Kenyan case law

JAMES KINYUA & 17 OTHERS V HASMUKH K. RAWAL & ANOTHER [2013] KEELRC 306 (KLR)

✦ Application for stay of execution dismissed with costs

KENNETH GITONGA MARANGU V BOOKFIRST SPORTS PUB AND RESTAURANT SHERLOCKS DEN [2013] KEELRC 254 (KLR)

✦ Claimant's claim is dismissed in its entirety.

Catherine Kinyany v Mcl Saatchi & Saatchi [2013] KEELRC 583 (KLR)

✦ The Court found the termination to be unfair and ordered the Respondent to pay the Claimant Kshs.3,874,087 as award on account of unfair termination.

Samuel Cheruiyot v Kericho Municipal Council & another [2013] KEELRC 859 (KLR)

✦ The court found Cheruiyot was a public servant and that the mandatory retirement age was raised to 60 years. The court declared the termination unlawful and ordered the 2nd respondent to pay terminal benefits and other relief.

Martha Ilabonga Kasaya v Dolly Kilani & 2 others [2013] KEELRC 184 (KLR)

✦ The Court dismissed the claimant's claim as the claimant had no employment relationship with the 2nd and 3rd respondents and the claim was incompetent.

MICHAEL MWALO V BOARD OF TRUSTEES NATIONAL SOCIAL SECURITY FUND [2013] KEELRC 300 (KLR)

✦ Grant a stay of execution pending appeal

Mathew Nyanjong v East African Portland Cement Co. Ltd [2013] KEELRC 188 (KLR)

✦ The court awards the claimant compensation for wrongful and unfair termination of employment in the amount of Kshs.2,132,419.85, equivalent to eleven (11) months' gross salary.

Robinson Mutembei v Akiba School [2013] KEELRC 611 (KLR)

✦ The dismissal of the Claimant was unfair both substantively and procedurally.

Robert Keter v Kenya Commercial Bank Limited [2013] KEELRC 739 (KLR)

✦ The termination of the claimant’s employment was fair and lawful, and the claimant is not entitled to the relief sought.

BERNARD NGUGI V G4S SECURITY SERVICES KENYA LIMITED [2013] KEELRC 372 (KLR)

✦ The court held that the termination was fair and that the claimant is not entitled to the prayers made in the memorandum of claim.

PLANTATION PLANT KENYA LIMITED V KENYA PLANTATION AND AGRICULTURAL WORKERS UNION [2013] KEELRC 371 (KLR)

✦ The court finds that the strike was not initiated by the respondent and that the claimant's termination of the Chief Shop Steward was unfair.

REPUBLIC V LAIKIPIA UNIVERSITY COLLEGE EX-PARTE JOHN KINYUA MBAKA [2013] KEELRC 369 (KLR)

✦ The court finds that the respondent did not breach the rules of natural justice and that the applicant is entitled to the remedies as prayed for.

JAMES M. KIBUNJA V MATHIRA FARMERS SACCO SOCIETY LTD [2013] KEELRC 366 (KLR)

✦ The court finds the termination unfair and unlawful, and orders the respondent to pay the claimant three months' salary in lieu of notice, terminal benefits, and four months' salary as compensation for unfair termination.

Gitahi v Digital Advisory Learning Centre (Cause 966 of 2010) [2013] KEELRC 268 (KLR) (10 May 2013) (Judgment)

MWANIKI KIBUI v JANE MUTHONI WAWERU & 5 Others [2013] KEELRC 325 (KLR)

✦ The preliminary objection is dismissed with costs.

JOHN OYUCHO & 2 OTHERS V REGISTRAR OF TRADE UNIONS [2013] KEELRC 296 (KLR)

✦ The preliminary objections lack merit and the parties are directed to take dates for the hearing of the other pending issues.

KENYA UNION OF DOMESTIC HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS & ALLIED WORKERS (KUDHEIHA) v NAIROBI CLUB [2013] KEELRC 267 (KLR)

✦ The Court granted a stay of execution pending hearing and determination of the application.

MUCHANGI NJIRU & 2 others v REPUBLIC [2013] KEELRC 274 (KLR)

✦ The conviction and sentence are quashed, and the appellants are set free.

KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS V CORN PRODUCTS KENYA LIMITED,OKWANY CHARLES AND 17 OTHERS [2013] KEELRC 350 (KLR)

✦ The application is refused, and the 18 former employees are ordered to file their own separate claims.

NJERU KANYAMBA V KENYA UNION OF POST PRIMARY EDUCATION TEACHERS [2013] KEELRC 377 (KLR)

✦ The court sets aside the order of 6th December, 2012 directing the Garnishee to release the balance of the decretal sum including interest and directs the Garnishee to pay the balance of the decretal sum with interest including 14% accrued till the date of such payment.

LUCY NYANDIA MWANGI V MATHENGE AND MUCHEMI ADVOCATES [2013] KEELRC 355 (KLR)

✦ Termination was unfair, severance pay is not payable, but damages for unfair termination are ordered.

JAMES NYAGA SAMWEL v BOARD OF GOVERNORS, KAMUTHATHA PRIMARY SCHOOL [2013] KEELRC 332 (KLR)

✦ The Court finds the termination unfair and unlawful, and grants the Claimant compensation, house rent allowance, and notice pay.

JASWINDER KAUR GHATAAURA V NAREDRASING R. MAHIDA & ANOTHER [2013] KEELRC 288 (KLR)

✦ The Court found the termination to be illegal and unlawful

ELKANA KHAMISI SAMARERE & another v NIGERIAN HIGH COMMISSION [2013] KEELRC 331 (KLR)

✦ The claim is dismissed with no order on the costs.

JOYCE NDULU V BARAKA HOTEL [2013] KEELRC 380 (KLR)

✦ Claimant is entitled to one month's salary in lieu of notice, Kshs. 850 in salary arrears for January 2012, and 8 months' salary as compensation for unfair dismissal.