Kenyan case law

Salama Beach Hotel Limited & 2 others v Director of Public Prosecutions & 2 others ; Hans Jurgen Langer Party & another (Interested Parties) [2020] KEELRC 517 (KLR)

✦ The court dismissed the recusal application and transferred the case to the High Court in Mombasa.

Mbwana Said Mbavu v Kwale Water and Sewerage Company Limited [2020] KEELRC 518 (KLR)

✦ Termination was declared unfair. The Claimant is entitled to compensation, notice pay, and service pay.

Maurice Odhiambo Owino v Habo Agencies Limited & another [2020] KEELRC 519 (KLR)

✦ The Court declines the claim and orders no order on costs.

Richard Abiero v Nyali Golf and Country Club Limited [2020] KEELRC 522 (KLR)

✦ The court orders the Respondent to pay the Claimant acting allowance and annual leave at a total sum of Kshs. 604,365, with Kshs. 150,000 owed to the Respondent to be deducted.

Kenya Airline Pilots Association v Kenya Airways Public Limited; Central Organization of Trade Unions (Interested Party) [2020] KEELRC 527 (KLR)

✦ The court granted the interlocutory injunction.

Rachael Wambere Mwangi v Teachers Service Commission [2020] KEELRC 525 (KLR)

✦ The termination of the claimant's employment was found to be unfair.

Kenya Aviation Workers Union v Kenya Airways PLC; Central Organization of Trade Disputes (K) & another (Interested Party) [2020] KEELRC 526 (KLR)

✦ The Court found that the Respondent's notices were not in violation of the Employment Act, Fair Administrative Action Act, Constitution, and CBA.

MTM v KIE Limited & another [2020] KEELRC 535 (KLR)

✦ The court finds the disciplinary process flawed and intervenes to set aside the interdict, declare the process null and void, and direct a fresh legal disciplinary process.

Apex Steel Limited v Paul Otieno Hagoi [2020] KEELRC 1909 (KLR)

✦ The appeal is dismissed in its entirety with costs to the Respondent

Paschal Akong’o Sihudu & 34 others v Attorney General [2020] KEELRC 531 (KLR)

✦ The Court finds that the Claimants were public officers appointed by the Public Service Commission and were indeed unlawfully retrenched/retired early.

Beatrice Nakhumicha Khaoya v Attorney General [2020] KEELRC 529 (KLR)

✦ The dismissal was fair and for a valid reason, and the Claimant is not entitled to reinstatement, damages, or costs.

Kamwele v Public Service Commission (Petition 103 of 2019) [2020] KEELRC 530 (KLR) (12 August 2020) (Judgment)

✦ The Petitioner's employment was unlawfully and unfairly terminated.

Kenya Magistrates and Judges Association v Judicial Service Commission & 2 others [2020] KEELRC 533 (KLR)

✦ The Court found that the delegated powers of the 3rd Respondent to interdict, suspend, and reprimand are not inconsistent with Article 172 of the Constitution of Kenya, 2010.

Kenya Private Universities Workers Union v Africa Nazarene University [2020] KEELRC 556 (KLR)

✦ Court grants temporary injunctions and orders Respondent to pay full house allowance at pre-COVID19 rates and engage in negotiations with the Union.

Bernard Odero Okello & Kenya Investors Association v Cabinet Secretary for Industrialization Trade and Enterprise Development & Attorney General; Cyprian Mugambi Ngutari, Patricia May Chepkirui, Kyalo Mbobu, Andrew Muma, Chege Charles Gakuhi & Law Society of Kenya (Interested Parties) [ (Petition 100 & 99 of 2020) [2020] KEELRC 547 (KLR) (Employment and Labour) (7 August 2020) (Ruling)

✦ The Court has jurisdiction to determine the petitions and finds that the appointments were in contravention of the Constitution.

Kenya Association of Health Administrators v Salaries and Remuneration Commission & 3 others; Kenya Health Professionals Society & another( Interested Parties) [2020] KEELRC 557 (KLR)

✦ The Petition is dismissed with no order as to costs

Kenya Engineering Workers Union v Hebatullah Brothers Limited [2020] KEELRC 548 (KLR)

✦ The court ordered the parties to proceed to hearing of the claim as originally filed, and directed that the matter be given a mention date after the expiry of the time frame issued to confirm compliance.

Catholic University of Eastern Africa v Kenya Private Universities Workers Union [2020] KEELRC 534 (KLR)

Emmanuel Mambo Oduory v One Acre Fund [2020] KEELRC 541 (KLR)

✦ The Court held that the dismissal was unfair and unprocedural, and the Claimant was entitled to the reliefs sought.

Kenya National Union of Teachers (KNUT) v Teachers Service Commission & another [2020] KEELRC 538 (KLR)

✦ The Application is dismissed. Costs of the Application will abide the outcome of the Petition.

Lillians Nabwile Wafukho v Gs1 Kenya Limited [2020] KEELRC 544 (KLR)

✦ The termination was unfair and procedurally flawed, as there was no valid reason for dismissal and the Claimant was not given a fair hearing.

Colour Packaging Limited v Julius Nyerere Musili [2020] KEELRC 1908 (KLR)

✦ The Appellant's appeal is dismissed. The Learned Magistrate's finding that the Appellant was wholly liable for the Respondent's injury is upheld.

Kenya Private Universities Workers Union v African Nazarene University [2020] KEELRC 551 (KLR)

✦ The Court granted the temporary injunctions and ordered the refund of deductions.

Amalgamated Union of Kenya Metal Workers v Associated Motors Limited [2020] KEELRC 559 (KLR)

✦ The Court declines to review the judgment and dismisses the motion with no order on costs.

Ondicho Meshackrakamba v Kuldip Singh & 4 others [2020] KEELRC 550 (KLR)

✦ The court denied the application for extension of time for filing appeal and stay of execution.