Kenyan case law

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.

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.

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.

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

Raphael Akango Sikalo v Lucy Wanjiru t/a Red Rose Restaurant [2018] KEELRC 129 (KLR)

✦ The application is allowed, the orders issued on 18th November, 2016 are set aside, and the court shall hear the respondent's application in the presence of the claimant upon payment of costs.

Liza Kiprono Jebor v National Water Conservation and Pipeline Corporation [2018] KEELRC 615 (KLR)

✦ The dismissal of the Claimant from employment was unfair and she is entitled to pay in lieu of notice, compensation, and wages during suspension.

Emmanuel Ngimero & 2 others v Governor, Samburu County Government & another [2018] KEELRC 86 (KLR)

✦ The court has jurisdiction to hear the petition

Kudheiha Workers v B.O.M Kibirigwi Health Center [2018] KEELRC 541 (KLR)

✦ Application is dismissed with costs to the Claimant and execution may proceed on the Judgment and Decree of the Court issued in July 2018

Joseph Muriithi Njeru v County Government of Kirinyaga [2018] KEELRC 595 (KLR)

✦ The motion for stay is dismissed

Alex Kimanzi Musyoki v Alidi Kenya Limited [2018] KEELRC 601 (KLR)

✦ Claimant is entitled to unpaid salary, notice pay, severance pay, and damages for unlawful dismissal.

Maina Irungu v AAA Growers Limited [2018] KEELRC 605 (KLR)

✦ The court finds in favor of the Claimant, ordering one month salary in lieu of notice, six months salary as compensation, interest on the sums above, and costs of the suit.

Ann Nyawira Wanyiri v Eliud Mutahi t/a Emutech Accessories [2018] KEELRC 555 (KLR)

✦ Judgment for the Claimant for service pay of Kshs. 16,000/-, costs capped at Kshs. 20,000/-, and interest on the service pay at court rates.

Nickson Marita v Thika Coffee Mills Limited [2018] KEELRC 635 (KLR)

✦ The respondent had by his conduct terminated the claimant’s employment contract and the claimant was right in considering that he had been constructively terminated. The constructive termination of the claimant contract of service by the respondent was unfair.

Naomi Nzilani Mwololo v Prudential Group Limited & 2 others [2018] KEELRC 673 (KLR)

✦ The Petition is dismissed with costs as the Petitioner abused the constitutional jurisdiction by invoking the constitutional jurisdiction when the dispute could be adjudicated on under statutory law.

Patrick Ambura Angweye v Kel Chemicals Limited [2018] KEELRC 679 (KLR)

✦ The Court allows the application for review and sets aside the judgment, decree, and consequential processes. The applicant is ordered to pay the claimant's costs of the suit and application.

Kenya Union of Commercial Food and Allied Workers Union v Kapa Oil Refineries Limited [2018] KEELRC 674 (KLR)

✦ The court finds sufficient reason to review the decree and stay its execution.

Agnes W. Kinuthia & 607 others v University of Nairobi & 2 others [2018] KEELRC 639 (KLR)

✦ The court dismissed the claims and ordered the parties to bear their own costs.

Anderson Makaya v Premier Industries Limited [2018] KEELRC 676 (KLR)

✦ The application of 2 July 2018 is dismissed with costs to the Respondent.

Reynolds Construction Company Limited v Robert Matano Kamwara [2018] KEELRC 572 (KLR)

✦ The learned Magistrate erred in law and in fact in several respects, including failing to consider the constitutional requirement of Article 159 of the Constitution and the mandatory insurance for all employers.

Joseph Musembi v Sen-Tech Limited [2018] KEELRC 675 (KLR)

✦ The court finds no merit in the claim and dismisses it.

Peter Omwancha & 20 others v Xfor Security Solutions (K) Ltd [2018] KEELRC 684 (KLR)

✦ The suit is dismissed for want of prosecution due to unreasonable delay of over two years after close of pleadings.

Wanjiku v Vanela House of Coffees (Cause 454(N) of 2009) [2018] KEELRC 663 (KLR) (9 November 2018) (Judgment)

✦ The claimant's case fails in its entirety, and the prayers are dismissed.

Kenya Nut Company Limited v Justine Musyoka Nkabi [2018] KEELRC 642 (KLR)

✦ The appeal is dismissed for want of prosecution.

Aviation & Allied Workers Union (K) v Kenya Airways Limited [2018] KEELRC 672 (KLR)

✦ The court reinstated the claim for full hearing and final determination.

Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Embakasi Girls Secondary School [2018] KEELRC 671 (KLR)

✦ The court dismissed the application to extend time to file suit, finding that the wording of section 4(1) of the Limitation of Actions Act is clear and unambiguous, and no court may entertain an action brought in contract six years after the cause of action arose.