Kenyan case law
-
John Kilonzo Mutua v Auto Springs Manufacturers Limited [2017] KEELRC 532 (KLR)
✦ The claimant is entitled to one month's salary in lieu of notice, three months' salary as compensation for unlawful and unfair dismissal, and unpaid leave.
-
Amos Mbugua Njeri v Packaging Industries Ltd [2017] KEELRC 596 (KLR)
✦ The termination was unfair and procedurally flawed
-
Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers v P.C.E.A Tumu Tumu Hospital [2017] KEELRC 656 (KLR)
✦ The court finds the claimant not entitled to the arrears as claimed and returns the claimant not entitled to the house allowance arrears.
-
Claire Kavanya v Mobicom [K] Limited [2017] KEELRC 488 (KLR)
✦ The claimant's contract of service was unfairly terminated by the respondent.
-
Said Juma Ali Samba v Harish Patel [2017] KEELRC 506 (KLR)
✦ The suit is time barred and the court lacks jurisdiction to entertain it.
-
George Amatsima Tatwa v Bob Morgan Service Li [2017] KEELRC 503 (KLR)
✦ The termination was unfair and the procedure was not fair.
-
George Omondi Otieno v Good Bread Kenya Limited [2017] KEELRC 625 (KLR)
✦ The Respondent's motion is dismissed with costs to the Claimant.
-
Dock Workers Union [K] v Kenya Ports Authority [2017] KEELRC 517 (KLR)
✦ The suit is time barred and the court lacks jurisdiction to determine it.
-
Annabell Muthoni Wagura v Board of Management Dr.Kamudia High School [2017] KEELRC 666 (KLR)
✦ The termination was unfair as the respondent did not state the reason for termination and the claimant was fit to continue in the respondent's service.
-
P. Ochieng Ochieng & Company & another v Kenya Hotels and Allied Workers Union [2017] KEELRC 569 (KLR)
✦ The court is unable to grant the orders sought in both applications and refers the case back to the Deputy Registrar with instructions to tax the bill afresh based on the fact that the subject matter of the suit has no ascertainable value.
-
Newton Kapiyo v Homa Bay County Assembly Service Board & another [2017] KEELRC 574 (KLR)
✦ The advertisement of the positions was without authority, irregular, and unlawful.
-
James Ang’awa Atanda & 10 others v Judicial Service Commission [2017] KEELRC 614 (KLR)
✦ The Court extended the time for depositing the decretal sum and granted a stay of execution pending appeal.
-
Maxwell Miyawa & others v Judicial Service Commission [2017] KEELRC 593 (KLR)
✦ Court extended the time for depositing the decretal sum to 30 October 2017 and granted stay of execution pending appeal.
-
Benedict Kariuki v DHL Worldwide Express [K] Limited [2017] KEELRC 11 (KLR)
✦ Termination was unfair due to flawed procedure, but not on the grounds of permanent employment.
-
Jeremia Mwihia Njau v Warstila East Africa Limited [2017] KEELRC 8 (KLR)
✦ Termination was unfair, and the Claimant is granted the equivalent of 12 months' salary at the rate of Kshs. 73,797 per month, totaling Kshs. 885,564, in compensation for unfair termination.
-
Patric Handa v Rai Plywoods (K) Ltd (Cause 20 of 2017) [2017] KEELRC 1974 (KLR) (29 September 2017) (Ruling)
✦ The court dismissed the applicant's motion to review and set aside the dismissal order, but allowed the motion to reinstate the applicant's claim and set it down for hearing at the earliest opportunity.
-
Kenya Union of Domestic, Hotels, Educational Institutions and Hospital v Social Service League M.P Shah Hospital [2017] KEELRC 540 (KLR)
✦ The court finds the respondent's declaration of redundancy lawful and in accordance with the Employment Act, 2007, and dismisses the claimant union's case without merit.
-
Kenya Union of Commercial Food and Allied Workers v Mombasa Water Supply & Sanitation Company Limited [2017] KEELRC 675 (KLR)
✦ The court vacates the interim orders granted on 22/5/2017 and dismisses the application dated 19/5/2017, stating that the dispute is substantially the same as the one pending before the labour Cabinet Secretary and that it is not in the best interests of justice to have the disputes proceed parallel before this court and the other labour institutions.
-
Kenya Union of Domestic, Hotels, Education Institutions Hospitals and Allied Workers Kudheiha v Board of Governors Wangunyu High School [2017] KEELRC 682 (KLR)
✦ Judgment in favor of the claimants for payment of terminal benefits and compensation for unlawful termination.
-
Kenya Hotels and Allied Workers Union v Pangoni Beach Resort [2017] KEELRC 673 (KLR)
✦ The Motion is dismissed for lack of merits and lack of legal basis
-
Raphael Otieno Odumo & 27 Others v Kenya Engineering Workers Union Headquaters & 2 others [2017] KEELRC 664 (KLR)
✦ The petition is incompetent and the dispute is not a constitutional question whose relief does not lie in a suit under the rules of procedure of the court. The petition is struck out and the petitioners are directed to file a normal suit to challenge their redundancy.
-
Musyoka Munuve v Mavji Construction Limited [2017] KEELRC 546 (KLR)
✦ The claimant was deemed a regular employee due to his aggregate period of employment being more than one month. The court awarded the claimant one month's salary in lieu of notice, two months' wages for unfair termination, and costs of the suit.
-
Lucy Nyandia Mwangi v Mathenge and Muchemi Advocates & another [2017] KEELRC 681 (KLR)
✦ The objection to the attachment was upheld, and the attachment was set aside.
-
Joel Kibet Rotich v Kenya Power & Lighting Company Ltd, Trustees & Retirement Benefits Scheme (Cause 4 of 2014) [2017] KEELRC 691 (KLR) (29 September 2017) (Ruling)
✦ The preliminary objection is dismissed with costs to the Claimant/Respondent.
-
Nduva Kilungya v Kassam Hauliers Limited [2017] KEELRC 10 (KLR)
✦ Termination was unfair. Respondent must pay compensation for unfair termination, notice pay, and other benefits.