Kenyan case law
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Kollengode Venkatachala Lakshminarayan v KSC International Limited (On Behalf of the Liquidator) [2021] KEELRC 743 (KLR)
✦ The termination was not justified by a valid reason and the procedure followed was not fair.
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Anthony Nasenya Sakwa v Capwell Industries Limited [2021] KEELRC 767 (KLR)
✦ The court found the claimant's termination to be unfair and unlawful.
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Josph Wakibia v Jomo Kenyatta University of Agriculture and Technology [2021] KEELRC 745 (KLR)
✦ The applicant has failed to establish any ground for review and the application is dismissed with costs.
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Krishna Kandimalla v Mobile Asset Tracking Limited & another [2021] KEELRC 753 (KLR)
✦ The court held that there was an employment relationship between the claimant and the 1st Respondent.
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Kenya Engineering Workers Union v Jantech Engineering Limited [2021] KEELRC 746 (KLR)
✦ The application is dismissed as the failure to comply with the court order was not deliberately meant to disobey the authority of the court.
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Obed M. Pius v Koppert Biological Systems [2021] KEELRC 742 (KLR)
✦ The claimant was dismissed and not deserted work
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Wagikuyu v Summer Millers Limited (Cause 2099 of 2015) [2021] KEELRC 2415 (KLR) (15 October 2021) (Ruling)
✦ The claimant's application for reinstatement is dismissed
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Chris Oanda v Kenya Airways [2021] KEELRC 765 (KLR)
✦ The application has merits and sufficient cause has been shown for discharging the orders issued on 14.3.2018.
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George Ochieng’ Owiti v Crescent Tech Limited [2021] KEELRC 761 (KLR)
✦ The Court finds the amendment merited and orders the Draft Amended Statement of Claim to be deemed properly filed and served
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Pamela Nkirote Kigunda v Safari Park Hotel [2021] KEELRC 754 (KLR)
✦ Termination was justified but unfair due to lack of fair procedure
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Kenya Engineering Workers Union v Alloy Steel Casting Limited [2021] KEELRC 747 (KLR)
✦ The Court orders the parties to execute the CBA as agreed, with the effective date set as 1st August 2019, to run for 2 years and thereafter remain in force until amended with consent.
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Brian Weke &3 others v Ann Kananu Mwenda & 2 others; Speaker Nairobi City County (Interested Party) [2021] KEELRC 741 (KLR)
✦ The 1st Respondent lawfully took over the Office for Governor Nairobi City County, and the termination of the petitioners' employment was not unfair.
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Ruth Mwikali Muia & 2 others v Jam Hotels Limited & another [2021] KEELRC 757 (KLR)
✦ The Court declares that termination of the 1st Claimant's contract was unfair and unlawful. The Respondents are ordered to pay the Claimant gratuity of Kshs. 30,000, compensation equivalent of 4 months' salary for unfair termination at Kshs. 90,000, and leave pay at Kshs. 54,518. Costs are awarded to the 1st Claimant.
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Kenya Hotels and Allied Workers Union v Oak Place Hotel Ltd [2021] KEELRC 755 (KLR)
✦ Respondent's Motion is dismissed with costs to the Claimant
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Peter Mucha Gachoka v Protocol Solutions Limited [2021] KEELRC 700 (KLR)
✦ Application for stay and leave to appeal dismissed.
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Kenya Council of Employment and Migration Agencies v John Obiero Nyagarama (Deceased), Advocate on Record - Court of Appeal Civil Application No.E10 Of 2020 Nakuru, Advocate on Record-Judicial Review 1 (B) of 2019 Kericho ELRC, Advocate on Record - Petition 1 of 2015 Kericho ELRC, Naomi Nyangarama, Emily Nyagarama, Chairman Council of Governors, Lee Funeral Home Nairobi, Nyamira County Government, Nyamira County Assembly & Nyamira County Public Service Board (Appeal E079 of 2021) [2021] KEELRC 678 (KLR) (Employment and Labour) (14 October 2021) (Ruling)
✦ The court granted the interim leave and stayed the orders from the previous case pending the appeal.
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Josphat Mukuna Amasa v Complete Solutions Insurance Brokers Limited [2021] KEELRC 740 (KLR)
✦ Termination was unfair and unlawful. Claimant entitled to 6 months' salary compensation and 1 month's notice pay.
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Kennedy Omwoso Olanda v Athi Reiver Shalom Community Hospital [2021] KEELRC 780 (KLR)
✦ The court finds that the claimant was dismissed without a fair procedure and awards compensation equivalent to four months' salary, house allowance, and gratuity.
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Kenya Chemical Workers Union v Bamburi Cement Limited [2021] KEELRC 654 (KLR)
✦ Motion denied, costs to be borne by Claimant, parties directed to complete pre-trial procedures for hearing on merits
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Kenya County Government Wokrers Union v Wajir County Government & 4 others [2021] KEELRC 684 (KLR)
✦ The court finds the respondents in contempt of court for disobedience of the court order issued on January 16, 2020, and fails to purge the contempt.
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Kenya Union of Commercial, Food and Allied Workers v House Mart Limited [2021] KEELRC 666 (KLR)
✦ The court declines the claimant's request for recognition and orders the parties to return to the shop floor to ascertain current membership and initiate the recognition process.
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Kenya Building Constructions Timber and Furniture Industries Employees Union v Pamigo Limited [2021] KEELRC 777 (KLR)
✦ The Court lacks jurisdiction to entertain the suit as it is time barred.
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Joseph Ochieng Mbora v Africa Regalia [2021] KEELRC 764 (KLR)
✦ The dismissal was wrongful and unfair, and the Claimant is entitled to one-month salary in lieu of notice, 21 days leave allowance, salary for January 2016, and 1 month's salary as compensation for wrongful dismissal.
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Bakery, Confectionary, Food Manufacturing and Allied Workers Union (K) v United Millers Limited [2021] KEELRC 758 (KLR)
✦ A temporary injunction restraining the Respondent from terminating the 77 grievants through redundancy is granted.
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Phillip Riunga Matema v Broad Network Transporters Limited [2021] KEELRC 670 (KLR)
✦ The claimant was an employee of the respondent, there was unfair termination of employment, and his terminal dues were not paid.