Kenyan case law
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Kenya Building Construction, Timber Furniture And Allied Industries Employees Union v M/S Mehta Electricals Limited [2014] KEELRC 335 (KLR)
✦ The application for stay of execution pending Appeal is refused. The Respondent is ordered to pay costs.
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Benedict Odhiambo v Eldoret Water & Sanitation Company Limited [2014] KEELRC 1126 (KLR)
✦ The application is denied, and the respondent is ordered to pay the agreed sum of Kshs.66,758.40 to the applicant
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Kenya Hotels & Allied Workers Union v Southern Palm Beach Resort [2014] KEELRC 1134 (KLR)
✦ The Court dismissed the Preliminary Objection and allowed the claim.
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Kenya Airways Limited v Donald Osewe Oluoch [2014] KEELRC 370 (KLR)
✦ The suit is not statute barred and the objection is dismissed.
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Maurice Milimu Amahwa v Kenya Ports Authority [2014] KEELRC 1131 (KLR)
✦ The Court granted injunctive relief pending an investigation, finding that the applicant had made a prima facie case with a probability of success and that the circumstances were exceptional.
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Alphonse Mwangemi Munga & 10 others (Suing on their own behalf and on behalf of 367 employees of African Safari Club Limited v African Safari Club Limited [2014] KEELRC 374 (KLR)
✦ The applicant lacks locus standi and the application is dismissed with costs.
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Catherine Wanjiru Watoro v Teachers Service Commission & 2 others [2014] KEELRC 1130 (KLR)
✦ Petitioner’s transfer and interdiction violated her constitutional rights and the court orders her reinstatement and investigation of procurement irregularities
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Robert Nyongesa v Sacco Societies Regulatory Authority & another [2014] KEELRC 1138 (KLR)
✦ The Preliminary Objection is dismissed.
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Joseph Kimunya v Salt Manufacturers (K) Ltd [2014] KEELRC 1137 (KLR)
✦ The claimant is entitled to a declaration that the termination was unfair and unlawful, and the respondent must pay the claimant Kshs.120,000.00 for unfair termination.
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Maurice M. Luteya v Hunters Ship Chandlers & General Contractors Ltd [2014] KEELRC 1129 (KLR)
✦ Claimant was not an employee of Respondent
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Pius Kipruto Keter v Fanikiwa Limited [2014] KEELRC 1128 (KLR)
✦ The court finds the claimant's account of the termination more credible than the respondent's. The claimant is entitled to Kshs.8,000.00 as pay in lieu of notice, and Kshs.200,000.00 in service pay.
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Rift Valley Railways Workers’ Union (K) v Railways And Allied Workers’ Union [2014] KEELRC 377 (KLR)
✦ Application dismissed due to lack of prima facie case and multiplicity of suits.
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John Mbuthi v Rusinga Investment [2014] KEELRC 375 (KLR)
✦ The Court held that the termination was procedurally unfair and ordered the Respondent to pay the terminal benefits and compensation.
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David Nzue v Teachers Service Commission [2014] KEELRC 371 (KLR)
✦ The Court finds that the Claimant's redeployment from Kyaani Secondary School to Ikutha Boys Secondary School and then to Migwani Secondary School was a demotion effected on disciplinary grounds without affording the Claimant a hearing.
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Jophinus Musindi & 7 others National Executive Council Committee Members, acting for Kenya National Union of Nurses v Seth Panyako [2014] KEELRC 1153 (KLR)
✦ The claim is dismissed
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John Mwemanyamai v Ranjeet Sagoo & Specialized Air Cnditioning Ltd [2014] KEELRC 1252 (KLR)
✦ The Claimant was employed as a security guard, not a manager. The Claimant absconded duty and was not unfairly dismissed.
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Aviation & Airport Services Workers Union (K) v Kenya Airport Authority & another [2014] KEELRC 1167 (KLR)
✦ The application and suit are dismissed with costs to the respondent and Interested Party.
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Kudheiha Workers v Muthaiga Country Club [2014] KEELRC 1123 (KLR)
✦ The Court found that the Respondent did not provide a valid reason for dismissing the 1st-17th Grievants and awarded compensation for unfair termination of employment for the 1st-17th Grievants. The 19th Grievant's dismissal was found to be valid.
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Andrew Ngigi Njoroge v Kenya Commercial Bank [2014] KEELRC 380 (KLR)
✦ The Court finds that the Claimant's non-disclosure was deliberate and fraudulent, and the termination was justified. The Court awards the Claimant two months salary for procedural unfairness and 18 days leave pay.
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Michael Njai v Amadeus East Africa (Cause 1927 of 2013) [2014] KEELRC 353 (KLR) (Civ) (9 July 2014) (Directions)
✦ The court ordered the contempt proceedings to be heard in priority and awarded seven days for the respondent to file a reply.
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Eric Kimani & 2 others v Moi University [2014] KEELRC 360 (KLR)
✦ The court found that the orders of court contain an error and are not sustainable.
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Banking, Insurance & Finance Union (Kenya) v Barclays Bank of Kenya Ltd [2014] KEELRC 1145 (KLR)
✦ The dismissal was unfair and the counter-claim for repayment of debt will be granted.
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Nancy Wanza Mutuku v Noble Blue Limited [2014] KEELRC 378 (KLR)
✦ The Court finds the termination was unlawful and unfair, and awards the Claimant ten months salary as compensation.
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Joseph Omollo v Palmers Hotel [2014] KEELRC 1204 (KLR)
✦ The court finds that the respondent terminated claimant's services verbally, and the claimant was not sacked but absconded duty. The claimant is awarded severance pay, 92 off days, and damages for unlawful termination.
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Joseph Ndung’u v Mastermind Tobacco (K) Ltd [2014] KEELRC 1125 (KLR)
✦ The Court awards the Claimant 12 months' pay in compensation for unfair termination, one month's salary in lieu of notice, and unpaid salary from 1st to 22nd February 2011.