Kenyan case law

KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V JAMES FINLAYS (K) LIMITED [2013] KEELRC 406 (KLR)

✦ The court finds that the grievant was notified and given an opportunity to defend himself before termination.

MUTHURI MAGIRI V VALLEY BAKERY LIMITED [2013] KEELRC 402 (KLR)

✦ The court finds the claimant entitled to Ksh.73,657.48 in terminal dues and benefits.

MARGARET OMONDI v KENYA REVENUE AUTHORITY [2013] KEELRC 403 (KLR)

✦ The Claimant's summary dismissal was not justified and she is awarded three months' salary in lieu of notice, 12 months' compensation, and retirement benefits.

DANIEL MUTISYA MASESI v ROMY MADAN & another [2013] KEELRC 450 (KLR)

✦ The Court finds that the Claimant initiated termination by voluntarily resigning and deserting work in a fit of anger. The claim for compensation in unfair termination is rejected. The Respondents were under obligation to provide the Claimant with reasonable housing accommodation at or near the place of work, or in the alternative, pay reasonable house rent allowance to the Claimant. The Court awards Kshs. 369,495 in accumulated house rent allowances.

Bishi & another v Versus Hedge Farm Ltd & another (Cause 60 of 2012) [2013] KEELRC 407 (KLR) (12 April 2013)

KENYA UNION OF DOMESTIC, HOTELS EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERSCHARLES WAITHAKA GOKO t/a APPLE BEES PUB AND RESTAURANT [2013] KEELRC 440 (KLR)

✦ Termination was unfair; Respondent shall pay the Grievant compensation at 10 months' salary of Kshs. 80,000; 1 month notice pay at Kshs. 8,000; annual leave pay at Kshs. 24,000; service pay at Kshs. 13,846; and salaries for May and June 2009 at Kshs. 16,000- all added up at Kshs. 141,846.

RICHARD OJUANG HABADA v ELECTRO TECHNOLOGIES LIMITED [2013] KEELRC 415 (KLR)

✦ The claimant's employment was found to be unfairly terminated, and he is awarded one month's salary in lieu of notice and compensation for leave days not taken.

Patrick Nguthiru Gichuki v David Denny [2013] KEELRC 680 (KLR)

✦ Claimant failed to prove his claim and the case is hereby dismissed with costs.

REBECCA ACHIENG v NASSEFU CO-OPERATIVE SAVINGS AND CREDIT SOCIETY LTD [2013] KEELRC 444 (KLR)

✦ Termination was procedurally unfair, compensation of one month's pay awarded

AMALGAMATED UNION OF KENYA METAL WORKERS v DADHLEY INDUSTRIES LTD [2013] KEELRC 453 (KLR)

✦ Application declined, parties directed to set down matter for hearing to address all issues

DAVID O. OWINO V KENYA INSTITUTE OF SPECIAL EDUCATION [2013] KEELRC 409 (KLR)

✦ The Court deems the Claimant an employee of the Respondent up to the date the final decision on his case was made, applying the 14 months' salary payment made to the Claimant as his salary for the period between November 2008 and December 2009.

KENYA SCIENTIFIC, RESEARCH INTERNATIONAL, TECHNICAL & ALLIED INSTITUTIONS WORKERS’ UNION v KENYA SUGAR RESEARCH FOUNDATION [2013] KEELRC 446 (KLR)

✦ The Court upheld the Memorandum of Agreement and dismissed the grievants' claims.

CAROLINE ATIENO OSWETA V KENYA YUNGHENG PLATE MAKING LIMITED [2013] KEELRC 408 (KLR)

✦ The termination of the Claimant's employment was not lawful as it was not based on a bonafide economic rationale and was not exercised in good faith.

JAMES O. TONGI & 10 0THERS V ROBERT ODWORI ABWOGA & 2 OTHERS [2013] KEELRC 419 (KLR)

✦ The prayer to nullify the registered officials is refused.

HUMPHREY NYAGOE MAKORI v KENYA PORTS AUTHORITY [2013] KEELRC 420 (KLR)

✦ Application dismissed with costs to Respondent

NICHOLAS GITAHI NDEGWA v AGA KHAN UNIVERSITY HOSPITALMr. Mwanthi for Claimant [2013] KEELRC 439 (KLR)

✦ The employment of the Claimant was terminated by the Respondent with effect from 3rd June 2010, the date of his arrest and charge.

CLEMENT MUTISO MUINDE v BRITISH AMERICAN INSURANCE COMPANY LIMITED [2013] KEELRC 447 (KLR)

✦ The Court finds the dismissal to be unfair, un-procedural, and malicious.

AGNES NGIMA KARIUKI & 7 OTHERS V JETLAK FOOD LIMITED [2013] KEELRC 436 (KLR)

✦ The termination of the Claimants' contracts of employment was unfair, and the Respondent shall pay them a total sum of Kshs. 894,537 as compensation.

JOHN MWEMA NYAMAI V RANJEET SAGOO [2013] KEELRC 428 (KLR)

✦ The Court allows the application to reopen the Claimant's case so that the Claimant can be cross-examined on documents already on the Court record.

KAMAU MAINA V THIKA COFFEE MILLS LIMITED [2013] KEELRC 236 (KLR)

✦ The application to set aside the Award and seek leave to defend the claim is rejected with no order as to costs.

DISHON MAREKO NGINE & 4 Others v FAUSTION NJERU NJOKA & Another [2013] KEELRC 327 (KLR)

✦ The judgment upholds the previous judgment in High Court of Kenya Civil Appeal No. 52 of 1996

CHRISPINUS NGAYO MUSUNDI V ATTORNEY GENERAL & ANOTHER [2013] KEELRC 429 (KLR)

✦ The Court found the 1st and 2nd Respondents in contempt of Court and ordered them to be punished for their refusal to implement the judgment.

MILLY KAGEHA SABWA V TELEMEDIA COMMUNICATIONS LTD [2013] KEELRC 433 (KLR)

✦ The Court finds that the termination was not unfair and dismisses the claim.

RICHARD OMANGA MOMANYI V JOHN WAIGANJO T/A FARRAN ESTATE [2013] KEELRC 437 (KLR)

✦ The Court dismissed the Claimant's case and ordered the dismissal with costs.

MAGOA ANDREW MOIRORE V KENYA BUREAU OF STANDARDS [2013] KEELRC 431 (KLR)

✦ The Court granted a stay of execution of the award and decree pending the hearing and determination of the intended appeal.