Kenyan case law
-
Astro Techwell Limited v Kamami (Appeal E008 of 2023) [2024] KEELRC 2822 (KLR) (15 November 2024) (Judgment)
✦ The appeal is dismissed with costs in favor of the respondent, and the trial court's finding that Kamami was the appellant's employee is upheld.
-
Direct Pay Limited v Kihuha & another (Cause 783 & 741 of 2019 (Consolidated)) [2024] KEELRC 2834 (KLR) (15 November 2024) (Judgment)
✦ The court finds that the defendants breached the employment contract by disclosing proprietary information and is entitled to Kshs. 55,000 in damages.
-
Nkosi & another v Salaries and Remuneration Commission & 5 others (Petition E076 of 2024) [2024] KEELRC 2840 (KLR) (15 November 2024) (Judgment)
✦ Petition dismissed with costs, but declaratory orders are granted regarding discrimination and non-compliance with constitutional rights
-
Waithaka v Golden Africa Kenya Limited (Cause 4 of 2023) [2024] KEELRC 2835 (KLR) (15 November 2024) (Judgment)
✦ The summary dismissal was unfair both procedurally and in substance. The claimant is entitled to compensation and a certificate of service.
-
Abinayo v House & Farm Company Limited (Petition E061 of 2024) [2024] KEELRC 2832 (KLR) (15 November 2024) (Judgment)
✦ The Court finds that the respondent violated the petitioner's fundamental rights and orders compensation and injunction.
-
Kosgei v Mvita Management Company Limited (Petition E022 of 2024) [2024] KEELRC 2841 (KLR) (15 November 2024) (Judgment)
✦ The Court dismissed the petition, finding the termination not unlawful or unfair and rejecting the claim of discrimination based on pregnancy.
-
Njeru & another t/a Macharia -Mwangi & Njeru Advocates v Kimani (Appeal E043 of 2023) [2024] KEELRC 2828 (KLR) (14 November 2024) (Judgment)
✦ The court found that the trial learned Magistrate erred in finding that the Respondent was constructively dismissed and in awarding just some of the reliefs sought by the Respondent.
-
Adrian v Co-operative Bank of Kenya Limited (Cause 1792 of 2017) [2024] KEELRC 2812 (KLR) (14 November 2024) (Judgment)
✦ The summary dismissal was procedurally fair.
-
G4S Kenya Limited v Arasa (Employment and Labour Relations Appeal E019 of 2022) [2024] KEELRC 2814 (KLR) (14 November 2024) (Judgment)
✦ The appeal is dismissed. The trial court's findings are upheld. The Appellant is ordered to pay costs of the appeal and the lower court.
-
Nyaberi & 5 others v Mediheal Hospital Nakuru (Cause 377 of 2017) [2024] KEELRC 2860 (KLR) (14 November 2024) (Judgment)
✦ The court found that the claimants were constructively dismissed and awarded them various reliefs including compensation for wrongful dismissal, service pay, and costs.
-
Otieno v Nairobi Hospital; Kenya Hospital Association (Interested Party) (Cause 419 of 2019) [2024] KEELRC 2802 (KLR) (14 November 2024) (Ruling)
✦ Claimant's application for reinstatement of his claim is disallowed and the claim stands dismissed.
-
AON Hauliers Limited v Ngele (Suing as the Administrator of the Estate of Jason Mwachienda (Deceased)) & another (Miscellaneous Application E048 of 2024) [2024] KEELRC 2805 (KLR) (14 November 2024) (Ruling)
✦ The application is granted, and the applicant is awarded Ksh.947,500, with costs to be shared equally by the applicant and the 1st respondent.
-
Soni v Gudka & 2 others (Office bearers of the Board of Management of the Pandya Memorial Society); Kinyua t/a Makini Auctioneers Agencies (Interested Party) (Cause E114 of 2023) [2024] KEELRC 2791 (KLR) (14 November 2024) (Ruling)
✦ The court quashed and set aside the warrants of attachment issued to Makini Auctioneers, finding the practice improper and invalid.
-
Mugo v Chase Bank (Kenya) Limited (Cause 730 of 2015) [2024] KEELRC 2813 (KLR) (14 November 2024) (Judgment)
✦ The Claimant's employment was not terminated by the Respondent but instead he voluntarily resigned.
-
Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Game on Solutions (K) Limited (Cause E081 of 2021) [2024] KEELRC 2790 (KLR) (14 November 2024) (Judgment)
✦ The court finds the termination of employment to be wrongful and unfair, and orders the payment of terminal dues.
-
National Transport & Safety Authority v Nthiga (Appeal E243 of 2022) [2024] KEELRC 2830 (KLR) (14 November 2024) (Judgment)
✦ The court found that the Respondent was not unfairly terminated and that the learned Magistrate did not err in ordering for reinstatement and awarding unpaid salary.
-
Khayanje v Royal Tulip Canaan Nairobi Ltd (Cause 602 of 2019) [2024] KEELRC 13260 (KLR) (14 November 2024) (Ruling)
✦ The Court granted a stay of execution pending the hearing and determination of the appeal, subject to the decretal sum being deposited into an interest-earning account in the joint names of the parties' advocates.
-
Matheka v Intercontinental Consulatants & Technocrats PVT Limited (Miscellaneous Application E173 of 2024) [2024] KEELRC 2801 (KLR) (14 November 2024) (Ruling)
✦ The application is declined
-
Makhanu v Bob Morgan Security Limited (Cause E933 of 2023) [2024] KEELRC 2788 (KLR) (14 November 2024) (Ruling)
✦ Claimant's claim is statute barred and is struck out
-
Jomo Kenyatta University of Agriculture and Technology v University Academic Staff Union & another (Cause E743 of 2024) [2024] KEELRC 2803 (KLR) (14 November 2024) (Ruling)
✦ The strike is declared unlawful and unprotected, and the strike notice is suspended. The parties are directed to proceed with the stalled conciliation process.
-
Olulo v Digital Communications Systems Ltd (Cause E016 of 2020) [2024] KEELRC 13284 (KLR) (14 November 2024) (Ruling)
✦ The Court dismisses the Notice of Preliminary Objection as without merit
-
Ritho v Teachers Service Commission (Petition E005 of 2024) [2024] KEELRC 2799 (KLR) (14 November 2024) (Ruling)
✦ The petition is time barred and does not meet the competence threshold.
-
Assad & another (As Trustees of Global Pastrolist Organisation) v Mutile & 4 others (Appeal E098 of 2024) [2024] KEELRC 2809 (KLR) (14 November 2024) (Judgment)
✦ The court held that the 2nd appellant is not a trustee or an official of the Global Pastoralist Organization and thus not capable of entering into a contractual relationship with the respondents.
-
Abdi v Garissa County Public Service Board & another (Judicial Review Miscellaneous Application E049 of 2024) [2024] KEELRC 2798 (KLR) (14 November 2024) (Ruling)
✦ The court grants leave to initiate a Judicial Review application which will act as a stay against the implementation of the interview results.
-
Kenya Engineering Workers Union v Kisumu General Engineering Employers Group of FKE (Cause E054 of 2024) [2024] KEELRC 2817 (KLR) (14 November 2024) (Judgment)
✦ The Court finds that the employer did not act in good faith and that the service gratuity clause should be maintained at the prevailing rates.