Kenyan case law
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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.
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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.
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Joseph Wabukho Imbayi & another v Fridah Lwile Onyango [2017] KEELRC 864 (KLR)
✦ The court finds that Imbayi left employment on his own in December 2014 due to non-payment of his salary for 4 months. Shiundu was declared redundant after the vehicle accident.
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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.
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Anne Wairimu Kimani v Kenya Agricultural Livestock Research Organisation (KALRO) [2017] KEELRC 470 (KLR)
✦ Disciplinary process is illegal and unfair due to health condition
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Michael Matheka Kimatu v Malin Tures Limited [2017] KEELRC 911 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay the Claimant compensation equivalent to 81.5 months' salary, annual leave pay, and notice pay.
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Chiuri Kirui & Rugo Advocates v Tusker Mattresses Limited [2017] KEELRC 941 (KLR)
✦ The reference succeeds only in relation to the sum of Kshs. 100,000 debited by the Taxing Master, and the taxed costs will be enhanced by this sum.
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Alphine Anyango Aloo v Clinix Health Care Limited [2017] KEELRC 945 (KLR)
✦ The termination was substantively and procedurally unfair, and the Court awards six months' salary in compensation and one month's salary in lieu of notice.
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John Chege Wachira v Private Safaris (E.A) Limited [2017] KEELRC 920 (KLR)
✦ The Court finds that the Respondent had a valid reason for dismissing the Claimant due to his failure to exercise due care and expose the employer to major fraud.
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Bernard Lidwaga Shivachi v Regal Pharmaceuticals Ltd [2017] KEELRC 909 (KLR)
✦ The application is dismissed with costs.
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Paul Kiprotich Cheruiyo v Kenya Ports Authority [2017] KEELRC 765 (KLR)
✦ The judge finds the motion to recuse unsuccessful and dismisses it with costs
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Kenya Private University Workers Union v Kenya Methodist University [2017] KEELRC 925 (KLR)
✦ The court dismissed the preliminary objection and found that the claimant has the necessary standing to file the suit.
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Chiuri Kirui & Rugo Advocates v Tusker Mattresses Limited [2017] KEELRC 930 (KLR)
✦ The Court finds no reason to disturb the taxation by the Taxing Master and dismisses the reference with no order for costs.
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Kesi Mohamed Salim v Kwale International Sugar Co. Ltd [2017] KEELRC 755 (KLR)
✦ The termination of the claimant's employment was found to be unfair and unlawful due to the lack of prior notice and fair hearing.
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Charity Wambui Muriuki v M/s Total Security Surveillance Limited [2017] KEELRC 898 (KLR)
✦ Claimant's claim dismissed with costs.
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Peter Njoroge Kibe v Teachers Service Commission [2017] KEELRC 934 (KLR)
✦ The termination was unfair and the claimant is entitled to reinstatement and the other remedies as prayed for.
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Polycarp Miyogo Nyakora v Attorney General & 2 others [2017] KEELRC 895 (KLR)
✦ The court found that the petitioner’s discharge from service was lawful and that the petitioner did not have a valid claim for violation of his rights.
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Peter Maina Ngari v Nokras Hotel Limited, Murang’a [2017] KEELRC 924 (KLR)
✦ The court finds in favor of the claimant, awarding him Kshs. 325,000 in terminal benefits and costs of the suit.
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Kanake Joshua Mugo v County Government of Embu, Governor, County f Embu & Embu County Public Service Board (Cause 280 of 2016) [2017] KEELRC 914 (KLR) (21 July 2017) (Judgment)
✦ Claimant is awarded Kshs.1, 930,375.00 for withheld and unpaid salary, Kshs.30, 000.00 for unpaid leave days, and Kshs.1, 379, 497.00 for gratuity. A certificate of service is also awarded. The respondents are ordered to pay costs of the suit.
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Beatrice Mathenge v Public Service Commission & 2 others [2017] KEELRC 908 (KLR)
✦ The Court finds that the Claimant ought to have been placed within the new salary structure for Legal Officers with effect from July 2008 and enters judgment in her favor on account of salary arrears.
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John Kamau Muhungi v Thika Coffee Mills [2017] KEELRC 904 (KLR)
✦ The claimant's employment was terminated, and he is owed the terminal benefits.
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Kenya Quarry & Mine Workers Union v National Cement Company Limited [2017] KEELRC 903 (KLR)
✦ Expired CBA continues to be in force until a new one is concluded. Claimant is entitled to recognition until the respondent applies to the Labour Board to de-recognize the claimant. Claimant must recruit new members if membership falls below simple majority.
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Kenya Union of Commercial Food and Allied Workers v Domestic Cleaning Services Now, Fourteen Agencies & another [2017] KEELRC 933 (KLR)
✦ The court finds the termination unfair and dismisses the claimant's and respondent's claims. The respondent is not entitled to a month's pay in lieu of notice.
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Eliud Kimaile v Cooperative Bank of Kenya Limited [2017] KEELRC 937 (KLR)
✦ The Court orders that the Claimant's loans continue to be serviced at the subsisting interest rates until further orders are made.
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Jared Asuna Abuora v Mabati Rolling Mills Ltd [2017] KEELRC 902 (KLR)
✦ The claimant's dismissal was justified due to his negligence in transferring the oil without notifying his supervisor. The counter-claim for compensation was not substantiated.