Kenyan case law

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.

Mwanjirani Mbuli Mwanjirani & another v Diamond Industries Limited [2018] KEELRC 771 (KLR)

✦ The Claimants are entitled to leave pay for 20 years for the 1st Claimant and 11 years for the 2nd Claimant.

Anjeline Gumo Ojango & 29 others v Dominion Farms Limited [2018] KEELRC 665 (KLR)

✦ The court grants the mandatory injunctions sought by the applicants for payment of terminal benefits and outstanding salary arrears.

Patrick Wanyonyi Mutali v KIMS Holdings Limited [2018] KEELRC 827 (KLR)

✦ The Court finds the Claimant's employment was unfairly terminated and awards him pay in lieu of notice, medical costs, accrued leave, and compensation.

Mwenga Mutii v Joshua Karunge t/a Mwambao Café [2018] KEELRC 717 (KLR)

✦ The Application by the Respondent to set aside the Judgment is allowed.

Reuben Shinoko Tsimango v Resort Kenya Ltd (Mayfair Casino & Club) [2018] KEELRC 849 (KLR)

✦ The dismissal was unfair and the Claimant is entitled to pay in lieu of notice and compensation.

Alfred Mwangi Kaninu v Delmonte Kenya Limited [2018] KEELRC 835 (KLR)

✦ The Court finds that the termination was procedurally unfair but not substantively unfair, and does not award compensation.

Maurice Otieno Olunya v Transoceanic Projects Development Limited & 2 others [2018] KEELRC 726 (KLR)

✦ The Court dismissed the Respondents' Application to set aside the Judgment and the Objector's Application to stop the attachment of the vehicles. The Claimant is granted notice pay and compensation for unfair termination.

Benson Kipkorir Bii v Standard Chartered Bank of Kenya Limited [2018] KEELRC 680 (KLR)

✦ The claim is in abuse of the court process

Kenya Union of Commercial, Food and Allied Workers v W.E. Tilly Ltd & another [2018] KEELRC 790 (KLR)

✦ The Court dismisses the cause with liberty to the Union to commence fresh recruitment if it has members employed by the Respondents.

Nourine Yakub v Simoun Travel Ltd [2018] KEELRC 853 (KLR)

✦ The application is dismissed with costs to the Respondent.

Ann Wanjira Wachira v One Way Cleaning Services Limited [2018] KEELRC 764 (KLR)

✦ Claimant is entitled to Kshs. 7,500 for August 2017 salary and costs of the suit.

Apollo Okoth Mwanga v Kenya Institute of Educaiton [2018] KEELRC 744 (KLR)

✦ The Court finds the Claimant was unfairly dismissed due to lack of an opportunity to be heard and awards him 12 months salary for unfair termination.

Cecilia Martha Njeri Nduati & another v Presbyterian University of Africa [2018] KEELRC 746 (KLR)

✦ The termination was unfair due to lack of valid reasons and due process, and the court awards compensation and leave.

Elizabeth Wambui Mbugua v National Housing Corporation [2018] KEELRC 803 (KLR)

✦ The dismissal was unfair due to lack of due process. The claimant is awarded 8 months' compensation and Kshs. 317,815.75 as termination notice, and Kshs. 721,520.04 for gratuity. The claimant is also awarded Kshs. 96,978.50 for unpaid annual leave.

Mary Wangechi Kingori v Riara Group of Schools Ltd [2018] KEELRC 789 (KLR)

✦ Judgment in favor of the claimant for a declaration of permanent employment, compensation for wrongful termination, and payment of unpaid salary and benefits.

Daniel Opondo Obimbo & 5 others v Abercrombie & Kent Kenya Ltd & another [2018] KEELRC 824 (KLR)

✦ The claimants are seasonal employees and not entitled to any of the remedies as prayed for, except for the statutory certificate of service.

Charo William & 15 others v Ready Consultancy Limited [2018] KEELRC 861 (KLR)

✦ The Claimants' claims are dismissed with no order on the costs

James Kinyua v University of Nairobi [2018] KEELRC 834 (KLR)

✦ The Court allows the application to set aside the dismissal and reinstate the cause for a hearing on the merits.

Stephen Wachira Murakaru v Tana & Athi River Development Authority [2018] KEELRC 848 (KLR)

✦ The court finds the dismissal unlawful and unfair, and the Plaintiff is entitled to compensation for loss of salary, pension contribution, and payment in lieu of notice. The counter claim is time barred and dismissed.

Josephat Oluwaho Otundo v Worlwide Movers Kenya Limited [2018] KEELRC 832 (KLR)

Khalicha v Blue Nile East Africa Limited (Cause 1651 of 2014) [2018] KEELRC 2608 (KLR) (26 October 2018) (Ruling)

✦ Application granted, claimant's suit reinstated

Alfred Wanjala Khaemba v Glass Ace [2018] KEELRC 819 (KLR)

✦ The termination of the Claimant's employment was unfair and the Court awards compensation, pay in lieu of notice, December 2011 salary, NSSF deductions, and severance pay.

John Kiarie Ing’angi v Naisula Holdings Limited (Trading as Naisula School) [2018] KEELRC 855 (KLR)

✦ The Court finds the termination unfair in substance and procedure, and awards the claimant 12 months' salaries in compensation and Kshs. 73,500 for accrued annual leave.

Nathan Nyongesa Lichungu v High Grove Holding Limited [2018] KEELRC 792 (KLR)

✦ The claimant's pleadings are not supported by evidence, and he has not proved continuous service or the exact period of service and salary.