Kenyan case law
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Kenya Union of Commercial, Food and Allied Workers v Rumukia Farmers Cooperative Society Ltd (Cause E005 of 2020) [2022] KEELRC 13114 (KLR) (31 October 2022) (Judgment)
✦ The court found the Respondent in violation of section 40 of the Labour Employment Act 2007, and ordered compensation for the 36 employees.
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Sati v Barclays Bank of Kenya Limited (Cause 437 of 2017) [2022] KEELRC 13223 (KLR) (31 October 2022) (Judgment)
✦ The dismissal was procedurally unfair and the claimant is entitled to compensation and other remedies.
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Mugo v Teachers Service Commission (Employment and Labour Relations Cause E028 of 2021) [2022] KEELRC 13180 (KLR) (31 October 2022) (Judgment)
✦ The court finds the termination of employment unlawful, unfair, unjust, and wrongful.
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Wanyoike & another v Mentor Sacco Society Limited (Petition E006 of 2021) [2022] KEELRC 13182 (KLR) (31 October 2022) (Judgment)
✦ The petitioners' rights were not violated, and they are not entitled to the relief sought.
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Wairagu v Green Hills Hotel Nyeri (Appeal E001 of 2021) [2022] KEELRC 13181 (KLR) (31 October 2022) (Judgment)
✦ The appeal is dismissed with orders that each party bears their costs of the same
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Mugo v Mwietheri Savings & Credit Co-operative Ltd (Cause E031 of 2021) [2022] KEELRC 13106 (KLR) (31 October 2022) (Judgment)
✦ The claimant is not entitled to the relief sought and is dismissed with costs.
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Obango v Platinum Outsourcing and Logistics (E.A) Ltd (Miscellaneous Case E081 of 2022) [2022] KEELRC 13026 (KLR) (31 October 2022) (Ruling)
✦ The court has jurisdiction to hear the case and section 16 of the Work Injury Benefits Act, 2007 is not unconstitutional.
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Yaseen v Cabinet Secretary, Ministry of ICT, Innovation and Youth Affairs & 2 others; Kenya Broadcasting Corporation (Interested Party) (Petition E119 of 2022) [2022] KEELRC 13127 (KLR) (31 October 2022) (Judgment)
✦ The Court found that the Petitioner did not acquire a legitimate expectation of renewal of his employment contract and thus did not violate any constitutional or statutory rights.
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Sitati v Mcensal School of Fashion Design (Cause 2452 of 2017) [2022] KEELRC 13101 (KLR) (31 October 2022) (Judgment)
✦ The Court held that the termination of the Claimant's employment was unfair and unlawful.
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Marangu v Board of Management Mwonge Junior Boys & Girls Boarding (Cause E018 of 2021) [2022] KEELRC 13179 (KLR) (31 October 2022) (Judgment)
✦ The termination of employment was unlawful and the claimant is entitled to reinstatement and compensation.
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Kiriinya v Kiwara & another (Cause 7 of 2021) [2022] KEELRC 13134 (KLR) (31 October 2022) (Judgment)
✦ The court finds no termination of employment by the respondent and dismisses the claim with costs.
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Mwangi v Mutanga Investments Limited; Diamond Trust Bank (Garnishee); Mimano (Third party) (Cause 231 of 2015) [2022] KEELRC 13105 (KLR) (31 October 2022) (Ruling)
✦ The court orders an absolute attachment of the respondent's funds held by the garnishee to satisfy the debt.
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Lean Energy Solutions Ltd v Muororo (Cause E034 of 2022) [2022] KEELRC 13027 (KLR) (31 October 2022) (Ruling)
✦ The court granted the application for stay of execution pending appeal and extended time for the applicant to file a memorandum of appeal.
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Otiende v Board of Trustees, National Social Security Fund & another (Petition E026 of 2022) [2022] KEELRC 13292 (KLR) (31 October 2022) (Judgment)
✦ The Court found that the petition did not meet the threshold of a properly presented petition and dismissed the case.
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Kenya Union of Commercial, Food and Allied Workers v Winyitie Dairy Farmers Cooperative Society & another (Cause E017 of 2021) [2022] KEELRC 13176 (KLR) (31 October 2022) (Judgment)
✦ The claimant is entitled to one month salary in lieu of notice, 4 days worked in April 2019, service pay, underpayments, 10 months compensation for unfair termination, and a certificate of service.
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Macharia v Registered Trustees, Franciscan Sisters of Immaculate, Nyeri (Appeal E017 of 2021) [2022] KEELRC 13082 (KLR) (31 October 2022) (Judgment)
✦ The court allowed the appeal and set aside the judgment of the Principal Magistrate, awarding the appellant compensation for unlawful termination of employment and other benefits.
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Kenya Union of Commercial, Food & Allied Workers v Mugoiri Five Farmers Co-operative Society Ltd & 7 others; Muranga County Co-opertive Commissioner (Interested Party) (Cause E056 of 2021) [2022] KEELRC 13087 (KLR) (31 October 2022) (Judgment)
✦ The claimant is entitled to the relief sought.
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Mwashigadi v Highlands Drink Limited (Cause E046 of 2021) [2022] KEELRC 13141 (KLR) (31 October 2022) (Judgment)
✦ The termination of the claimant's employment was found to be unlawful and unfair.
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Gakuya v Double X Enterprises Ltd & 3 others (Cause E001 of 2020) [2022] KEELRC 13107 (KLR) (31 October 2022) (Judgment)
✦ The claimant's employment was lawfully terminated due to good cause, and he is not entitled to the relief sought.
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Anduku v Real Careers Limited (Cause 1063 of 2016) [2022] KEELRC 13044 (KLR) (31 October 2022) (Judgment)
✦ The court finds the termination of claimant's employment unfair due to lack of clarity and inconsistency in the evidence provided by both parties.
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Muchoki v Board of Management, St.Paul’s Junior Seminary (Appeal E016 of 2021) [2022] KEELRC 13083 (KLR) (31 October 2022) (Judgment)
✦ The appeal is dismissed with orders that each party bears their costs.
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Muriuki v Principal, Warazo Jet High School & another (Cause E051 of 2021) [2022] KEELRC 13138 (KLR) (31 October 2022) (Judgment)
✦ The termination was lawful and fair.
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Kenya Union of Commercial, Food & Allied Workers v Iriaini Farmers Cooperative Society Ltd (Cause E039 of 2021) [2022] KEELRC 13085 (KLR) (31 October 2022) (Judgment)
✦ I find a case of unlawful termination of employment and order relief accordingly.
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Mucheru v Olooltepes Picnic Site Limited (Cause 1135 of 2016) [2022] KEELRC 13045 (KLR) (31 October 2022) (Judgment)
✦ The court finds that the defense of desertion or absconding of duty is not sustainable in this case.
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Kenya Union of Commercial, Food and Allied Workers v Iriaini Farmers Cooperative Society Ltd (Employment and Labour Relations Cause E052 of 2021) [2022] KEELRC 13175 (KLR) (31 October 2022) (Judgment)
✦ The respondent's reversal and reduction of the salaries of the 13 grievants in September, 2018 was unlawful. The claimant is entitled to the relief sought.