Kenyan case law

CHARLES ONGANYA OKULO AND 3 OTHERS V SWEETY SWEETS LIMITED [2013] KEELRC 500 (KLR)

✦ Claimants' claims are not struck out, but they are advised to examine their claims with a view to making amendments in light of the law on limitation.

KENYA ENGINEERING WORKERS UNION V AUTO SPRING MANUFACTURERS LIMITED [2013] KEELRC 497 (KLR)

✦ The termination was fair, and the claim is rejected in its totality.

KENYA UNION OF PRINTING, PUBLISHING, PAPER MANUFACTURERS AND ALLIED WORKERS V TIMBER TREATMENT INTERNATIONAL LIMITED [2013] KEELRC 494 (KLR)

✦ The court finds the termination was unfair and the claimant is entitled to compensation for unfair termination and partial reinstatement.

KENYA UNION OF COMMERCIAL FOOD AND ALLIED WORKERS V MWANA BLACK SMITH LIMITED [2013] KEELRC 502 (KLR)

✦ The grievant's claim fails as the Claimant did not produce any document to prove an employment relationship between the grievant and the Respondent.

ELIZABETH NGINA v EAST AFRICA SAFARI AIR EXPRESS LTD [2013] KEELRC 478 (KLR)

✦ Termination was unfair, compensation awarded for unfair termination, pay in lieu of notice, unpaid dues in May 2012, and unpaid leave

Kenya Shoe & Leather Workers Union V Macquin Shoe Limited [2013] KEELRC 514 (KLR)

✦ The Court declined the claim for general wage increase and allowed the claims for increase in house allowance, extension of medical benefits, and termination and redundancy benefits.

AGNES YAHUMA DIGO V PJ PETROLEUM EQUIPMENT LIMITED [2013] KEELRC 503 (KLR)

✦ The Claimant was confirmed in employment on 12th August 2011. The absence from work was unauthorised and was an act of misconduct.

MUTUNE MUSAU V DESIGNWEAR LTD [2013] KEELRC 468 (KLR)

✦ The Court finds in favor of the Claimant.

PETER WAWERU CHEGE V LARI DIARIES ALLIANCE LTD [2013] KEELRC 504 (KLR)

✦ The claimant's services were wrongfully and unfairly terminated. The court orders the respondent to pay the claimant one month's salary in lieu of notice and equivalent of 6 months salary as compensation for unfair termination of employment.

JAMES MUGO WARUO v KENYA UTALII COLLEGE [2013] KEELRC 487 (KLR)

✦ The Court finds that the Claimant is entitled to compensation of 5 months' salary, Shs.120,100/=, due to the unfair dismissal and the failure to use fair procedure.

ESHA CHIZI LUGOGO V PACT KENYA [2013] KEELRC 501 (KLR)

✦ The termination was not justifiable, and the claim for unfair termination is dismissed.

DAVID KEMEI V ENERGY REGULATION COMMISSION [2013] KEELRC 496 (KLR)

✦ Claim dismissed in its entirety

KENYA UNION OF EMPLOYEES OF VOLUNTARY AND CHARITABLE ORGANIZATIONS V SUDAN CATHOLIC BISHOPS REGIONAL CONFERENCE [2013] KEELRC 482 (KLR)

✦ The Court finds that the accusations against the Grievant are invalid and that the Grievant had suffered an unfair and wrongful service termination.

DANIEL INYANGU DUNGANI v MARY KHAGALI LUMULA [2013] KEELRC 466 (KLR)

✦ The Court finds that the Claimant was an independent contractor and not an employee within the meaning of the Act, thus dismissing the entire claim against the Respondent.

DOROTHY A. RANDIKI V REGISTERED TRUSTEES ACTION AGAINST HUNGER – USA/KENYA MISSION [2013] KEELRC 484 (KLR)

✦ The three-month probation period was found to be unfair and invalid, and the claimant was entitled to one month's notice or payment in lieu thereof.

KUDHEIHA WORKERS V NAIROBI SAFARI CLUB [2013] KEELRC 493 (KLR)

✦ Claimant's dismissal is upheld with costs

JUSTUS MACHARIA KINYUA v TEULE KENYA [2013] KEELRC 505 (KLR)

✦ The Court finds that a clear case for summary judgment has not been made out and dismisses the Claimant's application for summary judgment.

KENYA PLANTATION & AGRICULTURAL WORKERS UNION v MUNUNGA LEAF BASE [2013] KEELRC 480 (KLR)

✦ The cause of action accrued on 20th March, 1997, the date of dismissal.

NAOMI J. MOROGO V VALLEY HOSPITAL LIMITED [2013] KEELRC 507 (KLR)

✦ The termination was summary dismissal in contravention of the Employment Act, 2007

KENYA UNION OF DOMESTIC, HOSTELS, EDUCATION INSTITUTIONS, HOSPITALS AND ALLIED WORKERS V B. O. G. GILGIL GIRLS SECONDARY SCHOOL (Cause 5 of 2013) [2013] KEELRC 524 (KLR) (12 February 2013)

✦ The court finds the dismissal unfair and unlawful, and orders the respondent to pay the grievant Kshs.542,015/= plus interest, and costs.

ALEX LUVAHA AFANDA V RAMCO HARDWARE LIMITED [2013] KEELRC 423 (KLR)

✦ The Court held that the dismissal was wrongful and unfair.

RODGERS OBANDA V WESTERN SEED COMPANY LTD [2013] KEELRC 520 (KLR)

✦ Suspension was unlawful and converted into a termination. Claimant awarded 3 months salary, 1 month gratuity, 12 months compensation, and leave prorated.

ROSEBELL WAMBUI MUTHEE V FREIGHT IN TIME LTD [2013] KEELRC 498 (KLR)

✦ The Court finds the termination of the Claimant's contract unfair and orders compensation of Kshs.956,896.

JANE I KHALECHI v OXFORD UNIVERSITY PRESS E.A. LTD [2013] KEELRC 578 (KLR)

✦ The Court found the termination to be procedurally unfair and substantively unfair, and awarded compensation for unfair termination.

Mutua v Awanad Enterprises Limited (Cause 100 of 2012) [2013] KEELRC 515 (KLR) (8 February 2013)