Kenyan case law

Kariuki v Kenya Institute Of Management (Cause 1203 of 2011) [2014] KEELRC 169 (KLR) (24 June 2014) (Judgment)

Benard A. Ludeshi v Kenya National Security Workers Union [2014] KEELRC 407 (KLR)

✦ Pending applications will be heard on July 1, 2014. The deposit amount will be reviewed and enhanced to Ksh.2,000,000 pending the hearing of the 29th April application. If the deposit is not made within seven days, the freezing orders will be enforced.

Ernest Ehenje Irungu Ngolo v Benson Irungu Muya [2014] KEELRC 418 (KLR)

✦ Claimant awarded severance pay, unpaid wages, and compensation for unlawful termination

Benard A. Kagasi v For You Chinese Restaurant [2014] KEELRC 414 (KLR)

✦ The Court finds the termination of the Claimant's employment unfair and awards six months' pay in compensation plus one month's pay in lieu of notice, and severance pay at 15% of his monthly pay for every completed year of service.

Charles K.W. Masinde v Intergovernmental Authority on Development [2014] KEELRC 411 (KLR)

✦ Application allowed, costs on the applicant.

George Aseey v Mabati Rolling Mills Ltd [2014] KEELRC 426 (KLR)

✦ The Claimant is awarded Kshs 853,100 in total compensation. The claims for other benefits are dismissed.

Edgar Ndemo Momanyi v Catering & Tourism Development Levy Trustees [2014] KEELRC 1207 (KLR)

✦ The court ordered the Deputy Registrar to tax the instructions fee and the getting up fees based on salary arrears payable to the Claimant between the date of dismissal and the date of re-installation in the sum of Kshs. 2,571,970.80.

Jacob Kipkosgei Mitei v Kenya Vehicle Manufacturers Ltd [2014] KEELRC 1089 (KLR)

✦ The claimant's dismissal was not unfair and the claimant is ordered to pay the respondent Kshs.822,749.00.

Daniel Kipkorir Langat v Nakuru Snackways Ltd [2014] KEELRC 1077 (KLR)

✦ The court finds the claimant was employed in July 2006, the termination was unfair, and the claimant is entitled to Kshs.257,055.15 in compensation and the certificate of service.

Boniface Nyaga Njiru v Board Of Trustee Gichugu Water & Sanitation Trust [2014] KEELRC 1070 (KLR)

✦ The court declares the terminations unlawful and unfair, and awards compensation to the claimants.

Pauline Waithira Muraguri v Murang'a Farmers Co-Operative Union Ltd. [2014] KEELRC 1067 (KLR)

✦ The cause of action accrued around 2010 when the conciliator issued his certificate and was renewed in February, 2012. The suit was filed within time and the objection to statute bar is overruled.

Antony Wanjau Kilonzo v Moi Teaching and Referral Hospital [2014] KEELRC 1082 (KLR)

✦ The court finds the termination unfair and awards the claimant back pay and general damages.

Richard Haywood Ondiko v Geothermal Development Company Limited [2014] KEELRC 1090 (KLR)

✦ The court dismisses the petition with costs, finding that the petitioner failed to establish the contravention of constitutional rights and freedoms.

Alex Toya Indasio v Mini Bakeries (Nrb) Limited [2014] KEELRC 1079 (KLR)

✦ The claimant's dismissal was upheld as he confessed to the misconduct before being dismissed.

Bernard Mochama Onduma & another v Amos Kimwomi Nyaribo & another [2014] KEELRC 419 (KLR)

✦ The house allowance award for the 1st Claimant and the 2nd Claimant is set aside. The leave in lieu award for the 1st Claimant is set aside and substituted with three years leave in the sum of Kshs.32,928/=, and for the 2nd Claimant, it is set aside and substituted with three years leave in the sum of Kshs.16,065/=

Duncan Obiero Obiero v Fairview Hotel Limited [2014] KEELRC 416 (KLR)

✦ The claim of constructive dismissal is dismissed. The Claimant is awarded unpaid gratuity and the value of the confiscated phone.

Donald Mumo Moses v Mid-Wave Freighgters Limited [2014] KEELRC 1080 (KLR)

✦ The Court finds that the Claimant was suspended pending further action which has not been forthcoming.

Charles Patterson Otwori v Management Science for Health [2014] KEELRC 223 (KLR)

✦ The Court found the dismissal to be wrongful and unfair.

Daudi Kilonzo v Security Seven Limited [2014] KEELRC 1059 (KLR)

✦ The Court made no order for costs in the application.

Charles Juma Oleng v M/S Auto Garage Ltd & another [2014] KEELRC 1170 (KLR)

✦ The claimant was unfairly terminated and awarded compensation, notice pay, salary arrears, house allowances, and service pay.

Joseph Mailu Malu v Football Kenya Ltd [2014] KEELRC 1062 (KLR)

✦ There was no termination of employment, as it occurred during the probation period. The claimant is not entitled to the relief sought.

Farah Abdinor Ahmed v National Land Commission & 2 others [2014] KEELRC 1144 (KLR)

✦ The court has jurisdiction to hear and determine the petition as it relates to the appointment of the 2nd respondent and the conservatory orders sought are within the Industrial Court's jurisdiction.

Luyali v Ministry of Foreign Affairs and International Trade & 2 others; Commission on the Administrative Justice, “Office of The Ombudsman" (Interested Party) (Employment and Labour Relations Petition 23 of 2014) [2014] KEELRC 754 (KLR) (18 June 2014) (Judgment)

Ruth Wambui Murunyu v Indu Farm (Epz) Limited & 2 others [2014] KEELRC 1058 (KLR)

✦ The employer has established a valid reason for terminating the employee's employment.

Union of Kenya National Research & Allied Institutes Staff of Kenya (Unrisk) v Kenya Medical Research Institute (Kemri [2014] KEELRC 1076 (KLR)

✦ The court orders the adoption and enforcement of the Collective Bargaining Agreement (CBA) as agreed by the parties, with the effective date set on July 1, 2013, and the agreement to be in force for four years.