Kenyan case law

MUGO MICHAEL NJAGE & OTHERS V NYAGA GICHINDANO [2013] KEELRC 297 (KLR)

✦ The court denies the application for an injunction.

KENYA NATIONAL PRIVATE SECURITY WORKERS UNION V KENYA KAZI SECURITY SERVICES LIMITED [2013] KEELRC 259 (KLR)

✦ The Court dismissed the Respondent's application to stay the execution of the Second Award.

MARTIN MAKAU KITHEKA V UCHUMI SUPERMARKETS LIMITED [2013] KEELRC 295 (KLR)

✦ The preliminary objection is upheld, and the claim is struck out.

MOSES KIPLAGAT CHANGWONY V TANA AND ATHI RIVERS DEVELOPMENT AUTHORITY [2013] KEELRC 286 (KLR)

✦ Claimant was not constructively dismissed and there was no unfair treatment. Claimant was found not guilty of the misconduct charges.

BENTACK KILUNDO V SCHENKER LIMITED [2013] KEELRC 275 (KLR)

✦ The court reviews the decision, sets aside the award of 3 months' salary in lieu of notice, the award of payment in lieu of leave, and the award of gratuity, and substitutes them with 1 month's salary in lieu of notice, the setting aside of the leave award, and the setting aside of the gratuity award.

Charles Manono Onchiri v Kenyatta National Hospital & 2 others [2013] KEELRC 624 (KLR)

✦ Preliminary objection upheld, claim struck out

DAVID MAINA NDEGWA V AMON NJATHI NJUGUNA [2013] KEELRC 287 (KLR)

✦ The court finds the claimant entitled to 21 days in lieu of leave for the year 2009 in the sum of Kshs. 5,000/= and orders the Respondent to pay Kshs.12,500/= plus costs.

RUTH NJERI NGUGI V CROWN FOODS LIMITED [2013] KEELRC 279 (KLR)

✦ The application for review is dismissed. The claimant is ordered to bear her own costs of the application.

LOICE OTIENO V KENYA COMMERCIAL BANK LTD [2013] KEELRC 271 (KLR)

✦ The termination was procedurally unfair and the Claimant is entitled to 6 months' compensation in the sum of Kshs 591,582/- with interest.

Mwangi Patrick Githinji & 14 others v International Organization For Migration [2013] KEELRC 606 (KLR)

✦ Dismiss the claim with no order to costs

JOHN SIMIYU & another v JOANES OKOTCH & 4 others [2013] KEELRC 571 (KLR)

✦ Application dismissed, costs awarded to respondents

ELIZABETH WASHEKE and 62 Others v AIRTEL NETWORKS (K) LTD & another [2013] KEELRC 572 (KLR)

✦ The termination of the employees was deemed unfair

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS (KUDHEIHA WORKERS) V HILL SECONDARY SCHOOL [2013] KEELRC 266 (KLR)

✦ The court finds that the dismissals were procedurally fair but unjustified due to gross misconduct. Each grievant is entitled to two months gross salaries as nominal compensation.

RIFT VALLEY RAILWAYS WORKERS UNION V RIFT VALLEY RAILWAYS (K) LIMITED & ANOTHER [2013] KEELRC 298 (KLR)

✦ The dispute should have been referred to conciliation and the proceedings are stayed.

RAPHAEL MUSYOKA NGUMBI V PAEM AGENCIES COMPANY LTD & ANOTHER [2013] KEELRC 282 (KLR)

✦ Objector's objection is dismissed with costs, and interim orders are lifted.

SAMUEL CHEPKWONY V KENYA WILDLIFE SERVICES (Cause 30 of 2012) [2013] KEELRC 276 (KLR) (22 May 2013)

✦ Application dismissed with no order as to costs

Maitha v Commissioner of Police & another (Civil Miscellaneous Application 15 of 2013) [2013] KEELRC 570 (KLR) (21 May 2013) (Ruling)

OSBORNE ASHIONO MUTUMIRA V ETHIOPIAN AIRLINES (S.C.) LIMITED [2013] KEELRC 289 (KLR)

✦ The court finds that the Claimant received US$4,241 in respect of Airway Bill Number 071-13554752 on behalf of the Respondent in the course of his employment as a Transportation Manager. The court orders the Claimant to pay the Respondent Kshs.271,809 with interest from the date of filing the suit.

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS (KUDHEIHA WORKERS) V B.O.G GILGIL DAY SECONDARY SCHOL [2013] KEELRC 334 (KLR)

✦ The judgment is set aside, and the respondent is ordered to file a response and pay costs.

DAVID MBUGUA MBURU v REGISTERED TRUSTEES OF THE PRESBYTERIAN CHURCH OF EAST AFRICA [2013] KEELRC 290 (KLR)

✦ The court finds that the termination was wrongful and unfair and orders the respondent to pay compensation for unfair termination, notice pay, and unpaid dues and allowances.

JIM NHLAPO MASEGE V SECRETARY GENERAL, AVIATION & ALLIED WORKERS UNION & ANOTHER [2013] KEELRC 299 (KLR)

✦ Claimant was lawfully elected as Branch Secretary and should be registered as such by the Registrar of Trade Unions within 7 days of this judgment.

REPUBLIC V THE MINISTER FOR LANDS & ANOTHER EXPARTE BONIFACE NJERU NGARI & ANOTHER [2013] KEELRC 278 (KLR)

✦ The court quashed the decision of the Minister for Lands and prohibited its implementation.

KENNETH GITONGA MARANGU V BOOKFIRST SPORTS PUB AND RESTAURANT SHERLOCKS DEN [2013] KEELRC 254 (KLR)

✦ Claimant's claim is dismissed in its entirety.

SAMUEL ORURU OKEMWA V KENINDIA ASSURANCE CO. LIMITED [2013] KEELRC 273 (KLR)

✦ The Court finds that the material on record is insufficient to make a conclusive view on the nature of the relationship between the Claimant and the Respondent, and orders that the preliminary challenge be joined to the merits of the case.

JAMES KINYUA & 17 OTHERS V HASMUKH K. RAWAL & ANOTHER [2013] KEELRC 306 (KLR)

✦ Application for stay of execution dismissed with costs