Kenyan case law

Kenya Medical Research Institute v Attorney General & 37 others [2016] KEELRC 630 (KLR)

✦ The Court of Appeal has jurisdiction to entertain an appeal over decisions of Employment and Labour Relations Court but the decision opens up for attack by the Court of Appeal, the decision of the tribunal over which the appellate court had no jurisdiction in the first place.

Duncan Munguti Maina v Board of Governors, Mugeka Secondary School [2016] KEELRC 730 (KLR)

✦ The termination was unfair due to lack of valid reason for termination. The claimant is awarded Kshs.84,000 for unfair dismissal. The claimant is entitled to other remedies including notice, accrued annual leave, unpaid salary, and house allowance.

James Gitau Mukuria v Consolbase Containers Frieght Station [2016] KEELRC 719 (KLR)

✦ The termination was unfair and unjustified.

Ali Munga Mumba v Ketty Tours Travel & Safaris [2016] KEELRC 695 (KLR)

✦ The claimant's resignation was not constructive termination, and he is not entitled to severance pay or unpaid salary.

Philemon Mboye Kachila v County Public Service Board of Taita Taveta & another [2016] KEELRC 696 (KLR)

✦ The Preliminary Objection is allowed only to the extent that the Notice of Motion dated 30.5.2016 is struck out for being incompetent. The main suit will proceed to hearing and determination on merits.

J M M, J N G & P M W v Registered Trustees of the Anglican Church of Kenya [2016] KEELRC 387 (KLR)

✦ Judgment is entered for each claimant for reinstatement with full pay and benefits, payment of accrued salary arrears, and costs of the suit.

Louis Armstrong Otieno v Mediamax Network Limited [2016] KEELRC 647 (KLR)

✦ The Court finds the termination unfair and awards the claimant eight months salary as compensation for unfair termination of services and six months salary in lieu of notice of termination.

Lucia Muthoni Meria v Acdemic Services Limted [2016] KEELRC 716 (KLR)

✦ Justice will be done to both parties by granting the leave to pay the decreed sum by monthly installments of Kshs.200,000 effective from 20.6.2016.

Alfred Abii Ogombo v Polycap Ocholla & 2 others [2016] KEELRC 711 (KLR)

✦ The motion is improperly before the court and is struck out

George Okoth, Eugene Okoth, Benson Makoti, Fredrick M. Machio, Ganira A. Andolo, Beatrice Chebii & Philip Onyango v Kenya Petroleum Workers Union & Registrar of Trade Unions (Cause 375 of 2016) [2016] KEELRC 642 (KLR) (Employment and Labour) (9 September 2016) (Ruling)

✦ The Court declines to make any interlocutory orders and directs that the dispute over the elections be decided after full trial.

Sammy Nzioka Bita & 3 others v Casablanca Restaurant Club & 2 others [2016] KEELRC 720 (KLR)

✦ The application to reopen the hearing is dismissed with costs to the claimant.

Caroline Atieno Osweta v Bake & Bite Mombasa Limited [2016] KEELRC 725 (KLR)

✦ The termination was found to be unlawful and unfair.

Michael Rugara Wambugu v Kenya Red Cross [2016] KEELRC 743 (KLR)

✦ The motion is dismissed as the Claimant has not provided sufficient evidence to support his claim and the delay in filing the application is unreasonable.

Kenya Union of Commercial Food and Allied Workers v Sanpack Africa Limited [2016] KEELRC 629 (KLR)

✦ The court allowed the application for review and corrected the error on the face of the record in computing compensation for the two grievants.

Jackson Kivilu v Alba Petroleum Limited [2016] KEELRC 700 (KLR)

✦ The court is not functus officio and the motions have no merit.

Banking, Insurance & Finance Union (K) v Kenya Commercial Bank Limited [2016] KEELRC 668 (KLR)

✦ The Court allows the application and directs that the points of contention be submitted to the Cabinet Secretary for conciliation prior to implementation.

Kenya Union of Commercial Food and Allied Workers v Decor Hardware [2016] KEELRC 746 (KLR)

✦ The claimant is entitled to recognition and the respondent must deduct and remit union dues with respect to all employees who have signed Form S. The respondent must pay the claimant's costs and negotiate a recognition agreement.

Paul Makau Mututu v Nasib Industrial Products Limited [2016] KEELRC 744 (KLR)

✦ Application dismissed with costs to the Claimant

Reuben Mahindi Mulama v Menengai Oil Refineries Ltd [2016] KEELRC 728 (KLR)

✦ The Court finds that the dismissal was not unfair and dismisses the claim.

Paul Kilonzo v Silpack Industries Ltd [2016] KEELRC 619 (KLR)

✦ The court awards the claimant terminal benefits and compensation for the unlawful termination of employment.

George Muteti v Express Ddb Kenya [2016] KEELRC 726 (KLR)

Boniface Mulandi v Ali Barbours Cave Restaurant [2016] KEELRC 708 (KLR)

✦ The application has merits and should be allowed.

Peter Muange Mwangangi v Faisal Construction Kenya Limited [2016] KEELRC 727 (KLR)

✦ The Court finds that the Respondent terminated the Claimant's employment without a valid reason and awards six (6) months' salary in compensation.

Jones Okero Momanyi v Public Service Commission [2016] KEELRC 458 (KLR)

✦ The dismissal was unfair and reduced to retirement with full benefits.

Jimmy Kinanja Wasike v Oxford University Press E.A Limited [2016] KEELRC 731 (KLR)

✦ The application for stay of execution of decree is allowed on condition that the claimant releases half the decretal sum to the respondent and the other half be deposited in an interest earning account held in the joint names of the respondent's counsel and claimant within 30 days.