Kenyan case law
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Johnson Lisamula Murila v Presbyterian Church Hospital & another [2017] KEELRC 618 (KLR)
✦ The court declines to review the order and reiterates its previous order of transfer. The appeal is transferred to this court.
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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.
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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.
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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.
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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.
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Lumumba Mumma & Kaluma Advocates v Esau Rodgers Mumia [2017] KEELRC 714 (KLR)
✦ Judgment entered in favor of the applicant for costs in the sum of Kshs.235,495/=.
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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.
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Malise Duba Buku v Sagar Builders Limited (Cause 1363 of 2014) [2017] KEELRC 688 (KLR) (Employment and Labour) (21 September 2017) (Judgment)
✦ The Court finds in favor of the Claimant for underpayment of salaries and overtime pay, but dismisses the claim for severance pay.
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Joseph Muisyo Kimeu v Vegpro Kenya Limited (Cause 2012 of 2013) [2017] KEELRC 693 (KLR) (Employment and Labour) (20 September 2017) (Judgment)
✦ The Court finds the termination unfair and unjustified, and awards the Claimant his terminal benefits and costs.
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Charles Osicho & another v Registrar of Trade Unions & another [2017] KEELRC 676 (KLR)
✦ The Registrar of Trade Unions' action of denying the applicants' request to recruit members for purposes of registering a union is unjustifiable and null and void.
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Kenya Union of Employees of Voluntary and Charitable Organisations (KUEVACO) v Nairobi Pentecostal Church: Christ is the Answer Ministries (NPC-CITAM) [2017] KEELRC 707 (KLR)
✦ The court allows the application for review and includes the following: Kshs.44,811.03 as outstanding leave allowance, clarifies the total claim awarded is now Kshs.1,373,942.03 less statutory deductions, and orders the Respondent to pay costs of the suit.
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Modern Coast Builders & another v Maurice Owuor Onyango [2017] KEELRC 712 (KLR)
✦ The Appeal is declined. Costs of the Appeal are to be awarded to the Respondent.
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Dominic Njoroge Ndegwa v Fortcom Consult Limited [2017] KEELRC 679 (KLR)
✦ The Court finds the termination to be unfair and unprocedural
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Richard Ouma Musewe & another v Tea Warehouse Limited [2017] KEELRC 717 (KLR)
✦ Termination was declared unfair, and the respondent is ordered to pay compensation and leave pay to the claimants.
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Anthony Wangai Kiragu v China Road And Bridge Corporation [2017] KEELRC 690 (KLR)
✦ Termination was unfair. The Respondent shall pay the Claimant Kshs. 805,854 as detailed in the Statement of Claim.
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Anthony Ochieng v Kenya Revenue Authority (Cause 820 of 2017) [2017] KEELRC 727 (KLR) (Employment and Labour) (15 September 2017) (Ruling)
✦ The court finds the disciplinary process unduly oppressive and an abuse of the rule of natural justice, halting the process and directing the claimant to resume duty unconditionally.
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Charo Rai Mbega v Yogendra Ramanlal Rawal t/a Economic Maintenance Products [2017] KEELRC 725 (KLR)
✦ The Court found in favor of the Claimant on all issues and ordered the Respondent to pay the amounts specified in the Amended Statement of Claim.
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Joseph Kisalucha Kitandi v Midworld Enterprises International Limited [2017] KEELRC 729 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay the Claimant equivalent of 4 months' salary in compensation for unfair termination, notice pay, and annual leave pay.
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Kenya Plantation and Agricultural Workers’ Union v Migotiyo Plantation Limited [2017] KEELRC 719 (KLR)
✦ The interim orders are set aside, and the respondents are cited for contempt of court.
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Nicholas Mweu Muia v Nanak Mechanical Engineering Limited [2017] KEELRC 713 (KLR)
✦ Termination was unfair, and the Respondent shall pay the Claimant the equivalent of 12 months' salary in compensation for unfair termination.
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Kenya Shoe Leather Workers Union v Africa PVC Industries Limited [2017] KEELRC 721 (KLR)
✦ The Court dismisses the claim with no order on costs
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Diocese Committee of African Independent Pentecostal Church of Africa, Gatundu South & 2 others v Joseph Kimani [2017] KEELRC 720 (KLR)
✦ The preliminary objection is dismissed for lack of merit, and the petition is allowed to proceed.
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Anthony Mwai Munyi v Computer Revolution Africa Ltd [2017] KEELRC 440 (KLR)
✦ The court awards notice pay, unfair labour practice compensation, and service pay to the claimant, and dismisses the respondent's counter-claim.
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Omar Mohammed Ibrahim v Secretary, Public Service Commission & 2 others [2017] KEELRC 722 (KLR)
✦ The employment of the claimant as the Assistant chief of Haroresa sub-location in Tana River District was terminated unlawfully and unfairly.
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Andrew Oloo Otieno v Kenya Sugar Board [2017] KEELRC 730 (KLR)
✦ The summary dismissal was substantively and procedurally fair, and the claimant is not entitled to general damages. The claimant is entitled to house allowance during the period of suspension and half of the basic salary during the period of suspension/interdiction.