Kenyan case law

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

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.

Anthony Kibandi Watuku v Industrial & Commercial Development Corporation [2020] KEELRC 560 (KLR)

✦ A conservatory order of temporary injunction was issued restraining the respondent.

Kenya Long Distance Truck Drivers and Allied Workers Union v Masters Fabricators Limited (Cause 19 of 2020) [2020] KEELRC 540 (KLR) (Employment and Labour) (6 August 2020) (Ruling)

✦ The motion for arrest warrants and recall orders is dismissed. The Respondent is ordered to engage with the Union in all matters involving its employees.

Clerk, Nairobi City County Assembly v Speaker, Nairobi City County Assembly & another; Orange Democratic Party & 4 others (Interested Parties) [2020] KEELRC 549 (KLR)

✦ The Clerk of Nairobi City County Assembly, Muvengei Jacob Ngwele, is the only Petitioner and is the only one authorized to instruct counsel to represent the Petitioner. The issue of withdrawal of the petition is now settled.

Philip Mutinda Mumo v Governor, County of Kitui & 8 others [2020] KEELRC 553 (KLR)

✦ The Petition is dismissed with costs to the Respondents.

Christopher Wanga v Cabinet Secretary, Ministry of Agriculture, Livestock, Fisheries & Co-operatives & 2 others [2020] KEELRC 539 (KLR)

✦ The motion for a temporary injunction is dismissed with no order on costs as the applicant's deployment and/or transfer was revoked through an appeal and subsequent revocation letter.

Onindo & 5 others v Teachers Service Commission & 3 others (Petition 83 & 288 of 2018) [2020] KEELRC 596 (KLR) (30 July 2020) (Judgment)

✦ The transfer of the petitioners and claimants was an administrative action.

Siganga & Company Advocates v Great Lakes University Kisumu; Equity Bank (Kenya) Limited & another (Garnishee) (Miscellaneous Civil Application 25 of 2018 & Miscellaneous Application 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39 & 41 of 2018 (Consolidated)) [2020] KEELRC 1938 (KLR) (30 July 2020) (Ruling)

✦ The application is dismissed with costs.

Moreen Muhani v Namuben Manji Bhinji [2020] KEELRC 586 (KLR)

✦ The termination of employment was unlawful and unfair, and the respondent is ordered to pay compensation and terminal benefits.

Kenya Electrical Trades & Allied Workers Union v Kenya Electricity Transmission Company Limited [2020] KEELRC 583 (KLR)

✦ The court will not interfere with the consent order unless it was obtained by fraud, collusion, or an agreement contrary to the policy of the court.

Nicholas Rono v County Secretary County Government of Bomet & 3 others [2020] KEELRC 542 (KLR)

✦ The court finds the petition meets the threshold of a constitutional case and the appointments are unconstitutional.

Daniel Omondi Ogada & 2 others v County Assembly of Homabay & 2 others [2020] KEELRC 584 (KLR)

✦ The application is dismissed with costs.

Bernerd Ouma Babu v Whitespace Technologies Limited [2020] KEELRC 589 (KLR)

✦ Disciplinary proceedings are subject to shareholders' agreement dispute resolution clause. Claimant's 5 years' tenure is still running during suspension period. Respondent should continue paying claimant's salary during suspension period.

Magerer Langat & another v Paul Kiprono Chepkwony, the Governor Courty Government of Kericho & 2 others [2020] KEELRC 571 (KLR)

✦ The petitioners' board membership was terminated with malice and unlawfully due to the amendment of the Urban Areas and Cities Act, 2011. The petitioners were not entitled to serve for a term of 5 years as the amended Act changed the qualification requirements.

Alice Okallo v Kenya Medical Research Institute & another [2020] KEELRC 587 (KLR)

✦ Court lacks jurisdiction to hear the pension dispute but allows the claim to proceed.

Constant Odhiambo v Hakika Transport Services Limited [2020] KEELRC 591 (KLR)

✦ The Court finds and holds that the Claimant's dismissal was wrongful and unfair, and awards him six months' salary in compensation, one month's salary in lieu of notice, and leave pay for four years.

Banking Insurance and Finance Union Kenya v Barclays Bank of Kenya Limited [2020] KEELRC 590 (KLR)

✦ The Court finds that the termination was fair and lawful, and the Claimant's negligence in authorizing the vault transaction was valid reason for termination.

Kenya National Union of Private Security Workers v Dynamite Security Limited [2020] KEELRC 580 (KLR)

✦ The court awards the grievant compensation for unlawful and unfair summary dismissal and terminal benefits.

Apex Steel Limited v Dominic Mutuamuendo [2020] KEELRC 567 (KLR)

✦ The court held that the dismissal was lawful and fair, and the respondent was not entitled to compensation.

Republic v Isaack Kipyegon Koech & 4 others Ex Parte Kipkirui Koech [2020] KEELRC 573 (KLR)

✦ The ex parte applicant's application is granted, and the decision of the 5th respondent through the 3rd respondent to appoint the 1st respondent as Assistant Chief II of Chepkitwal Sub-location, Bomet County is quashed.

John Ondiek Ojwang v East African Storage Company Limited [2020] KEELRC 598 (KLR)

✦ The Claimant's application is declined and his suit stands dismissed.

Elroy Madegwa v Global Trucks Limited [2020] KEELRC 568 (KLR)

✦ The application lacks merit and is dismissed with costs.

Rift Valley Railways Workers Union (K) v Rift Valley Railways (Kenya) Limited; Kenya Railways Corporation & another (Proposed Interested Parties) [2020] KEELRC 592 (KLR)

✦ The application is dismissed. The preliminary objection that there exists no proper suit to anchor the joinder is upheld. The claimant is directed to consider filing a notice of withdrawal of the suit as appropriate. Each party bears their own costs.

Manuchar Kenya Limited v Dennis Odhiambo Olwete [2020] KEELRC 582 (KLR)

✦ The judgment delivered by Hon. Nang’ea, CM on 18th January 2016 and all consequential orders were irregular for want of jurisdiction.