Kenyan case law

Kenya Union of Employees of Voluntary & Charitable Organisations (KUEVACO) v National Council of Churches of Kenya (NCCK) [2014] KEELRC 1179 (KLR)

✦ Judgment is entered for the claimant against the respondent for: 1. Payment of notice pay, annual leave entitlements, redundancy/severance pay, and unpaid salary to the grievants; 2. Payment of costs of the suit.

Patrick Musikoyo Ojwang v Security Group Kenya Limited (Cause 1779 of 2011) [2014] KEELRC 1259 (KLR) (18 July 2014) (Judgment)

✦ The Court finds that the Respondent’s dismissal of the Claimant was arbitrary, unfair, and unlawful.

John Kawa Ilume v Pan Africa Life Assurance Co. Ltd [2014] KEELRC 1205 (KLR)

✦ The motion is non-meritorious and dismissed with costs

Dr. Samson Gwer & 5 others v Kenya Medical Research Institute (KEMRI) & 3others [2014] KEELRC 352 (KLR)

✦ The court found that the Respondents' conduct did not amount to discrimination under Article 27(4) of the Constitution.

Nderitu v Kenya Farmers Association Limited (Cause 22 of 2014) [2014] KEELRC 1178 (KLR) (18 July 2014) (Judgment)

Julius Karingithi Mahinda v Taidy’s Investment Limited [2014] KEELRC 1176 (KLR)

✦ The termination was unfair and the claimant is entitled to a declaration and compensation

Moses Theuri Kainga v Prime Fuels [Kenya] Limited [2014] KEELRC 358 (KLR)

✦ Termination of the Claimant's contract of employment was unfair.

Banking, Insurance and Finance Union [Kenya] v Consolidated Bank of Kenya Limited [2014] KEELRC 354 (KLR)

✦ Summary dismissal was preceded by fair and valid reason, but the Grievant was not heard at all, and is granted 5 months' gross salary as compensation for the procedural violation.

Ndao Mahupa Daluh v Crown Petroleum (K) Ltd [2014] KEELRC 1198 (KLR)

✦ Respondent's review application dismissed

Josehat M. M’rwigi v Kenya Ports Authority [2014] KEELRC 1189 (KLR)

✦ The preliminary objection is declined with no order as to costs.

Kenya Union Of Commercial, Food And Allied Workers v Ukwala Supermarket Limited [2014] KEELRC 1177 (KLR)

✦ The court finds that the termination was fair and that the claimant has not established underpayment. The court orders the respondent to pay Kshs.10,000 to each of the 30 employees declared redundant on July 30, 2012, and to pay the claimant's half costs of the suit.

Nyaata Makori v Kiamokama Tea Factory Co. Ltd [2014] KEELRC 1203 (KLR)

✦ The suspension was unlawful and the termination was unfair and wrongful.

Maurice Ouma Omollo v Gothic Investments Limited [2014] KEELRC 1173 (KLR)

✦ The termination of the Claimant's employment was found to be unfair, and the Claimant is awarded compensation for unfair termination, including 6 months' salary and 1 month's salary in lieu of notice.

Chris Ngaira Isabwa v Postal Corporation Of Kenya [2014] KEELRC 1269 (KLR)

✦ The claim is not maintainable due to the late filing of the suit.

Ciiru v The Sarova Stanley (Cause 912 of 2013) [2014] KEELRC 176 (KLR) (Civ) (16 July 2014) (Judgment)

Paul Musili Mutambuki v Hardwick Limited [2014] KEELRC 333 (KLR)

✦ The Court finds the declaration of redundancy genuine and the loss well mitigated by terminal benefits. The Claimant is awarded Kshs.58,384.62 in severance pay.

Peter Oenga Ongaga v Payless Car Hire & Tours Limited [2014] KEELRC 1316 (KLR)

✦ The claimant is not entitled to the outlined claims

John Mwanzia Mbithuka v Mr. Mukesh Malde (Managing Director) & Another [2014] KEELRC 351 (KLR)

✦ The court finds that the claimant has proved his claim and awards him notice pay, compensation for unlawful and unfair dismissal, and payment in lieu of leave days not taken.

Enoch Marita & 3 others v Maggies Restaurant Co Ltd & another [2014] KEELRC 1174 (KLR)

✦ The Court finds no basis for joining the 2nd Respondent and proceeds to strike out the Claimants' claim as against him. The declaration of redundancies was procedural and lawful, and the Claimants were paid all their terminal dues. The Claimants are entitled to the reliefs sought.

Mathew Obuko Osinya v Attorney General & another [2014] KEELRC 186 (KLR)

✦ The Court finds the dismissal to be unfair and unlawful.

Alfonce Mua Kasimu v Electrical Card Services Ltd [2014] KEELRC 1171 (KLR)

✦ The Court finds that the Claimant was not paid his salary for October 2009 and 6 days in November 2009. The Claimant's resignation was not precipitated by the Respondent, and the claims for medical expenses refund, loan and house rent default charges, and damages for breach of contract are dismissed. The Claimant is awarded Kshs. 50,667 for salary and 6 days' pay.

Banking Insurance & Finance Union v Co-operative Bank of Kenya Limited (Cause 372 of 2012) [2014] KEELRC 182 (KLR) (15 July 2014) (Judgment)

Lawrence Angolo Omuhaka v Mumias Sugar Company Ltd [2014] KEELRC 1201 (KLR)

✦ The court grants the application and orders the claimant to amend their claim within 14 days with a corresponding leave for the respondents to file a reply within 14 days.

Banking Insurance and Finance Union v CFC Stanbic Bank [2014] KEELRC 1143 (KLR)

✦ The Court found that the redundancies targeted employees working in the Supply Chain Management Department, and that the Respondent did not comply with the law and the Collective Bargaining Agreement.

Anthony Kioko Muia v East African Growers Ltd [2014] KEELRC 1231 (KLR)

✦ The Court found the termination to be unfair and ordered the payment of dues and compensation.