Kenyan case law

Kenya Game Hunting & Safari Workers Union v Southern Cross Safaris Limited [2014] KEELRC 406 (KLR)

✦ The Court held that the absence of a certificate of conciliation does not render the Statement of Claim invalid, and the claimant's failure to file an affidavit or explain the non-conciliation process does not constitute a procedural defect.

Judith Makokha v County Government of Kakamega & another [2014] KEELRC 1117 (KLR)

✦ A mandatory injunction is issued restraining the respondents from continuing with the disciplinary proceedings against the claimant.

Albert Maraka Wafula v Calypso Restaurant Limited [2014] KEELRC 401 (KLR)

✦ The Court finds the Respondent terminated the Claimant's contract unfairly and orders the Respondent to pay annual leave pay and compensation.

Onesmus Omwenga Maroko v Co-operative Bank of Kenya Ltd [2014] KEELRC 1172 (KLR)

✦ The court finds in favor of the claimant, ruling that the termination was wrongful, unfair, and unlawful.

Benedict Mbeleti Kilindu v Bob Mill Industries [2014] KEELRC 1197 (KLR)

✦ The court held that the Claimant was a casual employee and dismissed his case.

Kenya Union of Commercial Food & Allied Workers v Ruchu Garage Farmers Co-op Society Limited [2014] KEELRC 1502 (KLR)

✦ The court upheld the original judgment and dismissed the application for review.

Laban Kithokoi v Africa Inland Church, Kenya Ziwani District Church Council [2014] KEELRC 355 (KLR)

✦ The court found that the termination of the claimant's employment was wrongful, unfair, and unlawful.

Kenya Union Of Commercial Food & Allied Workers v Ruchu Garage Farmers Co-Op Society Limited [2014] KEELRC 1114 (KLR)

✦ The application is dismissed as the application does not raise any new issue and there is no error apparent on the face of the record.

Linet Akasa Shikoli v Lilian Otundo [2014] KEELRC 394 (KLR)

✦ Termination was justifiable but unfair due to lack of fair procedure. Compensation of 1 month salary, service pay, and annual leave pay is awarded.

National Social Security Fund v Kenya Union of Commercial, Food & Allied Workers [2014] KEELRC 402 (KLR)

✦ The preliminary objection is dismissed with costs to the claimant/applicant

Maurine Achieng v Satish K. Shah [2014] KEELRC 1097 (KLR)

✦ The application is granted on the condition that the applicants deposit the entire decretal sum in a joint interest earning account within 30 days.

Justus Aloo Ageka & 6 others (As Interim Officials of Kenya National Union of Cooperatives Staff) v Registrar of Trade Unions & 2 others [2014] KEELRC 408 (KLR)

✦ The particulars sought by the 2nd Interested Party are irrelevant to the Appellants' appeal and the application is dismissed with costs to the Appellants.

Beatrice Mathenge v Public Service Commission & 2 Others [2014] KEELRC 1111 (KLR)

✦ The claim is not time barred and the preliminary objection is dismissed.

Miruka Mitema Ronald v Swahili Beach Resort [2014] KEELRC 1101 (KLR)

✦ The termination was procedurally unfair as the Respondent did not provide reasons for the termination and did not afford the Claimant an opportunity to be heard.

Kenya Local Government Workers Union & another v Sub-County Administrator, Thika [Kiambu County] [2014] KEELRC 400 (KLR)

✦ The Court dismissed the 2nd Claimant's application for review, finding that the Industrial Court's decision was fair, lawful, and legally arrived at. The 2nd Claimant was ordered to be satisfied with the sum of Kshs. 1,696,828.

Kazungu Ngari Yaa v Mistry V. Naran Mulji & Co [2014] KEELRC 1103 (KLR)

✦ termination was procedurally and substantively unfair

Richard Muiruri Nduati v Buyline Industries Limited (Cause 344 of 2013) [2014] KEELRC 403 (KLR) (27 June 2014) (Award)

✦ The Court finds the termination was not unfair and unlawful, but a lapse of a fixed term contract. The Claimant is granted 15 days' salary for each of the 8 years completed in service.

Robert Njihia Mwangi v Bidco Oil Refineries Limited [2014] KEELRC 1102 (KLR)

✦ The court finds the termination unfair and the claimant entitled to one month salary in lieu of notice, 4 years annual leave payment, and Kshs.190,794.48 as compensation.

David Nyagudi Okoth & another v Corn Products Kenya Limited Currently Ingredion Holdings LLC [2014] KEELRC 1098 (KLR)

✦ The court finds that the termination was not unfair and the prayer for 12 months' gross salaries in compensation will fail. The claimants are entitled to the final dues calculated at the base salary on termination.

Bisansio Opolo Ekodoi & Salome Asio Emodo v Wells Fargo Limited [2014] KEELRC 395 (KLR)

✦ The Court dismisses the Respondent's motion to strike out or transfer the suit, finding that the Industrial Court has jurisdiction over the matter.

Catherine Mwihaki Ngambi v Maths Trading Company Limited [2014] KEELRC 405 (KLR)

✦ The Court ordered the Claimant's reinstatement and allowed the application for contempt proceedings against the Respondent's Directors.

Joyce Wambui Muraguri v Registered Trustees P.C.E.A Kikuyu Hospital [2014] KEELRC 210 (KLR)

✦ The Court dismissed the claim as the Respondent had jurisdiction and the termination was justified due to gross misconduct.

Onesmus Musyoki Kilonzo v Nation Media Group Limited (Cause 2355 of 2012) [2014] KEELRC 409 (KLR) (25 June 2014) (Ruling)

Kenya Petroleum Oil Workers Union v Kenya Pipeline Company Limited [2014] KEELRC 1093 (KLR)

✦ The court grants the application for leave to amend the pleadings.

Kenya Plantation & Agricultural Workers' Union v Board of Trustees, National Social Security Fund & another [2014] KEELRC 415 (KLR)

✦ The court grants interim orders to stay the implementation of sections 18, 19, 20, and 71 of the National Social Security Fund Act, 2013.