Kenyan case law
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Jaffar Mohamed v Ready Consultancy Co. Ltd [2015] KEELRC 763 (KLR)
✦ Court finds dismissal unlawful due to lack of evidence of theft and procedural fairness issues.
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Abubakar Aslam Shikolio v Savannah Cement (EPZ) Limited [2015] KEELRC 767 (KLR)
✦ The termination of the Claimant's employment was found to be unlawful and unfair.
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Quinto Okiru Omuke v Security Seven Limited [2015] KEELRC 768 (KLR)
✦ Employment was terminated due to redundancy, not due to the Claimant's own volition. The Claimant is entitled to severance pay and other agreed benefits.
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Esther Mwenge v Arfa Arfa Limited [2015] KEELRC 737 (KLR)
✦ The court finds the dismissal unfair and wrongful, and awards damages for unlawful termination, pay in lieu of notice, and damages for leave.
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Joshua Nzuki v Steel Makers Limited [2015] KEELRC 720 (KLR)
✦ Termination was unfair as the Respondent failed to prove the reason for termination under Section 43 of the Employment Act 2007.
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Jackson K Berege v Masaai Mara University [2015] KEELRC 770 (KLR)
✦ The Court finds and holds that the notice of retirement dated 3 June 2014 varying the Claimant’s contract of employment is unlawful and unfair.
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Ruth Njeri Mbugua v Nairobi Consumers Co-operative Union Ltd 3 others [2015] KEELRC 587 (KLR)
✦ The Court declares null and void the admission of liability for the embezzled funds made under threat of prosecution and declares any securities or arrangements made for liquidation thereof unprocedural and a violation of the applicant's constitutional right to fair administrative process and hearing.
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Kenya Union of Commercial Food and Allied Workers v Naivas Limited [2015] KEELRC 749 (KLR)
✦ The court finds that the union has not recruited sufficient members to satisfy the requirements under section 54(1) of the Labour Relations Act 2007 of attaining 50+1 members out of a total unionisable workforce of 3,287. The application for recognition is not successful.
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Joseph Musyoka Kikuvi v Impala Glass Limited [2015] KEELRC 694 (KLR)
✦ The Court dismissed the Claimant's claim for wrongful termination and non-payment of terminal benefits.
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Kenya Plantation & Agricultural Workers Union v Harvest Limited [2015] KEELRC 651 (KLR)
✦ The Court held that the termination was wrongful and ordered the Respondent to pay one year compensation and gratuity to the grievants.
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Elkana Sweta Makokha v Bob Morgan Services Limited [2015] KEELRC 1619 (KLR)
✦ The application is allowed, and the applicable monthly salary computation is Kshs.693,000.00. Notice pay, compensation, and terminal dues are adjusted accordingly.
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Josephine Wanjiru Muiru v Novartis Phama Services Inc & 2 others [2015] KEELRC 652 (KLR)
✦ The Court finds no sufficient grounds to review, set aside or interfere with the orders made on 17th November 2014. The motion is declined.
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Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (KUDHEIHA) v Aga Khan University Hospital Nairobi [2015] KEELRC 642 (KLR)
✦ The court found that the Respondent has violated the court order and has commenced consultative meetings that were stopped by the court ruling.
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Duncan Odera Ogutu & 5 others v Noah Rotich & 4 others [2015] KEELRC 659 (KLR)
✦ The court sets aside the consent judgment, reinstates previous orders, and declares the current constitution nullity. It orders the constitution of a caretaker committee, deregisters the union, and declares the respondents guilty of various offenses.
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Robert Chaka Ndupha v M/S Vegpro (K) Limited [2015] KEELRC 736 (KLR)
✦ The court finds the dismissal unfair and orders 1 month salary in lieu of notice, service gratuity for 3 years, and 12 months salary as compensation for unfair termination.
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Joseph Mirumbi Ooko v Steel Structures Limited [2015] KEELRC 639 (KLR)
✦ The motion to strike out the claim and condemn the Claimant to pay costs is dismissed.
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Michael Muchui v Shemay Limited [2015] KEELRC 741 (KLR)
✦ The Claimant cannot claim unfair termination as he worked for only 3 months before termination. The Claimant is entitled to 1 month salary in lieu of notice and 10 days salary for the month of August.
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Nicholas Shisungu Ehiri v Al Madina Investments Limited [2015] KEELRC 747 (KLR)
✦ The court dismissed the claim as the Claimant failed to establish his case to the standard expected.
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Roselyn Sisiali Wekesa v Konrad Adenauer Foundation & 5 others [2015] KEELRC 609 (KLR)
✦ The application is dismissed. The Claimant’s Memorandum of Claim dated 1st December 2014 is not struck out with costs, and the interested party is not struck out from these proceedings.
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Kenya Petroleum Oil Workers’ Union v Petro Oil (K) Limited [2015] KEELRC 660 (KLR)
✦ The Court approves the settlement terms and awards the settlement amount.
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Joyce Wachuka Njura v Kiritiri, Embu-Thika-Nairobi (Ketna) Nissan Matatu Operators [2015] KEELRC 784 (KLR)
✦ The claimant was employed by the respondent to the position of a clerk from 1.08.2008 to 13.01,2011. The termination was unfair. The claimant is entitled to Kshs.43, 003.00 and costs of the suit.
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Christopher Mwangi Ndirangu v Stewan General Trading Company Limited [2015] KEELRC 577 (KLR)
✦ The Court awards the claimant one month's salary for the period on leave, 16 days of unutilized leave, and costs of the suit.
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Andrew Nderitu Ndungu v Tusker Mattresses Limited [2015] KEELRC 791 (KLR)
✦ The court awards the claimant Kshs. 3, 299, 260.90 for gratuity, one month pay in lieu of notice, 99 rest days pay, and 126 public holidays pay. The claimant is not entitled to leave pay and holiday pay for the 2 days worked.
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James Mutembei v Landmark Holdings Limited [2015] KEELRC 566 (KLR)
✦ Claimant is entitled to compensation for underpayment, leave, service pay, and unfair termination.
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Moses Hinzano v Mombasa Slaughter House [2015] KEELRC 774 (KLR)
✦ Claimant proved on a balance of probability that his summary dismissal was wrongful and unlawful