Kenyan case law
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Kudheiha Workers Union v The Administrator, Mary Help of the Sick Mission Hospital [2017] KEELRC 705 (KLR)
✦ The court orders the respondent to implement the CBA signed on 14.10.2013 and subsequent CBAs, pay accrued arrears, adjust salaries and allowances, and meet to compute all arrears for payment.
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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.
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Kenya Petroleum Oil Workers’ Union v Inspectorate East Africa Limited [2017] KEELRC 7 (KLR)
✦ The termination was based on valid redundancy but flawed in procedure. The Respondent is ordered to pay the Grievants compensation for unfair termination, house allowance, and annual leave pay.
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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.
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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.
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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.
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Phyllis Njeri Kamau & 2 others v Mumias Sugar Company Limited [2017] KEELRC 82 (KLR)
✦ The court finds the redundancy declaration illegal and unfair, and orders the reinstatement of the Claimants.
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Ntusiet Aderson Kishaine & 2 others v Nelson Sairowa Kima & 3 others [2017] KEELRC 59 (KLR)
✦ The petition is dismissed as the Petitioners have not proved that any of their constitutional rights were infringed by the Respondent as none of them qualified for the position alleged to have been filled by an unqualified person.
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Justine Anyaga Morondi v Ready Consultancy Ltd [2017] KEELRC 649 (KLR)
✦ The dismissal of the claimant was unfair as alleged by the claimant.
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Benedict Kivunza Mumo v National Bank of Kenya [2017] KEELRC 703 (KLR)
✦ The Court found that the termination was lawful and fair, and the Claimant was not entitled to the remedies sought.
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Abdalla A Miraji v Coast Water Services Boarf & another Ex parte Republic & another [2017] KEELRC 667 (KLR)
✦ The court has jurisdiction to entertain the petition and the suit as the dispute relates to employment and labour relations.
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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.
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John Jabuya v Primarosa Flowers Ltd [2017] KEELRC 533 (KLR)
✦ The termination was found unfair and not carried out through a fair procedure.
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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.
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Rose Wambui Gichuru v Housing Finance Company Ltd [2017] KEELRC 497 (KLR)
✦ The motion is dismissed with costs.
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Mtende Mkala v Couty Government of Taita-Taveta & another [2017] KEELRC 672 (KLR)
✦ The application for review is dismissed as it has not met the threshold for grant of review.
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Peter Karoki v Alba Petroleum Ltd [2017] KEELRC 662 (KLR)
✦ Stay of execution pending appeal is granted
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Bisansio Opolo Ekodoi & another (suing as administrator and legal representative of the Estate of the Late Vitalis Ebukoro Etykoro) v Wells Fargo Limited & another [2017] KEELRC 680 (KLR)
✦ The application is dismissed with costs to be borne by the interested party.
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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.
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David Wafula Munyasia v Forum SYD [2017] KEELRC 684 (KLR)
✦ The termination of the Claimant’s employment was on account of redundancy and was lawful and fair.
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Rufus Kaimenyi Joseph v Kenya Ports Authority Sports Club Mbaraki [2017] KEELRC 671 (KLR)
✦ The Motion is dismissed with costs
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Benjamin Otieno Nyaboro v Kenya Railways Corporation Ltd [2017] KEELRC 5 (KLR)
✦ The claim is statute-barred due to the limitation period under Section 4(1) of the Limitation of Actions Act Cap 22, Laws of Kenya.
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Kenya Union of Domestic Hotels Educational Institutions Hospitals and Allied Workers v Office of the Vice Chancellor, Kibabii University [2017] KEELRC 1976 (KLR)
✦ The contracts had lapsed by June 30, 2017, and the notice was valid under the Employment Act.
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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
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Kenya National Private Security Workers Union v S & I Security Assured Limited [2017] KEELRC 1972 (KLR)
✦ The Court dismissed the cause with no order as to costs due to non-attendance and non-compliance with court orders.