Kenyan case law

Bernard Mariita Nyangara v Packaging Industries Limited [2015] KEELRC 643 (KLR)

✦ The dismissal was procedurally unfair and procedurally unjustified.

Muia v Samsung Electronics East Africa Ltd (Cause 1583 of 2013) [2015] KEELRC 699 (KLR) (23 July 2015) (Judgment)

✦ The Court found that the termination was not wrongful and unfair, and thus dismissed the claim.

David Adema Lugongo v New Kenya Co-operative Creameries Limited [2015] KEELRC 658 (KLR)

✦ Claimant is awarded 3 months salary in lieu of notice, 15% house allowance for 15 months, and 12 months salary as damages for unlawful termination. The surcharge claim is dismissed.

Leonard O M Baraza & another v Transpares (Kenya) Ltd [2015] KEELRC 648 (KLR)

✦ The suit is struck out as incompetent and res judicata due to previous cases and improper filing through an agent.

Banking, Insurance & Finance Union (Kenya) v Barclays Bank of Kenya Ltd & Kenya Bankers Association [2015] KEELRC 654 (KLR)

✦ The Court will not address the issues in the interim as the matter has been pending for over a year.

David Mungai Kinuthia v Simply Perfect [2015] KEELRC 710 (KLR)

✦ The Claimant was employed by the Respondent on a casual basis prior to June 15, 2011, earning a daily wage rate of Kshs. 282/- and later increased to Kshs. 348/- per day. The Respondent denied withholding payment and averred that it had continued paying the Claimant wages while he was in hospital till January 2011.

Peter Karenju Mwangi v Home Afrika Limited [2015] KEELRC 628 (KLR)

✦ Claimant is entitled to 1 month salary in lieu of notice, 12 months salary as compensation for unfair termination, unpaid salary for April 2014, and a Certificate of Service.

Benjamin Oduma Kobare v Attorney General [2015] KEELRC 653 (KLR)

✦ The claimant's wrongful retirement claim is barred by the Employment Act, 2007, as it was filed after the applicable law was repealed.

Anthony Thuo Kanai v Canon Assurance Limited [2015] KEELRC 605 (KLR)

✦ The Court denied the application for a stay of the hearing and did not determine the Claimant's entitlement to raise claims of unlawful termination and fees for services rendered.

Universities Academic Staff Union v Egerton University Council [2015] KEELRC 671 (KLR)

✦ The Court held that the grievants' dues should be paid without loss of benefits

John Kiambati v Motorways Construction [2015] KEELRC 744 (KLR)

✦ The Claimant was unfairly terminated as provided under section 45 (1) & (2) of Employment Act 2007

Job K. Muriuki v Mada Hotels Limited [2015] KEELRC 672 (KLR)

✦ The Court dismissed the application

Elvis K. Likobele v Kenya Airports Authority [2015] KEELRC 635 (KLR)

✦ The Court found the dismissal to be illegal and void ab initio.

Mercy Mwende Kivindu v S. M. Anjichi as the Secretary & Executive Director of Kenya Institute of Bankers [2015] KEELRC 709 (KLR)

✦ The Court upheld the decision of the Hon. Lady Justice Maureen Onyango, finding no error in awarding relief beyond the statutory limit of 3 years.

Kyalo Musyoki v Teckpak Industries Limited [2015] KEELRC 734 (KLR)

✦ The termination was lawful as the Claimant was on probation and had not served long enough to complain of unfair termination. The Claimant is entitled to 7 days salary as notice pay and a Certificate of Service.

Collins Ochieng Onyango v Rea Vipingo Plantation Ltd [2015] KEELRC 714 (KLR)

✦ The Court awards the Claimant the sum of Kshs. 96,432/= within 30 days.

Onesmus Munyalo v Tinnette Enterprises Limited [2015] KEELRC 696 (KLR)

✦ The Court dismissed the claim with costs.

Charles Gatheca v Atlas Copco Eastern Africa Limited [2015] KEELRC 712 (KLR)

Ruth Njeri Mbugua v Nairobi Consumers Co-operative Union Ltd 3 others [2015] KEELRC 587 (KLR)

✦ The Court declares null and void the admission of liability for the embezzled funds made under threat of prosecution and declares any securities or arrangements made for liquidation thereof unprocedural and a violation of the applicant's constitutional right to fair administrative process and hearing.

Kenya Engineering Workers’ Union v I.S.L. Kenya Ltd [2015] KEELRC 575 (KLR)

✦ The application is disallowed, and the claimant is directed to set the matter down for hearing at the earliest opportunity.

Jackson K Berege v Masaai Mara University [2015] KEELRC 770 (KLR)

✦ The Court finds and holds that the notice of retirement dated 3 June 2014 varying the Claimant’s contract of employment is unlawful and unfair.

Edward Munyao Muumbi v Kapa Oil Refineries Ltd [2015] KEELRC 601 (KLR)

✦ The dismissal was found unfair and excessive, and the claimant is awarded compensation and costs.

Quinto Okiru Omuke v Security Seven Limited [2015] KEELRC 768 (KLR)

✦ Employment was terminated due to redundancy, not due to the Claimant's own volition. The Claimant is entitled to severance pay and other agreed benefits.

Angeline Musinzi Munyasa v ZTE (Kenya) Ltd [2015] KEELRC 581 (KLR)

✦ The court awards the claimant one month's pay in lieu of notice, salary for May and June, and 8 months' salary as compensation for unfair termination.

Enock Anyango Anyanga & another v Kenya Union of Saving and Credit Co-operative Limited [2015] KEELRC 602 (KLR)

✦ The Court found that the claimants were not found guilty of irregular financial practices and that their termination was contrary to the respondent's Terms and Conditions of Service. The Court ordered compensation for wrongful termination.