Kenyan case law
-
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.
-
Henry N. Bogita v Kenya National Trading Corporation Limited [2014] KEELRC 1140 (KLR)
✦ The Court found that the Claimant was not unlawfully dismissed and dismissed the claim.
-
Patrick Waweru Mwangi v Kenya Airways Limited [2014] KEELRC 1066 (KLR)
✦ The Court enjoins the proposed Interested Party from alienating, selling, transferring, or dealing with the Claimant's property until the larger dispute is resolved.
-
Joseph Otieno Nyolo v Rift Valley Railways (K) Limited [2014] KEELRC 1009 (KLR)
✦ The claimant's dismissal was found to be wrongful, unfair, and not a normal termination.
-
Kimongoyo Muia v Steel Structures Limited [2014] KEELRC 425 (KLR)
✦ The Court finds that the Claimant was lawfully terminated and does not owe terminal benefits.
-
Mary Murugi Ndweka v Moses Mang’ere Nguitui [2014] KEELRC 1014 (KLR)
✦ The court finds that the employment relationship continued and was terminated in accordance with the claimant's account. The claimant was unfairly terminated and awarded Kshs.25,500.00 for three months gross salaries. The claimant is awarded Kshs.8,500.00 for one month pay in lieu of the relevant termination notice, Kshs.25,500.00 for 3 years annual leave, and Kshs.20,000.00 for costs of the suit.
-
Abdulahi Guyo v Board Of Governors, Larmudiac High School [2014] KEELRC 1013 (KLR)
✦ The claimant's suit is dismissed with costs.
-
Kenya Union Of Printing Publishing Paper Manufacturers And Allied Worker v Printing Industries Limited [2014] KEELRC 1011 (KLR)
✦ The Court sets aside the ex parte proceedings and directs the matter to proceed de novo.
-
Kenya Petroleum Oil Workers Union v Petro Oil Kenya Limited [2014] KEELRC 1005 (KLR)
✦ The dismissal was procedurally unfair and the Grievant is awarded compensation and costs.
-
David Ondari Mogaka v African Banking Corporation Limited [2014] KEELRC 1006 (KLR)
✦ The claimant's application is dismissed with costs.
-
Mercy Njoki Karingithi v Emrald Hotels Resorts & Lodges Ltd [2014] KEELRC 756 (KLR)
✦ The revocation of the Claimant's appointment was unfair, and the Respondent is ordered to pay her 5 months equivalent gross wages as compensation and wages for the period from 12 August 2012 to 22 August 2012.
-
Kenya Union of Commercial, Food and Allied Workers v Jatomy Enterprises Ltd [2014] KEELRC 1010 (KLR)
✦ The court orders the respondent to commence deductions of union dues from verified unionizable employees and to enter into a recognition agreement within 60 days of attaining a simple majority.
-
Peter Kirimi Nderi v Attorney General [2014] KEELRC 1122 (KLR)
✦ The Petitioner's petition is dismissed.
-
Michael Nthenge v Kenya Aurotech Limited [2014] KEELRC 996 (KLR)
✦ Claimant's claim for wrongful and unfair termination of employment is dismissed with no order.
-
Samuel Kirago v Kuehne Nagel Limited [2014] KEELRC 1271 (KLR)
✦ The application for review is granted
-
Abisalom Ajusa Magomere v Kenya Nut Company Limited [2014] KEELRC 1001 (KLR)
✦ The Court finds that the Respondent failed to establish a valid reason for terminating the Claimant's employment as required by law and that the procedure adopted by the Respondent in terminating the Claimant's employment was not in accordance with the Employment Act, 2007.
-
Bernard Levoywa v Salina Transporters Limited [2014] KEELRC 993 (KLR)
✦ Termination of employment was unfair due to lack of compliance with Employment Act, 2007, and the Court awards 4 months' salary in compensation, 1 month's salary in lieu of notice, and severance pay.
-
Elvis Kipchumba v M.C. Toet Transporters Limited [2014] KEELRC 1002 (KLR)
✦ The claimant's memorandum of claim is dismissed with no orders on costs.
-
JWN v Teachers Service Commission [2014] KEELRC 991 (KLR)
✦ The claimant's termination was unfair and the decision is declared null and void. The claimant is reinstated to the Teachers Register and service without loss of benefits. Seven months salary is awarded for unfair termination.
-
Jeniffer Shitoro Shisyubu v Ganesh P. Pokhariyal [2014] KEELRC 1048 (KLR)
✦ The Claimant was not a casual or temporary employee. The Respondent is not liable for the injury suffered by the Claimant. The Claimant is not entitled to the prayers sought.
-
Kenya Long Distance Truck Drivers & Allied Workers Union v Kyoga Hauliers Limited [2014] KEELRC 985 (KLR)
✦ The motion by the Union succeeds and the directors are committed to civil jail for contempt of court. The motion by the Respondent fails and is dismissed.
-
Elijah Moranga v John Leinsly Irene Onderi [2014] KEELRC 995 (KLR)
✦ The Court transfers the matter to the Resident Magistrate's Court for hearing and determination as the amount being sought falls within its pecuniary jurisdiction.
-
Michael Vincent Carnevale v Balloon Safaris Limited [2014] KEELRC 999 (KLR)
✦ Application dismissed with costs and parties invited to take directions on further steps
-
Francis Ayoo Ojala, Mwangi Patrick Njuguna, Stephen Marongo suing as Trustees of the Aviation and Airports Services Workers Union (Kenya) & 2 others v Bonne Nicholas Barasa & 3 others [2014] KEELRC 6 (KLR)
✦ The mandate to operate the union account is extended to 2016, and the trustees and the respondents are made signatories. Withdrawals must be approved by the finance committee.
-
Kenya Shoe & Leather Workers Union v Slapper Shoe Industries Limited [2014] KEELRC 994 (KLR)
✦ The Grievants' contracts expired by effluxion of time and the Respondent opted not to renew them.