Kenyan case law
-
Martin Imbusi v Nyayo Tea Zones Development Corporation [2017] KEELRC 567 (KLR)
✦ The suit is time barred due to the expiration of the limitation period. The Respondent is not estopped by promisory estoppel and the preliminary objection was not raised prematurely.
-
Republic v Secretary, Public Service Commission & another Ex-parte Sammy Nzioki [2017] KEELRC 724 (KLR)
✦ The application for withdrawal of counsel is dismissed as the grounds are not valid. The application for recusal is also dismissed as the judge has already delivered judgment and is within the jurisdiction of the court.
-
Milton M Isanya v Aga Khan Hospital Kisumu [2017] KEELRC 571 (KLR)
✦ The court found that the Respondent's actions made the working conditions intolerable, constituting constructive dismissal.
-
Crospea Nafula Seli v Sukari Sacco Limited [2017] KEELRC 548 (KLR)
✦ The dismissal was procedurally unfair and the Claimant is entitled to one month's salary in lieu of notice.
-
Almond Kibiwott Kutto v Masinde Muliro University of Science and Technology [2017] KEELRC 561 (KLR)
✦ The suspension of the Claimant for 16 months was unlawful and the dismissal was discriminatory.
-
Katana Mwagandi v Board of Governors Takaye Primary School [2017] KEELRC 674 (KLR)
✦ The claimant is not entitled to salary in lieu of notice and compensation for unfair termination due to voluntary resignation. The claimant is entitled to unpaid annual leave.
-
Derick Mwanthi Kisyanga v Hebatullah Brothers Limited [2017] KEELRC 588 (KLR)
✦ The court orders one month's salary in lieu of notice, eight months salary for unfair termination of service, and leave untaken during the period of employment.
-
Kichamu Litten Muhenzi & 11 others v Vihiga County Public Service Board [2017] KEELRC 556 (KLR)
✦ The court grants the application, setting aside the court order of January 27, 2016, and granting leave to the Respondent to file its defence and defend the suit.
-
Beatrice Omiti v Kenya Commercial Bank Ltd [2017] KEELRC 575 (KLR)
✦ The termination of employment was not fair as the Respondent did not comply with the procedural requirements of Section 41 of the Employment Act.
-
Mumias Sugar Company Limited v Kenya Union of Sugarcane Plantation Workers [2017] KEELRC 559 (KLR)
✦ The termination of the three Union Officials was unilateral and without representation from the Union. The Court recommends their unconditional reinstatement and compensation.
-
Ogaro v Lavington Security; Kenya National Private Security Workers Union (Interested Party) (Cause 281 of 2013) [2017] KEELRC 2012 (KLR) (22 September 2017) (Judgment)
✦ The Claimant was not a casual employee and the summary dismissal was not fair.
-
Mercyline Makungu & 4 others v Binscape Limited [2017] KEELRC 555 (KLR)
✦ The termination was procedurally unfair and procedurally unfair.
-
Isaac Muli Muasya v Lavington Security Limited [2017] KEELRC 627 (KLR)
✦ The court allows the application for stay of execution but on terms that the decretal sum be deposited in court within 30 days of this ruling in default execution to proceed.
-
Daniel Kioko Pius v Athi River Still Plant Limited [2017] KEELRC 581 (KLR)
✦ The Court dismissed the claimant's claim for service pay as he was a member of NSSF and his contributions were up to date.
-
Margaret Mukhungu v Mumias Sugar Company [2017] KEELRC 570 (KLR)
✦ The redundancy was unlawful due to non-compliance with section 40 of the Employment Act regarding notification of redundancy.
-
Pamela Nelima Lutta v Mumias Sugar Co. Ltd [2017] KEELRC 577 (KLR)
✦ The disciplinary procedure was flawed, making the whole of the process a sham.
-
Joseph Wanderi Kahiga v Nyoro Construction Company Limited [2017] KEELRC 709 (KLR)
✦ Constructive dismissal was unlawful, and the claimant is awarded Kshs.47,000.00 in compensation and partial costs.
-
Felix Kahindi & 4 others v Hellen Akumu Odero [2017] KEELRC 651 (KLR)
✦ The termination was unfair and unlawful.
-
Kennedy Otieno Oluoch v Roto Moulders [2017] KEELRC 639 (KLR)
✦ Application for review dismissed without merit
-
Omar Shaban & 13 others v Armo Ltd t/a Lily Palm Resort Watamu [2017] KEELRC 669 (KLR)
✦ The claimants' contracts of service were unfairly terminated.
-
Kenya Shipping Clearing and Warehousing Workers Union v Rapid Kate Services Limited [2017] KEELRC 726 (KLR)
✦ The Respondent is directed to commence deduction and remittance of union dues on account of all the Claimant's members.
-
Joseph Nzioka v Smart Coatings Limited [2017] KEELRC 591 (KLR)
✦ The termination was unfair and compensation is ordered.
-
Mary Kerubo Osoro v Public Service Commission [2017] KEELRC 731 (KLR)
✦ The Court held that the Claimant is a person with disability and is entitled to the rights and privileges under the Persons with Disabilities Act.
-
Jane Kerubo Ondieki v Kapchorua Tea Company Limited [2017] KEELRC 550 (KLR)
✦ The Court found that the termination was not valid and that the Respondent did not comply with fair procedure.
-
Jackson Obale Tebakor v Alliance One Tobacco (K) Limited [2017] KEELRC 562 (KLR)
✦ The Court finds that the Claimant and other Claimants were in the employment of the Respondent for the period set out in the NSSF statements and are entitled to the remedies sought.