Kenyan case law

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.

James Kimani v Nguro Kimani [2015] KEELRC 753 (KLR)

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.

Patrick Asigare Abwova v Avco Agencies Limited [2015] KEELRC 598 (KLR)

✦ The Court dismisses the claimant's suit against Avco Agencies Limited as the proper party to sue for wrongful termination and terminal dues is Mr. Karani, not Avco Agencies Limited.

Peter Adika v National Police Service Commission & another [2015] KEELRC 778 (KLR)

✦ The Court finds the petition to be without merit and proceeds to dismiss it with no order for costs

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.

James Mutembei v Landmark Holdings Limited [2015] KEELRC 566 (KLR)

✦ Claimant is entitled to compensation for underpayment, leave, service pay, and unfair termination.

Christopher Melly Kipkoech v K-Rep Bank Limited [2015] KEELRC 599 (KLR)

✦ The Court found the claimant was wrongfully terminated and awarded him three months' salary in lieu of notice, nine months' salary for unfair termination, and costs of the suit.

Joseph Yasulwe Mukalama v Load Runners Ltd [2015] KEELRC 582 (KLR)

✦ The Court dismisses the claimant's claim with costs, but orders the respondent to pay the claimant Kshs.3,297/= on account of accrued leave for 5 months.

Antony Kioko v Savannah Cement (EPZ) Limited [2015] KEELRC 752 (KLR)

✦ The termination was unlawful and unfair, and the Claimant is entitled to compensation.

Enos Olungo Mang’ong’o v Kenya Commercial Bank [2015] KEELRC 782 (KLR)

✦ The Court found that the Respondent had a valid reason for terminating the Claimant's employment due to his involvement in fraudulent activities.

Elizabeth Nzanga Kisio v Equity Bank Ltd [2015] KEELRC 758 (KLR)

✦ The court found that the Respondent did not provide the Claimant with a letter to show cause why her employment should not be terminated, and did not follow due process before summarily dismissing her.

Kenya National Private Security Workers Union v Agricultural Society of Kenya Eldoret [2015] KEELRC 764 (KLR)

✦ The dismissal was found to be unfair due to the lack of procedural fairness.

David Muriithi Ngondi v Herbert Kariithi & another [2015] KEELRC 576 (KLR)

✦ The dismissal was justified due to the loss of property, but the claimant was not paid his terminal dues and service pay.

Dennis Omuka Makutwa v Spinners and Spinners Ltd [2015] KEELRC 600 (KLR)

✦ The claimant's services were unfairly terminated for want of fair procedure, and the Court awards him 6 months basic pay as compensation.

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

Job Mbaluka v Pegrume Limited [2015] KEELRC 593 (KLR)

✦ The Court upholds the objection and grants the application as prayed

Eunice Akinyi Airo v Avtech Systems Limited [2015] KEELRC 595 (KLR)

✦ The Court finds the termination was unfair and wrongful, and awards compensation for salary arrears, notice, and unfair dismissal.

Elijah Aggrey Atsali v Nairobi City Water and Sewerage Company [2015] KEELRC 578 (KLR)

✦ Claimant's dismissal was justified and procedurally fair

Christopher Kariuki Gikonyo v Cargo Services Centre East Africa BV T/A Swissport Cargo Services Kenya [2015] KEELRC 657 (KLR)

✦ The court finds the dismissal to be unjustified and the disciplinary proceedings to be insufficient.

Pramillah Asena Ayuma v Quest Laboratories Limited [2015] KEELRC 631 (KLR)

✦ The court awards the claimant 4 months' salary at Kshs.50,000 per month.

Andanas Indiazi v Halai Concrete Quarries [2015] KEELRC 669 (KLR)

✦ The Court dismisses the application with no order as to costs.

Daniel Wekesa Nyongesa v Sunflower Dry Cleaners Limited [2015] KEELRC 743 (KLR)

✦ The Court finds the termination unlawful and wrongful, and awards the Claimant 1 month pay in lieu of notice, 15 days salary for each year worked as severance pay, 6 months salary for unlawful termination, and a Certificate of Service.

Peris Nyambura Kimani v Dalbit Petrolium Limited [2015] KEELRC 656 (KLR)

✦ The Petitioner was reinstated and awarded unpaid salary arrears, damages, and interest.

Peter Otieno Ombude v Kenya Plantation & Agricultural Workers [2015] KEELRC 745 (KLR)

✦ The Respondent did not provide valid reasons for suspending the Claimant and due process was not followed.