Kenyan case law

Kenya Union of Nurses v Kilifi County Public Service Board, Kwale County Public Service Board, Tana River County Public Service Board, Taita Taveta County Public Service Board, Wycliffe Ambetsa Oparanya & Ministry of Public Service, Youth and Gender, State Department for Public Service [2019] KEELRC 758 (KLR)

✦ The circular is quashed, and the interim orders are confirmed.

Dock Workers Union [K] v Kenya Ports Authority & another [2019] KEELRC 801 (KLR)

✦ The Miscellaneous Application is rejected. The Court orders the parties to resolve their dispute within the machinery availed by their Memorandum of Agreement, guided by existing Court of Appeal decisions.

Kenya National Union of Nurses v Council of Governors & another [2019] KEELRC 756 (KLR)

✦ The circular is quashed and stayed pending the main suit.

Dock Workers Union [K] v Kenya Ports Authority & another [2019] KEELRC 805 (KLR)

✦ The Miscellaneous Application is rejected. The Court orders the parties to resolve their dispute within the JIC machinery and encourages them to comply with JIC decisions.

Benson Okonji Atira v Kibera Church of God Primary School [2019] KEELRC 646 (KLR)

✦ Claimant was unfairly and unlawfully terminated, and awarded compensation equivalent to 12 months' salary

Peter Maina Mwaniki v Principal Secretary, Ministry of Interior & Coordination of National Government & 8 others [2019] KEELRC 509 (KLR)

✦ The termination was unfair due to lack of due process and the Claimant is entitled to payment of withheld salary and compensation.

Rabin Patrick Opwaka & another v National Bank of Kenya [2019] KEELRC 478 (KLR)

✦ The termination was unfair as it did not follow the required procedure of a hearing.

Timothy Njoroge Kabui v Gateway Marine Services Limited [2019] KEELRC 778 (KLR)

✦ The Court delivered judgment in favor of the Claimant for a total sum of Kshs. 1,355,866, with the Respondent paying part of the decree, comprising equivalent of 4 months' salary in compensation for unfair termination at Kshs. 516,528; notice pay at Kshs. 129,132; and annual leave at Kshs. 129,132, totaling Kshs. 774,792.

Angelica Mutinda v Athi River Marble & another [2019] KEELRC 796 (KLR)

✦ The court finds the claimant entitled to Kshs.118,983.86, including Kshs.111,200 salary arrears and Kshs.7,783.86 accrued leave, and orders the respondent to pay these amounts plus interest and costs.

Kenneth Otieno Siro v Florence Manea Muyundo t/a Ray of Health Centre and Community Centre [2019] KEELRC 766 (KLR)

✦ Claimant is awarded Kshs.358,290 in total for service pay, leave pay, and house allowance underpayments.

Partick Njuguna & 7 others v Wilson Sossion & 3 others [2019] KEELRC 727 (KLR)

✦ The court held that a Member of Parliament is not a full-time state officer and therefore cannot be engaged in any other gainful employment, and that holding the two positions of a Member of Parliament and the position of Secretary General of a trade union does not create a conflict as defined in Article 75(2) of the Constitution and section 26 of the Leadership and Integrity Act.

David Mwangala v Dodhia Packaging Limited [2019] KEELRC 762 (KLR)

✦ Preliminary objection is dismissed with costs.

Daniel Kyalo Kyuma v G4s Security Services (K) Limited [2019] KEELRC 765 (KLR)

✦ The claimant's casual employment converted to an indefinite term contract, terminable by at least 28 days' notice in writing or payment of salary in lieu of notice under section 35(1)(c) and 36 of the Act. The termination was not unfair.

Nelson Keshei v Narok County Government & another [2019] KEELRC 612 (KLR)

✦ The claimant is not entitled to gratuity as it was not a term of his contract of service.

John Kimani Mwega v Central Bank of Kenya & Board of Trustees of Central Bank of Kenya Pension Fund [2019] KEELRC 745 (KLR)

✦ The Court held that the respondent was not justified in withholding its acceptance of the claimant’s Notice of Early Retirement.

Godfrey Gitau Kimani v Easy Coach Limited (Cause 2159 of 2015) [2019] KEELRC 748 (KLR) (Employment and Labour) (27 September 2019) (Ruling)

✦ Claimant's application is dismissed as the claim was dead on arrival and there is no evidence of attempts to prosecute the claim or settle it out of court.

Martin Mati Muya v Judicial Service Commission & another [2019] KEELRC 722 (KLR)

✦ The court found that the 1st Respondent's acts were within its mandate and that the proceedings were not unconstitutional. The court dismissed the petition.

Mathew Munga Mungai v Homegrown Company Limited [2019] KEELRC 737 (KLR)

✦ The court dismissed the application for review and the motion for costs

Kazi Suleiman Juma v Milly Glass Workers Limited [2019] KEELRC 816 (KLR)

✦ The Claimant's claim is dismissed with no order on the costs.

Daniel Kamau Ngahu v Investeq Capital Limited [2019] KEELRC 763 (KLR)

✦ The suspension and subsequent dismissal of the claimant were declared unfair. The claimant is awarded Kshs.1,258,813 in compensation for unfair termination.

Mercy Muthoni Dorcas v Githunguri Dairy and Community Sacco Limited [2019] KEELRC 707 (KLR)

✦ The application for review is allowed only on the basis of the error in the title of the judgment, and the application is dismissed.

Peter Ogecha v Kenyatta University [2019] KEELRC 773 (KLR)

✦ The application is dismissed with costs because the application is distinct from the main suit.

Kenya Hotels and Allied Workers Union v Panari Hotel & 10 others; Kudheiha Workers & another (Interested Parties) [2019] KEELRC 717 (KLR)

✦ The Court dismissed the 4th Respondent's application for review and set aside the previous ruling.

David Nelson Miseda v Seven Seas Technology Limited [2019] KEELRC 729 (KLR)

✦ The court held that the respondent's actions did not amount to constructive dismissal.

China Jiangxi International [K] Limited v Anthony Wambua David alias Anthony David Mulu [2019] KEELRC 734 (KLR)