Kenyan case law

Kenya Shoe and Leather Workers Union v Plastic and Rubber [2005] Limited [2014] KEELRC 385 (KLR)

✦ The Court referred the dispute to the Cabinet Secretary in charge of Labour and appointed a Conciliator to undertake conciliation within 90 days.

Boniface Muthui Muthei v Rooftech K Limited [2014] KEELRC 1219 (KLR)

✦ The Claimant's claim for service benefits is dismissed. The Respondent is directed to remit all contributions made on behalf of the Claimant to NSSF and NHIF.

Leland I Salano v Intercontinental Hotel [2014] KEELRC 389 (KLR)

✦ The Court extends time for the Respondent to file a Notice of Appeal, and allows the Claimant to proceed with the Main Claim.

John Kiplang’at Koech v Kenya Airports Authority (KAA) [2014] KEELRC 382 (KLR)

✦ The application is dismissed, with no order on the costs.

Okinda v Kenya National Union of Teachers & 12 others (Cause 119 of 2014) [2014] KEELRC 1202 (KLR) (8 July 2014) (Ruling)

Moses Kimani Njaramba v Chuna Housing Co-Operative Society [2014] KEELRC 387 (KLR)

✦ The Court finds that the Industrial Court does not have the power to vary the time limits under Section 90 of the Employment Act 2007.

Coroline Wambui Maina & 7 others v Focus Cab Services Limited [2014] KEELRC 386 (KLR)

✦ The Court finds that the existence of salary arrears is a disputed item and requires proof through evidential material. The lifting of the corporate veil is for the Claimants to determine if the Directors satisfy the definition of 'Employer' under the Employment Act 2007.

Paul Seki Nzau & 27 others v Laico Regency Hotel [2014] KEELRC 381 (KLR)

✦ The consolidated claims are dismissed in their entirety.

Charles Bob Odhiambo Owuonda v Kenindia Assurance Company Limited [2014] KEELRC 388 (KLR)

✦ The claim is time-barred under Section 90 of the Employment Act 2007.

Kenya National Private Security Workers Union v Kenya Kazi Security Services Limited [2014] KEELRC 1185 (KLR)

✦ The Claimant is entitled to 6 months' compensation and a certificate of service.

Banking Insurance and Finance Union (BIFU) v Commercial Bank of Africa Limited [2014] KEELRC 1162 (KLR)

✦ Preliminary objections are rejected

Dennis Moturi Anyoka v Kenya Revenue Authority & 2 others [2014] KEELRC 1331 (KLR)

✦ The instructions fees assessed by the Deputy Registrar are not justifiable or reasonable.

Philip Chacha Mangare v Nation Media Group Limited (Cause 926 of 2012) [2014] KEELRC 168 (KLR) (7 July 2014) (Judgment)

Aloiys Juma Ogola v Pepco Kenya Limited [2014] KEELRC 1234 (KLR)

✦ Claimant is entitled to severance pay, NSSF refund, and compensatory damages.

Joao Soares v Tuegest Guerma & another [2014] KEELRC 1253 (KLR)

✦ The Court dismissed the application and held that the Industrial Court of Kenya has jurisdiction to hear the case.

Kenya Shoe and Leather Workers Union v Bata Shoe Company (K) Limited [2014] KEELRC 376 (KLR)

✦ The Court finds that wages paid forthrightly or monthly cover the rest days and holidays and are not based on the length of the week or month.

Catherine Mbithe Maingi v Shah [2014] KEELRC 392 (KLR)

✦ The Court finds the termination was fair and justifies the Respondent's decision. The Claimant's claim for compensation for unfair termination is rejected. The Court orders the Respondent to pay Kshs. 305,589 as terminal benefits.

Oscar Murima Tsuma & another v M A Jagani Auctioneers [2014] KEELRC 1119 (KLR)

✦ Order maintenance of status quo pending determination of employment status and entitlement to underpayments.

Caroline Taliu Mutuku v Ashton Apparel (EPZ) Limited [2014] KEELRC 1120 (KLR)

✦ The Claimant's contract did not expire by effluxion of time but she was unfairly terminated through redundancy. The Court awards her one month wage in lieu of notice, 2 days outstanding leave, and 6 months wages as compensation.

Kenya Building, Construction, Timber, Furniture & Allied Industries Employees Union v Morris and Company (2004) Limited [2014] KEELRC 383 (KLR)

✦ The Respondent shall issue a fresh cheque for the amount of Kshs.4,504,067 in the name of the Claimant's advocates within 10 days of this ruling. The Respondent shall meet 75% of the Auctioneers' charges, and the Claimant shall meet 25% of the charges. The warrants shall remain in place until the Decretal Sum and Auctioneers' charges are paid.

Richard Theuri Nderitu v Standard Group Limited [2014] KEELRC 391 (KLR)

✦ The termination was justifiable but carried out without fair procedure. The Claimant is entitled to 4 months' salary in compensation and 10 days' salary for work in January 2013.

Edwin Erick Mangau v Kampala Coach Limited [2014] KEELRC 393 (KLR)

✦ The Court defers the decision and orders the parties to clarify the representation and service of the Respondent

Lens Charles Ndago & 4 others v Chemilil Out-Growers Ltd [2014] KEELRC 1127 (KLR)

✦ The court extends time within which the applicants should deposit the remainder of the decretal sum by 30 days with effect from the date of this order.

Bottomley Musamali Jumba v Defence Forces Canteen Organization [2014] KEELRC 1124 (KLR)

✦ The Court found that the Claimant's suspension was irregular due to the employer's violation of its own terms and conditions. The disciplinary proceedings were also found to be procedurally unfair.

Ebrahim Ochieng Othuon & 2 others v Chemilil Sugar Co Ltd [2014] KEELRC 1116 (KLR)

✦ Application is granted with conditions: full payment of the decretal amount within 2 weeks and half of the contested amount deposited in a joint account within 30 days.