Kenyan case law

Peter Kimunyu v Highlands Mineral Water Company Limited [2016] KEELRC 778 (KLR)

✦ The Court finds the termination of the Claimant's employment was substantively and procedurally unfair and awards six months' salary in compensation.

Peter Maina Mwaniki v PCEA Silanga High School & another [2016] KEELRC 578 (KLR)

✦ The Court dismissed the Claimant's suit and set aside the interlocutory judgment.

Rift Valley Railways Workers Union v Building and Construction Workers Union & 3 others [2016] KEELRC 1849 (KLR)

✦ The court dismissed the preliminary objections and allowed the suit to proceed to full hearing.

Samson Wanderi Wambugu v Royal Oilfield Logistics [2016] KEELRC 777 (KLR)

✦ The court held that the claimant was not an employee of the respondent and was employed on a casual basis, thus not entitled to compensation for unlawful and unfair termination of employment.

Republic v Evans Odhiambo Kidero (Governor Nairobi County) & another ex-parte Evans Ondieki [2016] KEELRC 779 (KLR)

✦ The court finds the dismissal of the ex-parte applicant unconstitutional and dismisses the application. The court orders reinstatement and compensation.

Andrew Natembea Wafula v Metal Cans & Closures Kenya Ltd & Lupra Manpower and HR Management Services (Cause 734 of 2014) [2016] KEELRC 1859 (KLR) (4 August 2016) (Judgment)

✦ Termination was unfair and compensation awarded for 12 months' notice, 114 overtime hours, and 6 months' gross pay.

Elijah Bulibo Atulo v Jonathan Okutoyi Masongole & another [2016] KEELRC 832 (KLR)

✦ The Court orders the Respondents to pay the Claimant Kshs. 50,400 in service pay and to pay the Claimant the costs of the claim.

Bakery, Confectionary, Food Manufacturing and Allied Workers’ Union (Kenya) v Spin Knit Diary Limited [2016] KEELRC 785 (KLR)

✦ The dismissal of the employees was converted to a normal termination, and they were awarded compensation including notice pay, service pay, and salary for days worked.

John Okoth Kumba v Habo Group of Companies & another [2016] KEELRC 819 (KLR)

Alfred Kaloki & 13 others v Sea Front Entertainment Limited [2016] KEELRC 840 (KLR)

✦ The Application by Mr. Mbae is dismissed with costs to the Claimants

Kenya Building, Construction, Timber & Furniture Industries Employees Union v Kafunapasa Company Limited [2016] KEELRC 841 (KLR)

✦ The respondent's preliminary objection is dismissed with costs, and the parties are invited to take directions on hearing of the main suit.

Joseph Amenya Masara v Aimco Enterprises Limited [2016] KEELRC 809 (KLR)

✦ The termination of the claimant’s employment by the respondent on 12.9.2014 was unfair and unjust.

Kenya Petroleum Oil Workers Union v Solomon Mbuthia Kimani [2016] KEELRC 865 (KLR)

✦ The respondent was not the proper party to the suit and the suit is time barred.

Kennedy Senelwa Ombeva v Kevita International Company Limited [2016] KEELRC 66 (KLR)

✦ The Court finds the termination of the Claimant's employment was substantively and procedurally unfair, and awards him six (6) months' salary in compensation.

Bennet Ouma Oyuga v Gilanis Supermarket Limited [2016] KEELRC 837 (KLR)

✦ The cause of action is statute barred and should be struck out with costs to the Respondent.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Management of Segera Limited [2016] KEELRC 863 (KLR)

✦ Claimant is entitled to recognition under section 54 and is entitled to conclude a collective agreement under section 57.

Amalgamated Union of Kenya Metal Workers v Jumbo North East Africa Ltd [2016] KEELRC 813 (KLR)

✦ The Union did not meet the threshold for recognition and failed to prove victimisation. The Respondent is ordered to deduct and remit union dues.

Barnabas Maritim v Manywele Korgoren & another [2016] KEELRC 791 (KLR)

✦ The application is allowed out of a pure exercise of discretion, but subject to the plaintiff depositing the taxed costs and paying the throw away costs within 15 days.

Jotham Nyamiaka Oseko v Julie Muthoni Githinji [2016] KEELRC 847 (KLR)

✦ Claimant is entitled to a month's salary of Kshs. 10,500 and 5 days' pay of Kshs. 1,750, totaling Kshs. 35,500.

Stphen Mutinda Muthini v Sudhir J. Dhutia t/a Sudhir Autospares [2016] KEELRC 818 (KLR)

✦ The termination of the claimant's employment contract was unfair and unlawful.

Rashid Msena v Arkson Quarries [2016] KEELRC 788 (KLR)

✦ Termination was unfair in both substance and procedure. The Court orders compensation for unfair termination, notice pay, service pay, and salary for days worked.

Kenya Union Of Commercial, Food & Allied Workers v Flamco Limited [2016] KEELRC 830 (KLR)

✦ The Union did not meet the statutory threshold for recognition by the time of reporting the trade dispute, and the balloting exercise was not void.

Yobesh Simeon Nyamarika v China Road & Bridge Corporation (Kenya) (Cause 1762 of 2013) [2016] KEELRC 70 (KLR) (Employment and Labour) (29 July 2016) (Award)

✦ Claimant awarded six months' salary in compensation for unfair termination of employment and one month's salary in lieu of notice.

Charles Kyalo Mutua v Threeways Shipping Services [K] Limited [2016] KEELRC 811 (KLR)

✦ Termination was unfair and unlawful. Claimant is awarded notice pay, 19 days' salary, and 10 months' compensation for unfair termination.

Kimathi Mithika v Coastal Bottlers Limited [2016] KEELRC 817 (KLR)

✦ The termination of the claimant's employment contract was found to be unfair.