Kenyan case law

Grace Wanjiru Muriu v Kenya Baptist Theological College [2018] KEELRC 608 (KLR)

Germaria Muindi Kilanga v Chic Fashions Limited [2018] KEELRC 612 (KLR)

✦ Claimant's suit dismissed

Jillo & another (Suing on their own Behalf and on Behalf of 114 Employees of Tana Basin Road Project) v Tana Basin Road Project & another (Miscellaneous Cause 4 of 2012) [2018] KEELRC 2603 (KLR) (16 November 2018) (Ruling)

✦ The application dated 30 March 2011 is dismissed with no order as to costs.

Irene Chesang v Human Resource Advisory Committee, Rural Electrification Authority & another [2018] KEELRC 616 (KLR)

✦ The Court finds that the CEO was entitled to issue the show cause letter and the 72-hour time limit was reasonable. The applicant's allegations of unreasonable conduct and violation of constitutional rights are dismissed.

Rufus Njuguna & 66 others v Attorney General & 2 others [2018] KEELRC 609 (KLR)

✦ The application is dismissed with no costs as it does not meet the threshold for review.

Joseph Kilonzo v Shreeji Enterprises Limited [2018] KEELRC 622 (KLR)

✦ The Court dismisses the Cause for want of prosecution and misrepresentations made to Court.

Joanes Okoth & 7 others v Registrar of Trade Unions & 4 others [2018] KEELRC 627 (KLR)

✦ The Court finds the elections on 06.04.2016 valid and the registration of new officials on 11.04.2016 lawful. The petitioners' claims regarding constitutional rights violations and procedural irregularities are dismissed.

Benjamin Paul Mbaluka v Makki Ashraf t/a Champion Meat Supply [2018] KEELRC 628 (KLR)

✦ The Court finds that the Claimant did not prove unfair termination of employment and dismisses the cause of action.

Sandy Mokeira Morara v Principal Secretary Ministry of Lands & Physical Planning & another [2018] KEELRC 634 (KLR)

✦ The Court declared the deployment letter unconstitutional and illegal, quashed it, and ordered the petitioner to be retained in her current position.

John Njoroge v National Bank of Kenya Limited [2018] KEELRC 444 (KLR)

✦ The termination was not unlawful as it complied with both the law and the terms of contract of the claimant. The claimant is not entitled to service pay or aggravated damages.

Joseph Mungai Keriko v Kirinyaga University College [2018] KEELRC 633 (KLR)

✦ The claimant was constructively dismissed and the report leading to his dismissal was unfair and malicious and should be expunged.

Eden Robinson Odhiambo v Board of Trustees Tourism Fund (Petition 100 of 2015) [2018] KEELRC 621 (KLR) (Employment and Labour) (16 November 2018) (Judgment)

✦ Petitioner's suspension was valid under section 62(1) of the Anti-Corruption and Economic Crimes Act, and the Petition is dismissed.

Boniface Okumu Oboku & 3 others v Hotel Bilmas Limited [2018] KEELRC 590 (KLR)

✦ The termination of the Claimants' employment was unfair, and they are awarded compensation, pay in lieu of notice, severance pay, and leave.

Sabina Wambura Ributhi v Defence Forces Canteen Organisation [2018] KEELRC 632 (KLR)

✦ The Court finds that the claimant is not entitled to acting allowance and the respondent's recovery is unfair and unjustified.

Eliud Barasa & another v Inter-Christian Fellowship Evangelism Mission [2018] KEELRC 557 (KLR)

✦ The termination was unfair in substance and procedure, and the claimants are awarded compensation and arrears of salary.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA Workers) v Garden Hotel, Machakos [2018] KEELRC 607 (KLR)

✦ The court orders the respondent to pay all accrued salaries since July 2014 to date, with interest at court rates until full payment. The respondent must pay the claimant's costs.

Margaret Ayuma Katungu v Attorney General [2018] KEELRC 500 (KLR)

✦ The interdiction was unlawful due to unreasonable delay and disobedience with the court order.

Nicholas Musanga Mudogo v DHL Worlwide Express (K) Ltd [2018] KEELRC 617 (KLR)

✦ Claimant is awarded Kshs.229,200 for unfair termination and Kshs.345,138 for terminal dues.

Peter Waweru Mburu v Tusker Mattresses Limited [2018] KEELRC 625 (KLR)

✦ Preliminary objection dismissed with no costs.

Peter Wambua Mwinzi v Kibuwa Enterprises Limited [2018] KEELRC 618 (KLR)

✦ The termination was not unfair and the claimant is not entitled to the remedies as prayed for.

Phanice Ayoma Seru v Chemserve Cleaning Service Ltd [2018] KEELRC 626 (KLR)

✦ The Court finds the termination was on account of redundancy and awards the claimant Kshs. 55,000.00 in severance pay and Kshs. 10,000.00 in pay in lieu of notice.

Kenya Concrete, Structural, Ceramic Tiles, Wood Ply & Interior Designs Workers Union v China Wu Yi Company Limited [2018] KEELRC 588 (KLR)

✦ The Respondent was not afforded an opportunity to be heard before the orders were confirmed, but the Court finds that the Respondent was given more than adequate opportunity to be heard. The orders are upheld.

Irene Wairimu Gachie v Jetlak Foods Limited [2018] KEELRC 629 (KLR)

✦ Termination of employment was unlawful, and Claimant is entitled to 1 month pay in lieu of notice and compensation equivalent to 4 months wages.

Frank N. Kamau v Tusker Mattresses Ltd [2018] KEELRC 620 (KLR)

Ben Nandasaba Muiyundo v Ideal Security Services Limited [2018] KEELRC 613 (KLR)

✦ The claimant was not unfairly dismissed but deserted the employment after being arrested and charged with a criminal offense.