Kenyan case law
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PATRICK MATI NGULI V ST VINCENT CATHOLIC CHURCH [2013] KEELRC 427 (KLR)
✦ The Court finds the termination of the Claimant's employment unfair and awards him five months' salary in compensation, one month's salary in lieu of notice, and service pay and annual leave.
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EDWIN ODOUR CHACHA V PHILISTERS ONYANGO & ANOTHER [2013] KEELRC 425 (KLR)
✦ The Court found that the Respondent had not provided a valid reason for terminating the Claimant's employment and ordered the Respondent to pay the Claimant compensation and other relief as sought.
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ELSEPHAN INGALULA SHISOKA V MASTERS BAKERS (1987) LIMITED [2013] KEELRC 424 (KLR)
✦ The Court finds the Claimant's application to have the Directors examined has merit and directs them to present themselves for examination.
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LEONARD K. MUDAVADI & 3 Others v THE MANAGING TRUSTEES OF THE INSURANCE TRAINING AND EDUCATION TRUST (COLLEGE OF INSURANCE) [2013] KEELRC 449 (KLR)
✦ The court is unable to prepare a judgement as the parties have not addressed the issues in dispute. The parties are directed to agree on whether they wish to still do written submissions on all issues in dispute or go for the hearing of the case.
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RUTH MIDEVA v RUPIA LIMITED [2013] KEELRC 417 (KLR)
✦ The Court declares the termination unfair and grants compensation of 3 months pay for unfair termination (Kshs.54,000.00), one month pay in lieu of notice (Kshs.18,000.00), totaling Kshs.72,000.00.
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KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V JAMES FINLAY (K) LIMITED [2013] KEELRC 401 (KLR)
✦ The court found that the respondent did not discharge its legal obligations on health care for its staff and that the court cannot interfere with the respondent's discretion to declare employees redundant.
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KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V JAMES FINLAY (K) LIMITED [2013] KEELRC 422 (KLR)
✦ The court found that the respondent did not discharge its legal obligations on health care to its staff and that the court can interfere with the respondent's discretion to declare affected employees redundant.
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DAVID MWANGI GIOKO & 51 OTHERS V NAIROBI CITY WATER & SEWERAGE COMPANY LIMITED [2013] KEELRC 463 (KLR)
✦ The court declared that the termination was unfair and ordered reinstatement with full payment of emoluments and compensation.
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KENYA UNION OF COMMECIAL, FOOD AND ALLIED WORKERS v TRU FOODS LIMITED [2013] KEELRC 461 (KLR)
✦ The Court upholds the offer of Kshs.40,000 in ex gratia payment made by the employer, over and above other redundancy payments.
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KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS UNION V NATIONAL SOCIAL SECURITY FUND [2013] KEELRC 465 (KLR)
✦ The VER Scheme is a voluntary venture and the terms are not inferior to those in the update or to those offered to Albert Odero. The Claimant's application for suspension of the VER Scheme is disallowed, but the deadline for staff to submit their applications is extended to April 2, 2013.
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ABEL MARCEL OKOTH OKELLO V KENYA MEDICAL RESEARCH INSTITUTE [2013] KEELRC 340 (KLR)
✦ The Court finds the termination of the Claimant's contract of employment was actuated by bad faith and awards 12 months salary as compensation and Shs.241,956.24 as gratuity.
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ABEL MARCEL OKOTH OKELLO v KENYA MEDICAL RESEARCH INSTITUTE [2013] KEELRC 341 (KLR)
✦ The Court finds that the termination of the Claimant's contract of employment was actuated by bad faith and awards him 12 months salary as compensation and Shs.241,956.24 as gratuity.
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ABEL MARCEL OKOTH OKELLO V KENYA MEDICAL RESEARCH INSTITUTE [2013] KEELRC 342 (KLR)
✦ The Court finds the termination of the Claimant's contract of employment was actuated by bad faith and awards 12 months salary as compensation and Shs.241,956.24 as gratuity.
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MARIA MACHOCHO V TOTAL KENYA LIMITED [2013] KEELRC 577 (KLR)
✦ The Court declines to grant leave or extend time in causes of action based on breach of contract of service or actions arising out of the Employment Act, 2007.
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KENYA PLANTATION AND AGRICULTURAL WORKERS UNION v PRIMA ROSA FLOWERS LIMITED [2013] KEELRC 462 (KLR)
✦ The termination of Ratemo's employment was unfair, and he is entitled to 12 months' salary in compensation and all terminal benefits under the CBA as of November 4, 2011.
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PHINIAS ASENEKA NGERESA V SAROVA HOTELS LIMITED T/A SAROVA STANLEY [2013] KEELRC 459 (KLR)
✦ Application for stay of execution of the award is dismissed
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JOHN MWANIKI KILUMO V KAK ENTERPRISES [2013] KEELRC 483 (KLR)
✦ Employment was unlawfully and unfairly terminated; Claimant entitled to one month's salary in lieu of notice, accrued leave, severance pay, overtime pay, and 10 months' salary as compensation.
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REBECCA NYOKABI GITHU V MEDICINS SANS FRONTIERS (FRANCE) [2013] KEELRC 345 (KLR)
✦ The dismissal was found to be unfair and illegal
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RWAKEN INVESTMENTS LIMITED & another v THE MINISTRY OF LABOUR & 2 others [2013] KEELRC 477 (KLR)
✦ The Court directs that the proceeding before the Senior Resident Magistrate, Nairobi or a senior officer so designated, proceed in determining charges and offences as outlined under Section 28 (a), 36, 88 of the Employment Act and Sections 48 of the Labour Institutions Act.
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BENSON ODHIAMBO ONYANGO V INSTARECT COMPANY LIMITED [2013] KEELRC 470 (KLR)
✦ The termination of the Claimant's employment was unfair.
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LEODIP LEMUSE V DIRECTORS WADIA CONSTRUCTION COMPANY & ANOTHER [2013] KEELRC 454 (KLR)
✦ 1st Respondent (Directors of Wadia Construction Company) is struck from the proceedings with leave to amend.
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ARTHUR MITSUNE V DODWELL AND COMPANY (EA) LTD & ANOTHER [2013] KEELRC 413 (KLR)
✦ The Court upheld the objection raised by the Claimant's advocate, Mr. Oyatsi, and dismissed the Respondent's objection.
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KENYA HOTELS AND ALLIED WORKERS UNION V VOYAGER BEACH RESORT [2013] KEELRC 330 (KLR)
✦ The Court finds that the Kenya Hotels and Allied Workers Union is not the sole representative of workers in the hotel industry.
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KENYA UNION OF COMMERCIAL, FOOD AND ALLIED WORKERS V UKWALA SUPERMARKET LTD [2013] KEELRC 457 (KLR)
✦ The Court ordered a verification exercise to determine if the Claimant Union has attained 51% membership of the unionisable employees of the Respondent. The Respondent was also directed to deduct and remit union dues from all employees who have requested for deductions.
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KENYA HOTELS AND ALLIED WORKERS UNION v MANAGEMENT OF MADA HOTELS [2013] KEELRC 448 (KLR)
✦ The Court awards the terminal dues to the Claimant