Kenyan case law
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Oyuga & 46 others v Kenya Airways Company Limited (Employment and Labour Relations Cause 2390 of 2017) [2023] KEELRC 2913 (KLR) (16 November 2023) (Judgment)
✦ The court held that the suit was not a representative action and that the claimants were not given a fair opportunity to respond to the defense.
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University of Nairobi v Kenya Union of Domestic Hotels Educational Institutions & Hospital Workers & another; Iminti & 72 others (Interested Parties) (Cause E722 of 2022) [2023] KEELRC 2926 (KLR) (16 November 2023) (Judgment)
✦ The provision for gratuity in the CBA for 2013-2017 shall not apply retrospectively.
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Mwalukumbi v Mombasa County Public Service Board & another (Cause E078 of 2021) [2023] KEELRC 2938 (KLR) (16 November 2023) (Ruling)
✦ The Court of Appeal strikes the suit out of court as the Employment and Labour Relations Court lacks jurisdiction.
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Transport Workers Union v Green Hills Investment Limited (Cause 58 of 2016) [2023] KEELRC 2907 (KLR) (16 November 2023) (Ruling)
✦ The Respondent's Notice of Motion is not an application for review but an invitation to the Court to have a second look at a case on which it has already rendered itself.
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Mukoko & another v Mwenda (Cause 1619 of 2018) [2023] KEELRC 2900 (KLR) (15 November 2023) (Judgment)
✦ The suit is dismissed with costs as the Claimants failed to establish a firm basis for their claim of partial payment and the discharge voucher was a binding instrument.
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Kimani v Copy Cat Limited (Employment and Labour Relations Cause 1386 of 2018) [2023] KEELRC 2982 (KLR) (15 November 2023) (Judgment)
✦ The termination was unfair and unlawful.
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Kenya Medical Practitioners, Pharmacists and Dentists Union v County Government of Nyamira (Petition 35 of 2020) [2023] KEELRC 2876 (KLR) (15 November 2023) (Ruling)
✦ The Court finds the Motion a gross abuse of the court process and dismisses it.
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Opondo v Teachers Service Commission & another (Cause 240 of 2014) [2023] KEELRC 2878 (KLR) (15 November 2023) (Ruling)
✦ The 2nd Respondent's application is dismissed with costs.
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Nyarigu v Multichoice Kenya Limited (Cause 1552 of 2018) [2023] KEELRC 2898 (KLR) (15 November 2023) (Judgment)
✦ The termination was found to be unfair and unlawful.
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Otieno v Abyssinia Iron and Steel (Cause 272 of 2018) [2023] KEELRC 2879 (KLR) (15 November 2023) (Judgment)
✦ The Court finds that the Claimant was an employee of the Respondent and dismisses the claim with costs.
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Kiptanui v Wevarsity Sacco Society Ltd (Cause 111 of 2019) [2023] KEELRC 2877 (KLR) (15 November 2023) (Ruling)
✦ The Motion is allowed, and the Respondent is ordered to have costs of the Motion.
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Banking, Insurance and Finance Union (Kenya) v Access Bank (Kenya) PLC (Employment and Labour Relations Cause E763 of 2021) [2023] KEELRC 2981 (KLR) (15 November 2023) (Judgment)
✦ The court found that the claimants were not entitled to the other two instalments of their salary increment as their contracts had already expired.
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Kithuka v Machakos County Assembly & another (Employment and Labour Relations Cause E861 of 2017) [2023] KEELRC 2988 (KLR) (15 November 2023) (Judgment)
✦ The court finds that the claimant was employed by the respondent and that his termination was cruel, unprocedural, and wrongful. The court orders the respondent to compensate the claimant.
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Kenya Union of Commercial, Food and Allied Workers v National Museums of Kenya (Cause 1156 of 2016) [2023] KEELRC 2891 (KLR) (15 November 2023) (Ruling)
✦ The court found termination of employment to be unfair due to procedural propriety issues and awarded monetary compensation for the unpaid salary and notice pay.
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Trustees of Premier Academy Charitable Trust t/a Premier Academy v Ocholah (Cause E179 of 2022) [2023] KEELRC 2892 (KLR) (15 November 2023) (Judgment)
✦ The court finds that the respondent was an employee of the claimant and is entitled to pay the sum of Kshs.220,000.00.
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Kasina & another v Kenya Hospital Association t/a The Nairobi Hospital & another (Cause 2140 of 2014) [2023] KEELRC 2899 (KLR) (15 November 2023) (Judgment)
✦ The Court declares the termination of the Claimant's employment unfair and unlawful and awards him Kshs. 6,882,792/- as compensation.
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Odongo v Radar Security Limited (Employment and Labour Relations Petition E033 of 2020) [2023] KEELRC 2909 (KLR) (14 November 2023) (Judgment)
✦ The court found no infringement of constitutional rights and dismissed the petition as employment claim. The termination was not found unfair.
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Mbuvi v Real Management Services (2002) Limited (Cause 724 of 2018) [2023] KEELRC 2897 (KLR) (14 November 2023) (Judgment)
✦ The Court finds the dismissal to be unfair and wrongful, and orders the Respondent to pay the Claimant Kshs. 26,100/- in unpaid house allowance, costs of the suit, and interest on the unpaid house allowance at court rates.
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Munyori v Bank of Africa Limited (Cause 1447 of 2018) [2023] KEELRC 2889 (KLR) (14 November 2023) (Judgment)
✦ The termination was found to be unfair due to the mistake in interpreting the Swift message and the lack of procedural fairness.
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Ajienga v Nairobi Bottlers Limited (Cause E412 of 2023) [2023] KEELRC 2931 (KLR) (14 November 2023) (Ruling)
✦ The claim is time barred and dismissed.
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Mainga v Kenya Broadcasting Corporation (Cause 1281 of 2015) [2023] KEELRC 2893 (KLR) (14 November 2023) (Judgment)
✦ The court finds the dismissal unfair and orders reinstatement, payment of unpaid salary, compensation, and costs.
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Barasa v Mini Bakers Limited (Cause 1444 of 2016) [2023] KEELRC 2895 (KLR) (14 November 2023) (Judgment)
✦ Claimant is entitled to service pay, one month's salary as compensation, and three months' salary as compensation for unfair termination.
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Wamwangi v Robert Bosch East Africa (Cause E689 of 2020) [2023] KEELRC 2916 (KLR) (10 November 2023) (Judgment)
✦ The termination was unlawful and unfair as the Respondent did not follow due procedure and the reason for termination was not valid.
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Mbithi v Simba Hospitality Services Ltd (Cause 403 of 2019) [2023] KEELRC 2856 (KLR) (10 November 2023) (Judgment)
✦ The Court finds the termination fair and procedurally correct, and dismisses the claimant's suit with costs.
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Chepng’otie v Kenya Kazi Security Services (Employment and Labour Relations Cause 36 of 2017) [2023] KEELRC 2868 (KLR) (10 November 2023) (Judgment)
✦ The Claimant voluntarily resigned from employment and is not entitled to the remedies sought.