Kenyan case law
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Alfonso Katheka Munyali & another v Council of the Kenya School of Government & another [2015] KEELRC 618 (KLR)
✦ The Claimants' notice of motion is allowed with the injunction restraining the Respondent from terminating, removing, replacing, dismissing and or deploying the Claimants from their current position as the Director of Kenya School of Government Mombasa Campus and Matuga Campus respectively.
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Rukia Diba Boru v Principal Secretary, Ministry of Interior and Co-Ordination of National Government & 3 others [2015] KEELRC 591 (KLR)
✦ Claimant's contract was validly reduced to 3 months, and he cannot claim wrongful termination.
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Kenya Union of Commercial, Food, and Allied Workers [KUCFAW] v Mombasa Water Supply & Sanitation Company & another [2015] KEELRC 678 (KLR)
✦ Dismissal of the claims against the 2nd Respondent, and dismissal of the 1st Respondent with costs.
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Kenya Hotels & Allied Workers Union v Sportsman’s Arms Hotel [2015] KEELRC 611 (KLR)
✦ The court finds that the termination was unfair due to lack of notice and preparation, and awards the grievant Kshs.43, 050 as compensation and a declaration of unfair termination.
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Okemwa & 8 others v Judicial Service Commission (Cause 16 of 2014) [2015] KEELRC 690 (KLR) (31 July 2015) (Ruling)
✦ The production notice is overruled with costs in the cause
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Suleiman v County Government of Isiolo & another (Cause 76 of 2015) [2015] KEELRC 1521 (KLR) (31 July 2015) (Ruling)
✦ The court holds that the jurisdiction of the court does not get restricted by the County Government Act, 2012 and dismisses the preliminary objection.
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Charles Kinyua & another v Meru Central Dairy Co-Operative Union Limited [2015] KEELRC 632 (KLR)
✦ The termination was unfair and the claimants are re-engaged with the respondent.
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Mutia Muindi t/a Mutibra Auctioneers v CFC Stanbic Bank Ltd Garnishee & another [2015] KEELRC 623 (KLR)
✦ The appeal is struck out for being time barred.
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Kenya Union of Commercial Food and Allied Workers v Kangiri Farmers Co-Operative Society Limited [2015] KEELRC 675 (KLR)
✦ The court awards a pay rise of 24% over a period of two years, with 12% effective from October 1, 2014, and 12% effective from October 1, 2015.
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Kenya Petroleum Oil Workers Union v Giefcon Limited & another [2015] KEELRC 676 (KLR)
✦ The claim fails, and no order on costs is made.
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Livingstone Abuta v Charles Gekonde Otara & 2 others [2015] KEELRC 604 (KLR)
✦ The Application and Preliminary Objection are dismissed. Summons are to be served, and the parties are to file their Statements of Response and seek an accelerated hearing.
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Mohammed Noor v CMC Aviation Limited [2015] KEELRC 585 (KLR)
✦ The Employment and Labour Relations Court orders the release of the deposited funds, less the amount for one month's pay in lieu of notice and accrued leave.
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John Joel Muchura & 8 others v Kenya Revenue Authority [2015] KEELRC 565 (KLR)
✦ The Court finds and holds that the dismissals of the Claimants were both procedurally and substantively fair and dismisses the Claims.
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Kenya Plantation & Agricultural Workers Union v Kisima Farm Limited [2015] KEELRC 673 (KLR)
✦ The court finds that the dispute was not resolved and that the time for referring the dispute to the court had not lapsed. The application for extension of time and the preliminary objection are dismissed.
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Lawrence Omondi v Creative Eye (K) Ltd [2015] KEELRC 583 (KLR)
✦ The claimant's services were properly terminated, and the respondent offered to pay him a sum of Kshs.189,704/=, which includes his April salary, one month's pay in lieu of notice, and accrued leave. The claimant shall file and serve submissions on the respondent within 14 days of this ruling.
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Peterlis Juma & another v Shree Sai Industries Ltd [2015] KEELRC 664 (KLR)
✦ The dismissal was found to be unlawful and the claimants were awarded compensation and other benefits.
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Kenya Union Of Commercial, Food And Allied Workers v Jatomy Enterprises Limited [2015] KEELRC 665 (KLR)
✦ The court orders the respondent to comply with the previous ruling in Cause No. 59 of 2013, and restrains the respondent from victimizing, intimidating, coercing, harassing, terminating, dismissing, forcing withdrawals from the union, transferring or disciplining the claimant's members on account of their trade union membership.
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Mbaruk AD-Ham Basty v Five Forty Aviation Limited [2015] KEELRC 680 (KLR)
✦ The court commutes the summary dismissal to a normal termination and awards the Claimant three months' salary in lieu of notice, 17 days salary for February 2010, 30 days leave not taken, and refund of unlawful deduction.
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Catherine Chepkasis v Oneway Cleaning Services Ltd [2015] KEELRC 617 (KLR)
✦ The termination of the Claimant's employment is declared unfair and unjust. The Claimant is awarded one month salary in lieu of notice, accrued benefits, and compensation for unjust and unfair termination.
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Jeremiah K Kandagor v Masaai Mara University [2015] KEELRC 569 (KLR)
✦ The notice of retirement dated 3 June 2014 varying the terms of the Claimant’s contract of employment was unlawful and unfair. The Claimant be retained in employment with all the benefits in accordance with the contract of employment unless lawfully varied.
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Peter Owino Aloo v Telkom Kenya Limited [2015] KEELRC 590 (KLR)
✦ The preliminary objection that the suit is statute barred is overruled, and the case will proceed to full trial on merit.
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Duncan Mwirigi Arithi v Jhpiego Kenya [2015] KEELRC 630 (KLR)
✦ Judgment is entered for the claimant for severance pay and costs.
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Alex Charo & 3 others v Grand China Limited & another [2015] KEELRC 667 (KLR)
✦ Termination of the Claimants' contracts of employment was declared unfair and unlawful.
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Peter Maina Mwaniki v PCEA Silanga High School & another [2015] KEELRC 713 (KLR)
✦ The Court finds that the Claimant was on leave and not dismissed on 23rd November 2013, thus the conditional costs order is set aside
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Isaak Mohamed Mohamud v Trsition Authority [2015] KEELRC 677 (KLR)
✦ The application lacks merit and is dismissed with costs.