Kenyan case law
-
Kenya National Union Of Nurses v Cabinet Secretary National Treasury and Economic Planning & another (Judicial Review Application E019 of 2023) [2023] KEELRC 2966 (KLR) (20 November 2023) (Judgment)
✦ The application is dismissed with orders each party to bear own costs of the proceedings.
-
Mberia v Mount Kenya University (Cause 1407 of 2016) [2023] KEELRC 2960 (KLR) (20 November 2023) (Ruling)
✦ The respondent/applicant's notice of motion is not merited.
-
Ondunga v Kenya Defence Forces & another (Petition E70 of 2023) [2023] KEELRC 2952 (KLR) (20 November 2023) (Ruling)
✦ The petition is dismissed with no orders on costs as the cause of action is time-barred and the petition is an abuse of court process.
-
Anyona & 6 others v Principal Secretary, Ministry of Health & 2 others; Kenya Medical Practitioners, Pharmacists and Dentist Union & 4 others (Interested Parties) (Petition E041 of 2023) [2023] KEELRC 2968 (KLR) (20 November 2023) (Judgment)
✦ Petitioners are entitled to stipends and other relief
-
Muriithi v Autochek Kenya Limited t/a Cheki Kenya Ltd (Petition E138 of 2023) [2023] KEELRC 2954 (KLR) (20 November 2023) (Ruling)
✦ The preliminary objection is dismissed with costs
-
Kenya Society for the Protection and Care of Animals v Mwalimu (Employment and Labour Relations Appeal E216 of 2022) [2023] KEELRC 3134 (KLR) (20 November 2023) (Judgment)
✦ The documents in question are considered employment records and not personalized documents, thus requiring the makers to testify. The court dismissed the objection raised by the Respondent.
-
Maina v Kenya Revenue Authority (Miscellaneous Application E188 of 2023) [2023] KEELRC 2967 (KLR) (20 November 2023) (Ruling)
✦ The court finds a continuing injury and allows the petition to be filed, but with the condition that the time of limitation in section 90 of the Employment Act, 2007 has not lapsed.
-
Ogada v Multimedia University of Kenya (Cause E192 of 2023) [2023] KEELRC 3441 (KLR) (20 November 2023) (Judgment)
✦ The Court dismisses the Claimant's suit as the Respondent cannot be held liable for the Claimant's medical expenses as there is no medical finding indicating how the Claimant contracted the disease.
-
Kenya Medical Practitioners Pharmacists and Dentists Union & another v Salaries and Remuneration Commission & 4 others; 47 County Government Public Service Boards & 56 others (Interested Parties) (Employment and Labour Relations Petition E006 of 2023 & Petition 048 of 2023 (Consolidated)) [2023] KEELRC 2964 (KLR) (17 November 2023) (Judgment)
✦ The dispute is justiciable in so far as the court is being called to determine whether the SRC acted ultra vires and overstepped its mandate in proposing to abolish payment of Non-Practice Allowance in the public service.
-
Inyani v Promasidor Kenya Limited (Employment and Labour Relations Cause E001 of 2021) [2023] KEELRC 2948 (KLR) (17 November 2023) (Judgment)
✦ The Court finds the dismissal procedurally fair and substantively just, and dismisses the claimant's case with costs.
-
Kenya Chomical and Allied Workers Union v East Africa Portland Cement & another; Kitumbo & 141 others (Applicant) (Employment and Labour Relations Cause 2119 of 2014) [2023] KEELRC 2987 (KLR) (17 November 2023) (Ruling)
✦ The court granted the applications for urgent service and signatory dispensation, and ordered the decretal amount to be deposited to the union's bank account for distribution.
-
University of Nairobi v Ileve (Employment and Labour Relations Appeal E047, E188, E164 & E178 of 2022 & E066 & E070 of 2020 & E160, E162 & E135 of 2021 (Consolidated)) [2023] KEELRC 3136 (KLR) (17 November 2023) (Judgment)
✦ The Court found that the Chief Magistrates Court had jurisdiction to hear and determine the claims filed before them. The Court also ruled that the 2013-2017 Collective Agreement can apply retrospectively.
-
Kenya Union of Commercial, Food and Allied Workers v Kiambu (Cause 1363 of 2018) [2023] KEELRC 2939 (KLR) (17 November 2023) (Judgment)
✦ The statement of claim and the counterclaim are dismissed with no orders in costs.
-
Erastus v Zhongmei Engineering Group Limited & another; Attorney General (Interested Party) (Cause 2449 of 2017) [2023] KEELRC 2946 (KLR) (17 November 2023) (Judgment)
✦ The claimant is awarded Kshs.40,000 less PAYE by December 31, 2023, and costs of the suit.
-
Mohamed v Judicial Service Commission (Cause E645 of 2022) [2023] KEELRC 2983 (KLR) (17 November 2023) (Ruling)
✦ The court held that the affidavit was not taken by a commissioner for oaths and was therefore defective.
-
Amukowa v Premier Cookies Limited & 3 others (Miscellaneous Cause E157 of 2023) [2023] KEELRC 2958 (KLR) (17 November 2023) (Ruling)
✦ The application is hereby dismissed with costs.
-
Njiiri v Mars Wrigley Confectionery (K) Limited (Cause E006 of 2022) [2023] KEELRC 2951 (KLR) (17 November 2023) (Judgment)
✦ The Court finds that the termination was lawful, procedural, and for justifiable reasons, and dismisses the claimant's suit with costs.
-
Emira v Securex Agencies (K) Ltd (Cause 1596 of 2018) [2023] KEELRC 2940 (KLR) (17 November 2023) (Judgment)
✦ The termination was unfair and without notice, and the claimant is awarded Kshs.198,000 in lieu of notice and 8 months' salary in compensation.
-
Mutema v Kenya Methodist University (Cause 1887 of 2016) [2023] KEELRC 2962 (KLR) (17 November 2023) (Ruling)
✦ The Court finds the Applicant's Application not meritorious and dismisses it with costs to the Claimant
-
Njeri v Lubutse (Employment and Labour Relations Appeal E182 of 2022) [2023] KEELRC 2985 (KLR) (17 November 2023) (Judgment)
✦ The learned magistrate erred in law by holding that the Respondent was unlawfully terminated.
-
Anduka v Rosolo Building Co. Limited (Employment and Labour Relations Cause 1106 of 2018) [2023] KEELRC 2944 (KLR) (17 November 2023) (Judgment)
✦ The court dismissed the claimant's suit with costs.
-
Njuguna v K-Unity Savings & Credit Co-operative (Employment and Labour Relations Cause 265 of 2018) [2023] KEELRC 2984 (KLR) (17 November 2023) (Judgment)
✦ The dismissal was found to be unfair and unlawful as the Respondent failed to prove a substantive reason and did not follow due procedure.
-
Manono v Sava Builders Limited (Appeal E005 of 2022) [2023] KEELRC 2933 (KLR) (17 November 2023) (Judgment)
✦ The appeal is dismissed with costs, and the trial court's judgment is upheld.
-
Katheka v National Police Service Commission & another (Petition 17 of 2023) [2023] KEELRC 2959 (KLR) (17 November 2023) (Ruling)
✦ The court reviews the time bar determinations and the date of the review decision.
-
Khisa v Kenya Plantation and Agricultural Workers Union (Petition E25 of 2023) [2023] KEELRC 2943 (KLR) (17 November 2023) (Ruling)
✦ The preliminary objection is dismissed with costs, and the matter is directed for further directions for expeditious determination of the petition.