Kenyan case law

Nyandiko v Kenya Commercial Bank Limited (Cause 165 of 2011) [2013] KEELRC 979 (KLR) (8 February 2013) (Judgment)

MERCY W. KINYUA V WESTLIFE CONSTRUCTION COMPANY LTD [2013] KEELRC 464 (KLR)

✦ The termination was lawful, but the Claimant was awarded one month's pay in lieu of notice and prorata pay for the period between April 1 and April 20, 2011.

SETH PANYAKO & 5 others v ATTORNEY GENERAL & another [2013] KEELRC 506 (KLR)

✦ The court consolidated the cases and directed nurses to return to work while the court deals with their fundamental rights. The court granted leave for various parties to file responses and for petitioners to file re-joinders.

PITUS OMERI V BOB MORGAN SERVICES LIMITED [2013] KEELRC 517 (KLR)

✦ The termination of employment was unfair due to lack of procedural fairness

COLLINS N. ONEKO V G4S SECURITY SERVICES (K) LIMITED [2013] KEELRC 432 (KLR)

✦ The consultancy agreement between the Claimant and the Respondent does not constitute an employment relationship.

NEBATI LUGAYE ADAMBER V NJOMBE & SONS ESTATE AGENTS LTD & ANOTHER [2013] KEELRC 471 (KLR)

✦ The Court found that the termination was unfair and ordered the Respondents to pay the Claimant notice, annual leave, traveling allowance, and overtime.

KENYA UNION OF JOURNALISTS AND ALLIED WORKERS V BRITISH BROADCASTING CORPORATION [2013] KEELRC 337 (KLR)

✦ The Court found the dismissal of the employees to be unfair and ordered reinstatement or alternative payment of salary, pay in lieu of notice, and compensation.

BENSON MUGO MURAGURI V EAST AFRICA PACKAGING INDUSTRIES LIMITED [2013] KEELRC 458 (KLR)

✦ The Court dismissed the preliminary objection and allowed the claim.

PARMENAS KATHURI NGARI V AGS WORLD WIDE MOVERS (K) LTD [2013] KEELRC 455 (KLR)

✦ The application for review dated 29th August, 2011 is incompetent for the reason that it was filed by an unqualified person. The application is hereby struck out with costs to the applicant.

Osodo v Teachers Service Commission (Cause 1587 of 2010) [2013] KEELRC 518 (KLR) (30 January 2013)

✦ The Respondent was within its right to interdict and institute disciplinary proceedings against the Claimant, and she was given adequate opportunity to prepare her defense and attend the proceedings.

KUDHEIHA WORKERS V EREGI TEACHERS COLLEGE [2013] KEELRC 521 (KLR)

✦ The Respondents must negotiate with the Claimants without any further delay, and negotiations must commence and be completed within three months from the date of this ruling. The Respondents are condemned to pay costs of this case.

JACKSON KAINDI MUSAU V CHAIRMAN OF BOG OF KITHEINI SEC SCH & 2 OTHERS [2013] KEELRC 511 (KLR)

✦ The Court finds that the Respondents had a justifiable ground for terminating the employment but failed to follow the correct procedure. The summary dismissal is converted into a normal termination, and the Claimant is awarded 1 month's salary in lieu of notice and service pay.

KENYA PETROLEUM OIL WORKERS UNION V NATIONAL OIL CORPORATION OF KENYA [2013] KEELRC 339 (KLR)

✦ The application is dismissed with no order as to costs.

BERNARD MUTUGI DANIEL v LENANA MOUNT HOTEL LIMITED [2013] KEELRC 528 (KLR)

✦ The Court finds the Claimant's salary as Kshs. 17,000 as at the time of termination. The dismissal was not justifiable as the Claimant's explanation was considered adequate and the dismissal was not in accordance with fair procedure.

JOSEPH OLUOCH OMOLE V CATHOLIC UNIVERSITY OF EASTERN AFRICA [2013] KEELRC 519 (KLR)

✦ The termination of the Claimant's employment was unfair, and the Court awards compensation for unfair termination and other claims.

David Kabui v DHL Global Forwarding [K] Limited [2013] KEELRC 5 (KLR)

✦ The Court dismisses the claim and orders the Claimant to meet the costs of the claim.

JOSEPH NGURE GATHUMBI V MWEA DIVISION LAND DISPUTES TRIBUNAL & 2 OTHERS (Judicial Review 5 of 2012) [2013] KEELRC 516 (KLR) (17 January 2013)

✦ The leave granted in so far as it relates to the remedy of certiorari is set aside but the application for the remedy of prohibition is allowed.

Jeremiah Seker Kimani V Africa Infectious Diseases Village Clinics Ltd [2013] KEELRC 486 (KLR)

✦ Dismissal was lawful and fair, and claim for severance pay is dismissed.

SAMUEL SEVERIN MWALA V PZ CUSSONS EAST AFRICA LIMITED [2013] KEELRC 512 (KLR)

✦ Award quashed and matter be heard de novo

PATRICK ONGUSO NASIBI V NATIONAL WATER CONSERVATION AND PIPELINE CORPORATION [2013] KEELRC 467 (KLR)

✦ The Court held that the Claimant's dismissal was unlawful and ordered the Respondent to pay the Claimant the following: six months salary in lieu of notice, unpaid salary for the duration worked, accrued unpaid leave, maximum compensation for unlawful termination, and costs of the claim.

Albert Owino Otieno v Director, Flamingo Hill Camp, Ltd [2013] KEELRC 99 (KLR)

✦ termination was unfair

Samson Ndombi Keya v Mumtaz S. Hirani [2013] KEELRC 93 (KLR)

✦ Claimant is awarded Kshs. 30,000 for overtime, Kshs. 18,432 for house allowance, and Kshs. 7,500 for service pay. The balance of the claim is dismissed.

Nicholas Otieno v Patco Industries Limited [2013] KEELRC 98 (KLR)

✦ The Court has the power to review decisions of the former Industrial Court as well as those of the current Court, and the Respondent/Applicant has grounds for review.

Mary W. Ndirangu v Board Of Trustee National Social Security Fund [2013] KEELRC 94 (KLR)

✦ The court lifts the termination and places the claimant on suspension on half pay until the termination of the proceedings in the Criminal Case or the attainment of 60 years by the claimant, whichever comes earlier. If the trial court finds the claimant not guilty, she is entitled to her full pay and reinstatement.

Edwine Otieno Okello v Nakumatt Holdings Ltd [2013] KEELRC 861 (KLR)

✦ Claimant's dismissal was justified and not unfair.