Kenyan case law
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Josphat Cosmas Onyango v Tribe Hotel Limited [2018] KEELRC 686 (KLR)
✦ The application for unconditional stay of proceedings is dismissed with costs.
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Paul Kitema v Kenya Power and Lighting Company Limited [2018] KEELRC 736 (KLR)
✦ The court finds and holds that the respondent has failed to prove on a balance of probability that the Claimant misconducted himself in the manner stated in the dismissal letter.
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John Abuko Dianga v Forage Auto & Alled Suppliers (K) Limited [2018] KEELRC 752 (KLR)
✦ The claimant's case collapses due to mutual agreement termination, and the respondent is ordered to pay Kshs. 70,000.
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Joseph Mumali Wanga v Blessed T.C World-Class Spares Limited [2018] KEELRC 759 (KLR)
✦ The termination was unfair due to lack of due process and the absence of a criminal conviction for theft. The claimant is awarded 6 months' salaries in compensation for the unfair termination.
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Charles Mumo Munyambu v Nation Media Group (Cause 861 of 2013) [2018] KEELRC 753 (KLR) (Employment and Labour) (2 November 2018) (Judgment)
✦ The employment was unfairly terminated and the Claimant is awarded Kshs 60,000 in pay in lieu of notice, compensation, and leave.
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Steel Structures Limited v Henry King’ara Ndung’u [2018] KEELRC 774 (KLR)
✦ Claimant is entitled to pay in lieu of notice and training costs. Injunction prayer is abandoned.
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Cathrine Njeri Wainaina v Kiriri Women’s University of Science & Technology [2018] KEELRC 762 (KLR)
✦ The Court finds the termination unfair and unlawful, and awards the claimant a declaration, compensation, and other remedies.
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Nicholas Njenga Mwangi v Advent Valuers Limited [2018] KEELRC 653 (KLR)
✦ The application is allowed, and the Respondent is directed to serve the third party notice within 15 days, file responses within 21 days, exchange documents within 21 days, and file agreed issues within 45 days.
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Hezron Kudiba Ochilo v Borderless Tracking Limited (Cause 803 of 2016) [2018] KEELRC 749 (KLR) (1 November 2018) (Judgment)
✦ The termination was both substantively and procedurally unfair, and the Claimant is entitled to compensation.
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Ariton Kombo Mukabana v Wonder Feeds Limited [2018] KEELRC 112 (KLR)
✦ The claim is dismissed as the claimant's employment was terminated due to the end of a fixed-term contract, and the claims are time-barred.
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Mary Kagheha Ngaira v Mission in Action Kenya [2018] KEELRC 2558 (KLR)
✦ Judgment is entered for the claimant with notice pay, underpayment, overtime pay, and leave pay.
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Mbogho v Kenya Safari Lodges and Hotels Limited (Cause 974 of 2016) [2018] KEELRC 2606 (KLR) (1 November 2018) (Judgment)
✦ The Claimant's employment was terminated on 12th August 2016, and the Court found that the termination was not unlawful and unfair.
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Nyanje Richard Said & another v Marine Power House Limited [2018] KEELRC 783 (KLR)
✦ The termination of the Claimants' employment was unlawful and unfair, and they are entitled to compensation.
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Joseph Muhoro Murage & 7 others v Board of Management St. Augustine Gikondi Boys Secondary School [2018] KEELRC 510 (KLR)
✦ The motion is dismissed with costs to the Respondent as the Claimants have not provided sufficient material to show the 17-30% pay hike implemented from January 2018 in respect of other staff.
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Kahindi Kazungu Baya & another v Boniface Silas Mukanga [2018] KEELRC 784 (KLR)
✦ The employment relationship between the Claimants and the Respondent is dismissed as the Claimants failed to prove their transition from employment by the initial owners to employment by the Respondent.
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Joseph Mburu Gathuru & 28 others v County Government of Nakuru [2018] KEELRC 78 (KLR)
✦ The court orders the respondent officers to show cause why the consent judgment and decree have not been complied with and proceeds to punish them for contempt.
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Bernard Ochieng Musula v Governor, County Government of Kisumu Peter Anyang Nyong’o & another [2018] KEELRC 737 (KLR)
✦ The Court dismissed the petition with costs, finding the appointment of the 2nd Respondent was not in violation of the Constitution or the County Governments Act.
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Kudheiha Workers v Operations Director Mr Patrick Munene White Rhino Hotel [2018] KEELRC 718 (KLR)
✦ The suit is struck out and each party bears their own costs.
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Peter Ndiritu Gitahi & 60 others v Attorney General [2018] KEELRC 728 (KLR)
✦ Petition is struck out as it is invalid, void and of no effect
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Julius Ikapes Wasike v Capacity Outsourcing Limited [2018] KEELRC 734 (KLR)
✦ The Claimant is entitled to notice pay, compensation for 3 months, and costs of the suit.
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Republic v Kenya Marine & Fisheries Institute Ex-parte Ben B. Oisera [2018] KEELRC 778 (KLR)
✦ The Court held that the Respondent's decision to transfer the applicant was not procedurally flawed and thus not ultra vires, null and void.
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Charles Kamunya Nderitu v Nairobi Plastics Limited [2018] KEELRC 703 (KLR)
✦ The dismissal was unfair and unlawful, and the Claimant was entitled to one month's salary in lieu of notice, 3 months' salary compensation, costs of the suit, and a certificate of service.
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Lilian Khavere Musiro v Eastern Produce Limited [2018] KEELRC 725 (KLR)
✦ The claimant's contract lapsed on July 31, 2015, and she is not entitled to any notice, severance pay, or compensation for unfair termination.
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Caleb Nasengo v Shanir Distributors Limited [2018] KEELRC 711 (KLR)
✦ Application dismissed with costs to the claimant
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Martin Sikuku Wamalwa v Diamond Industries Limited [2018] KEELRC 782 (KLR)
✦ The claim for unlawful dismissal and notice pay is dismissed. The Claimant is awarded leave pay for 16 years in the sum of Kshs. 174,720.