Kenyan case law

Purity Mbogo Nyamu v Regional Aids Training Network [2014] KEELRC 441 (KLR)

✦ The Court found that the Claimant was not charged with any offence nor was she given a notice to show cause upon suspension. She was kept on suspension without pay indefinitely. The Court finds that the Claimant indeed resigned from employment on 19th January 2005.

Redlands Roses Limited v Kenya Plantation and Agricultural Workers Union [2014] KEELRC 1147 (KLR)

✦ The court sets aside the orders issued under IC 140 of 2014 and restrains the respondent from causing, effecting, or calling for any industrial action by peaceful demonstrations or strike by the claimant's employees regarding the suspension of Christopher Makhoha.

Charles Maina Munyua v Victory Construction Limited [2014] KEELRC 443 (KLR)

✦ The application to release the sum of Kshs.753,560/= deposited on 25th March, 2014 to the Claimant is granted.

Fredrick Saundu Amolo Suing Through The Executive Secretary KUPPET Kajiado County Branch v The Principal Namanga Mixed Day Secondary School & 2 others (Employment and Labour Relations Cause 747 of 2014) [2014] KEELRC 755 (KLR) (4 June 2014) (Ruling)

Moses Ojanji Khasaya v Wasso Security Services Limited [2014] KEELRC 1158 (KLR)

✦ The respondent was properly served and opted not to appear, hence the judgment is set aside

Charles Maina Gitonga v Karen Hospital [2014] KEELRC 1109 (KLR)

✦ The Court found the dismissal to be irregular and unfair and ordered the Respondent to pay the Claimant's terminal benefits and damages.

Mahasin Elbashir Abdalla v Libya Oil Kenya Limited [2014] KEELRC 1069 (KLR)

✦ The application was refused

Robert Aduda Oyuko v Real Insurance Company Ltd [2014] KEELRC 444 (KLR)

✦ The Court finds the dismissal valid and dismisses the rest of the claims.

Joseph Lichoti v Kenya Crocodile Farm Ltd & another [2014] KEELRC 1074 (KLR)

✦ The motion for execution of the judgment is dismissed.

Collins Otieno Owino v Rift Valley Agencies Limited [2014] KEELRC 1025 (KLR)

✦ The application for review is allowed, and the suit is reinstated for hearing.

Paolo Rossi v Patrick A Asoha & another [2014] KEELRC 1100 (KLR)

✦ The motion to reinstate the suit is dismissed with no order as to costs.

Dr. Kennedy Amuhaya Manyonyi v African Medical and Research Foundation [2014] KEELRC 1187 (KLR)

✦ The court dismissed the Respondent's application to refer the case to arbitration and upheld the Claimant's opposition.

Kenya Plantation and Agricultural Workers Union v Migotiyo Plantations Limited [2014] KEELRC 1021 (KLR)

✦ The court finds that the primary reason for redundancy is the pending court case and declining sisal production is a mere afterthought.

M W M v M F S (Cause 268 of 2013) [2014] KEELRC 457 (KLR) (30 May 2014) (Judgment)

Banking, Insurance & Finance Union (Kenya) v Elimu Co-operative Savings & Credit Society Ltd [2014] KEELRC 346 (KLR)

✦ The promotions of the unionisable employees to managerial cadres are declared unlawful, unfair, and void.

Nick Githinji Ndichu v Clerk, Kiambu County Assembly & another [2014] KEELRC 437 (KLR)

✦ The Application for leave to file a cross-petition is refused with costs to the Petitioner.

Kenya Union of Post Primary Teachers (KUPPET) v Kenya Nation Union of Teachers (KNUT) & 2 others [2014] KEELRC 438 (KLR)

✦ The application is dismissed with costs as no case has been made out to warrant the review of the ruling.

Kenya Building, Construction, Timber, Furniture & Allied Industries Employees Union v Galaxy Timber Company Ltd [2014] KEELRC 422 (KLR)

✦ The Court finds and holds that the rates of wages and terms and conditions of employment set out in the 2013 agreement shall be applicable to the Union's members employed by the Respondent and that the same become effective from 1 July 2013 until 30 June 2015.

Joseph K. Muli & 9 others v Deutsche Gesellschaft Fur Technische Zusammenardeit GMBH, GTZ – International Services (GTZ - IS [2014] KEELRC 1272 (KLR)

✦ The applicants are joined as parties to the claim as 1st and 7th Plaintiff's in place of deceased Joseph K. Muli and Charles Kihoro Kahiga respectively.

Grace Wairimu Watene v Kenya Power and Lighting Company Ltd [2014] KEELRC 1018 (KLR)

✦ The Court found the termination of the Claimant's employment to be unfair due to lack of valid reason and fair procedure.

Mariko Oluoko Kanga v Kenya Railways Corporation [2014] KEELRC 1017 (KLR)

✦ The suspension of the Claimant without pay was unlawful and the backdating of his retrenchment was improper.

Morris Makoba Okusa & 2 others v Furmart Furnishers Limited [2014] KEELRC 1016 (KLR)

✦ The Court finds the Claimants' claim defective for misjoinder of parties and proceeds to strike it out.

Patrick Kiilu Munyau v Thika Nursing Home & another [2014] KEELRC 1019 (KLR)

✦ The 2nd Respondent's application to strike out the Claimant's claim as against him is successful. The claim against the 1st Respondent shall proceed in the normal manner.

Samuel Nyamasi v Vegpro Kenya Ltd [2014] KEELRC 1159 (KLR)

✦ The dismissal was procedurally unfair and the claimant is awarded notice pay and compensation.

Ondiba v Egerton University (Cause 1099 of 2012) [2014] KEELRC 1161 (KLR) (27 May 2014) (Judgment)

✦ The court will determine the employment status, validity, fairness, and justification of the termination.