KLR)

✦ The application for restraining order is granted

Joyce N. Simitu v Stephen O. Mallowah & 2 Others [2013] KEELRC 605 (KLR)

✦ The court rejects the application and directs that the main suit proceed on merit.

NGAO ELIJAH MVOYI v ATHI RIVER MINING LIMITED [2013] KEELRC 256 (KLR)

✦ The Claimant was not a casual employee and the termination was unfair/unlawful.

QUEENVELLE ATIENO OWALA V CENTRE FOR CORPORATE GOVERNANCE [2013] KEELRC 261 (KLR)

✦ Termination was unfair and compensation, including gratuities and earned leave days, is awarded to the Claimant.

MARY KEMUNTO V 4 KENIA TRUST REGISTERED TRUSTEES [2013] KEELRC 237 (KLR)

✦ The termination was procedurally unfair and procedurally unfair, thus the dismissal was invalid.

John Ogutu Ragama v Elimu Co-operative Savings & Credit Society Limited [2013] KEELRC 597 (KLR)

✦ The Court found the termination of Ragama's contract was due to gross misconduct and thus not entitled to notice. The Court dismissed the claim for premature termination and non-payment of terminal dues. However, the Court ordered the respondent to pay notice pay, leave day, and severance pay to Ragama.

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS UNION [KUDHEIHA VASSOCIATION FOR THE PHYSICALLY DISABLED OF KENYA[APDK] [2013] KEELRC 262 (KLR)

✦ The Court found that the economic dispute should have been separated from the dispute on unfair termination and that the Claimant Union should have filed the implementation issue as an application under the original cause.

JOSEPH NGURE GATHUMBI V MWEA DIVISION LAND DISPUTES TRIBUNAL & 2 OTHERS [2013] KEELRC 264 (KLR)

✦ The court dismissed the preliminary objection and allowed the hearing of the substantive application for prohibition.

KENYA CHEMICAL AND ALLIED WORKERS UNION V EAST AFRICAN PORTLAND CEMENT AND COMPANY LIMITED [2013] KEELRC 258 (KLR)

✦ The Court orders the parties to appoint an independent and impartial arbitrator to resolve the disputed collective bargaining subjects and directs the Industrial Court to only entertain the matter further in accordance with the Labour Relations Act.

ALFRED NYUNGU KIMUNGUI V BOMAS OF KENYA [2013] KEELRC 235 (KLR)

✦ Application for interim reinstatement is rejected; Claimant to prosecute claim expeditiously after Respondent files Statement of Response

Mwandawiro v SDV Transami (K) Ltd (Miscellaneous Application 13 of 2013) [2013] KEELRC 265 (KLR) (27 May 2013)