Kenyan case law
-
Patrick Lumumba Kimuyu v Prime Fuels [Kenya] Ltd [2017] KEELRC 752 (KLR)
✦ The claimant's suit is dismissed. The respondent's counterclaim for one month salary in lieu of notice is allowed, but the amount is to be settled from the undisclosed final dues of the claimant.
-
Jacob Kelly Omondi Onyango v National Bank of Kenya [2017] KEELRC 888 (KLR)
✦ The Claimant's applications are dismissed as he has failed to adhere to the order granted by the court.
-
Lutatwa Njonjo v Eldoret Mattress Limited & another [2017] KEELRC 878 (KLR)
✦ The Memorandum of Claim is dismissed with costs to the Respondents
-
James Nyaega & 2 others (suing on their own behalf and on behalf of the Employees of Auto Spring Manufacturers Limited) v Auto Spring Manufacters Limited [2017] KEELRC 798 (KLR)
✦ The court finds the claimants were entitled to house allowance, annual leave, notice pay, and 26 days leave in lieu of leave. Severance pay was not awarded as the claimants were not declared redundant.
-
Joseph Daniel Gitahi Maina v County Assembly of Nyeri Service Board & another [2017] KEELRC 890 (KLR)
✦ Recruitment and selection process is stayed pending the hearing and determination of the petition.
-
Thomas Kimutai Biwott v Kenya Power & Lighting Co. Ltd [2017] KEELRC 1965 (KLR)
✦ Dismissal was unfair due to procedural and substantive unfairness
-
Miriam Nkatha Riungu v Meru County Investment And Development Corporation [2017] KEELRC 868 (KLR)
✦ The court allows the claimant's application for a conservatory order temporarily restraining the respondent from commencing or continuing any disciplinary hearing against the claimant pending the appeal.
-
Derrick Hamisi Tabwa v Little Lambs Company Ltd [2017] KEELRC 1966 (KLR)
✦ The Court finds and holds that the termination of the Claimant’s employment was unfair and awards him compensation and underpayments.
-
Kennedy Nyamwaya Bundi v Insta Products (EPZ) Limited [2017] KEELRC 869 (KLR)
✦ The Respondent's application is declined.
-
John Busula Libasia v J.C.B Ventures Ltd [2017] KEELRC 876 (KLR)
✦ Termination was unfair and the Respondent is ordered to pay the Claimant terminal benefits and compensation totaling Kshs. 158,000.
-
Anseti Meremo v Tandu Alarm Systems Limited [2017] KEELRC 742 (KLR)
✦ The termination was unfair as the employer failed to prove a valid and fair reason and follow a fair procedure.
-
Kenya Union of Commercial Food and Allied Workers v Olekejuado Water & Sewerage Co Ltd & another [2017] KEELRC 882 (KLR)
✦ The Court finds that there is no employment relationship between the 2nd Respondent and the Claimant's members, and therefore the 2nd Respondent is improperly joined in the proceedings and is struck out.
-
Dickson Matheka Musyoki v Volcan Holdings Ltd [2017] KEELRC 770 (KLR)
✦ The termination was procedurally unfair but substantively fair.
-
Jackson Makau Kaswi v R.D. Patel & another [2017] KEELRC 768 (KLR)
✦ The court finds the termination unfair and awards compensation and leave for the claimant.
-
Joseph Maina Gichuhi v Barclays Bank of Kenya Ltd [2017] KEELRC 802 (KLR)
✦ The application is dismissed with costs as it lacks merit and there has been inordinate delay in prosecuting the application which is prejudicial to the claimant.
-
Jacob Kamenchu Mworia v Public Service Board of Meru County & another [2017] KEELRC 892 (KLR)
✦ The court awards the claimant Kshs. 479,322.00 for salary arrears and interest, and orders the 2nd respondent to pay costs of the suit.
-
Patrick Kirimi v Meru Central Dairy Co-operative Union Limited [2017] KEELRC 894 (KLR)
✦ The claimant is entitled to reinstatement as a store clerk effective January 1, 2016, with continuous service from initial appointment on April 28, 2009, and with full benefits. The respondent is ordered to pay the claimant Kshs.323,626.00 by October 1, 2017.
-
Christine Kaari Nathan v Presbyterian Foundation t/a Milele Beach Complex [2017] KEELRC 748 (KLR)
✦ The claimant's contract was unfairly terminated.
-
Doris Kairuthi Kaaria & 59 others v Kenya Methodist University [2017] KEELRC 1941 (KLR)
✦ The court declares the redundancy termination unfair, irregular, and unprocedural, and orders the respondent to pay 6 months' gross salaries and redundancy dues to each claimant, and to continue their employment.
-
David Mbugua Ngugi v Registeed Trustees of the Presbyterian Church of East Africa [2017] KEELRC 379 (KLR)
✦ The court dismisses the respondent's application for review, finding that the notice pay of Kshs.198, 861.00 has not been paid and thus the court's orders are not subject to review.
-
Republic v Parliamentary Service Commission (PSC) & another Ex-Parte Samuel Otieno Obudo & 6 others [2017] KEELRC 858 (KLR)
✦ The orders were made by an administrative body who had powers to do so but who nevertheless made the orders in excess of authority.
-
Julius Anyanga v Member of Parliament for Rangwe Constitutency & Parliamentary Service Commission (Cause 145 of 2014) [2017] KEELRC 572 (KLR) (27 July 2017) (Ruling)
✦ The Parliamentary Service Commission is not the employer of the Claimant and there is no privity of contract between them.
-
Peter Lubale Lubullellah v Kenya National Union of Teachers [2017] KEELRC 87 (KLR)
✦ The petition is dismissed in its entirety as the petitioner's claims are not timely filed and there is no evidence of a promise to pay gratuity.
-
Anthony Ashitakaya Akungwi v Inspector General of Police & 2 others [2017] KEELRC 862 (KLR)
✦ Application dismissed with costs
-
Agnes Kavata Mbiti v Housing Finance Company Limited [2017] KEELRC 287 (KLR)
✦ The claimant's summary dismissal was unprocedural and she is awarded compensation of Kshs.157,432.00.