Kenyan case law
-
G4S Kenya Limited v Khawanga (Employment and Labour Relations Appeal E046 of 2022) [2024] KEELRC 13202 (KLR) (21 November 2024) (Judgment)
✦ The Appellant's summary dismissal of the Respondent was not lawful and fair.
-
Gearbox Panafrican Network v Atsiaya (Miscellaneous Application E262 of 2024) [2024] KEELRC 13183 (KLR) (21 November 2024) (Ruling)
✦ The Applicant's Notice of Motion to stay arbitral proceedings is dismissed with no order for costs.
-
Kisegei v Spike Bank Limited (Employment and Labour Relations Cause 1786 of 2016) [2024] KEELRC 13192 (KLR) (21 November 2024) (Ruling)
✦ The court reinstates the claimant's suit and orders it to be heard on its merits.
-
Ketter & 5 others v Nandi County Public Service Board & 3 others (Petition E012 of 2024) [2024] KEELRC 13252 (KLR) (21 November 2024) (Ruling)
✦ The court grants the petitioners' application for an injunction, confirming the status quo, and suspending the revocation of employment letters.
-
Ochola v Standard Chartered Bank Kenya Limited (Cause E343 of 2021) [2024] KEELRC 13176 (KLR) (21 November 2024) (Judgment)
✦ The termination of the Claimant's employment was lawful and fair, and the claims for compensation and damages are without basis.
-
Achola v Kigen & 2 others (Residents Association ( Being Sued on Their Own Behalf and on Behalf of Pioneer Phase II Estate)) (Miscellaneous Application E133 of 2024) [2024] KEELRC 13190 (KLR) (21 November 2024) (Ruling)
✦ The application is allowed, and the applicant is granted leave to file an appeal out of time with the condition of filing a memorandum of appeal and paying costs.
-
Ombese v Skanem Interlabels Nairobi Limited (Cause E715 of 2020) [2024] KEELRC 13178 (KLR) (21 November 2024) (Judgment)
✦ The termination was not lawful and fair.
-
Kenya Engineering Workers Union v Metal Master Engineering Limited (Cause E705 of 2021) [2024] KEELRC 13215 (KLR) (21 November 2024) (Judgment)
✦ The court held that the grievant's employment did not end on 29th June 2019 by euxion of time and that the termination was not on grounds of redundancy.
-
Kaleve v East African Portland Cement Company Limited (Cause 248, 247 & 249 of 2019 (Consolidated)) [2024] KEELRC 13181 (KLR) (21 November 2024) (Ruling)
✦ The Claimant's application is allowed, and the Respondent's application is dismissed. The decretal sum of Kshs. 13,250,975 is released to the Claimant.
-
Kathyindi v Kenya Film Commission (Cause E528 of 2021) [2024] KEELRC 13605 (KLR) (21 November 2024) (Ruling)
✦ The compensation awarded was less than statutory deductions as per section 49(2) of the Employment Act.
-
Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & another (Employment and Labour Relations Cause 37 of 2013) [2024] KEELRC 13205 (KLR) (21 November 2024) (Ruling)
✦ The court finds the suit not moot and directs the Respondents to pay the Claimant Kshs. 600,000 within 60 days.
-
Marete v Ondieki t/a Moseti & Company Advocates (Cause 873 of 2019) [2024] KEELRC 13299 (KLR) (21 November 2024) (Ruling)
✦ The Court found that the Respondent had unfairly terminated the employment contract of the Claimant and awarded compensation and pay in lieu of notice.
-
Abdikeir & 2 others v Muslim World League & another (Cause E642 of 2020) [2024] KEELRC 13217 (KLR) (21 November 2024) (Judgment)
✦ The court finds an employment relationship existed between the parties and has jurisdiction to hear the case.
-
Letting v County Director of Education & another (Petition E014 of 2021) [2024] KEELRC 13207 (KLR) (21 November 2024) (Judgment)
✦ The Petition is found to be without merit and is accordingly dismissed. There shall be no orders for costs.
-
Mwangi (The legal representative of the Estate of William Ikaba Kago - Deceased) v Uplands Premium Dairies and Foods Ltd (Miscellaneous Cause E174 of 2024) [2024] KEELRC 13285 (KLR) (21 November 2024) (Ruling)
✦ The Court finds the Notice of Preliminary Objection without merit and enters judgment for the applicant in the sum of Kshs 3,840,000/- together with interest from 1 June 2023.
-
Maina v Red Court Hotel Limited/Boma Hotel Limited (Appeal E255 of 2023) [2024] KEELRC 13297 (KLR) (21 November 2024) (Judgment)
✦ The court finds that the Appellant was not entitled to the accrued salary and notice in lieu of leave as he was terminated on unpaid leave. However, the court agrees that the Appellant was adequately compensated for the unfair termination.
-
Waithira v Cooperative Bank of Kenya Ltd (Cause 205 of 2019) [2024] KEELRC 13180 (KLR) (21 November 2024) (Judgment)
✦ The Court found the termination of employment to be unfair and unlawful.
-
Wachira v Seven Seas Technologies Group Limited & another (Cause E576 of 2021) [2024] KEELRC 13175 (KLR) (21 November 2024) (Ruling)
✦ The Objector has failed to prove any legal or equitable interest in the proclaimed assets, and the objection is therefore without basis.
-
Mutunga v Post Bank Regulated NON-WDT Sacco Society Ltd (Cause E796 of 2022) [2024] KEELRC 13179 (KLR) (21 November 2024) (Judgment)
✦ The Court found the termination of Claimant's employment to be procedurally unfair and ordered the reinstatement of Claimant with back pay and other benefits.
-
Mutoro v Ken-Knit (K) Limited (Employment and Labour Relations Appeal E004 of 2021) [2024] KEELRC 13212 (KLR) (21 November 2024) (Judgment)
✦ The Appellant's employment was unlawfully terminated, and the trial court erred in dismissing his claim.
-
Noor & 6 others v Kenya Airports Authority; Kenya Aviation Workers Union (Interested Party) (Employment and Labour Relations Petition E002 of 2023) [2024] KEELRC 13261 (KLR) (21 November 2024) (Judgment)
✦ A declaration that the Respondent's administrative actions were illegal due to lack of public participation and an order of certiorari quashing the approval of the Respondent's Proposed Human Resource Manual and Proposed Organization Structure.
-
Juma v Anglican Church of Kenya, all Saints Cathedral Diocese (Cause 368 of 2016) [2024] KEELRC 13245 (KLR) (21 November 2024) (Judgment)
✦ The court has jurisdiction to hear the case regarding alleged violations of the contract of employment, arbitrary reduction of salary, and unfair labour practices.
-
Okinyi v Diamond Trust Bank (Employment and Labour Relations Cause 444 of 2019) [2024] KEELRC 13288 (KLR) (21 November 2024) (Ruling)
✦ The court grants the respondent leave to amend its pleadings to introduce a counterclaim on the outstanding loan, despite the time-barred nature of the new cause of action.
-
African Salihia Cargo & Clearing Company Limited v Omwanda (Appeal E128 of 2022) [2024] KEELRC 13236 (KLR) (21 November 2024) (Judgment)
✦ The court found that the trial court erred in finding that the Respondent was fairly terminated and in awarding some and not all the reliefs sought by the Respondent.
-
Mallah v Migori County Public Service Board & another (Petition E030 of 2024) [2024] KEELRC 13174 (KLR) (21 November 2024) (Ruling)
✦ The Petitioner's Notice of Motion is res judicata as it raises similar issues to those in ELRC Petition No. E032 of 2024, which was heard and determined by Hon. Lady Justice Christine Baari.