Kenyan case law

Joseph Ogembo Mose v Lochab Bros Company Ltd (Cause 61 of 2016) [2019] KEELRC 537 (KLR) (23 September 2019) (Ruling)

✦ Application is allowed, judgment and subsequent orders are set aside

Kenya Union of Special Needs Education Teachers v Teachers Service Commission [2019] KEELRC 740 (KLR)

✦ The Court does not issue interim orders and directs the Parties to proceed with the main claim.

Jonah Mwaura Ngugi v Safaricom PLC [2019] KEELRC 615 (KLR)

✦ The claimant was unlawfully and unfairly terminated.

Daniel Mokua v Eveready Security Guards Company Limited [2019] KEELRC 543 (KLR)

✦ The court finds the dismissal unlawful and unfair, and awards the Claimant 1 month's salary in lieu of notice, 10 months' salary as compensation for unlawful termination, and 126,893/= in total.

Aloise Abungu Mago & 3 others v Jaswant Singh & Brothers [2019] KEELRC 876 (KLR)

✦ The judgment is set aside ex debito justitiae, and a de novo hearing will be held within 30 days with a conditional stay of execution.

Naomi Achieng Aluoch v Frigoken Limited [2019] KEELRC 867 (KLR)

✦ The application is granted. The entire claim is struck out and dismissed.

Micah Cheruiyot v Cooperative Bank of Kenya Limited [2019] KEELRC 565 (KLR)

✦ The retirement was unlawful and unfair, and the Respondent failed to follow due process.

Christopher Njaramba v Sen-Tech Limited [2019] KEELRC 746 (KLR)

Charles Orina Ondieki v Maridadi Flowers Limited [2019] KEELRC 893 (KLR)

✦ The court finds that the claimant has demonstrated that he never slept on his right to prosecute his suit and that the court should not be prejudiced by reinstating the suit.

Caroline Wambui Njue v Rift Valley Railways (K) Limited [2019] KEELRC 803 (KLR)

✦ The court finds the claimant's service was unfairly terminated and awards her ten months' salary as compensation.

Joseph Mumali Barasa v Otieno Odongo & Partners Consulting Engineering Limited [2019] KEELRC 882 (KLR)

✦ Constructive dismissal found, salary arrears and gratuity arrears awarded.

David Waithaka v World Vision International [2019] KEELRC 892 (KLR)

✦ The Court found that the Respondent's conduct did not amount to constructive dismissal.

Elizabeth Njeri Kinyua v Joel Mugo & another [2019] KEELRC 781 (KLR)

✦ The Court finds the termination unlawful and orders the 1st respondent to pay the Claimant one month's salary in lieu of notice, six months salary as compensation for unfair dismissal, and costs of the suit.

James Murage Nguru v Board of Management, Highway Secondary School [2019] KEELRC 894 (KLR)

✦ The application filed by the Claimant to set aside the dismissal order and reinstate the cause for hearing is struck out with costs to the Respondent.

Mwangi S. Kaimenyi v Attorney General & another [2019] KEELRC 900 (KLR)

✦ The application filed on 8 April 2019 by the Claimant is dismissed with costs to the Respondents

Reuben Ngila Kitonyi v Central Bank of Kenya [2019] KEELRC 871 (KLR)

✦ The court allows the application for review and sets aside the impugned order, but the petitioner is ordered to pay throw away costs.

Mutegi Matembo Jacob v Kenya Commercial Bank Ltd [2019] KEELRC 863 (KLR)

✦ The court finds the claim without merit and dismisses it with costs.

Beatrice Kemunto Kamanda v Board of Trustees Agricultural Society of Kenya [2019] KEELRC 897 (KLR)

✦ Summary dismissal was not in accord with justice and equity, converted to normal termination

Charles Musyoki Tekisi v Attorney General & 2 others [2019] KEELRC 852 (KLR)

✦ The termination was unfair and the claimant is awarded ten months' salary as compensation.

Aggrey Outa Ong’ang’o v Nairobi County Government [2019] KEELRC 896 (KLR)

✦ The suit is not time barred as the cause of action arose on both the date of dismissal and the date of dismissal of the appeal.

Kenya Union Of Commercial, Food and Allied Workers v Kenya Credit Traders Limited [2019] KEELRC 880 (KLR)

✦ The court finds the suit premature and strikes it out with costs.

Manuel Anidos v Kinangop Wind Park Limited (In Receivership) [2019] KEELRC 891 (KLR)

✦ The termination was not unfair as the contract provided for a 3-month notice period and the claimant was given the opportunity to respond to the notice.

Michael Murji Mathenge & 28 others v Attorney General & 2 others [2019] KEELRC 895 (KLR)

✦ The court finds the application res judicata and dismisses it with costs.

Alex Musembi Mulili v Pathcare Kenya Limited [2019] KEELRC 887 (KLR)

✦ The termination was unfair as the Respondent did not discharge her burden of proving the reason for the termination of the claimant's services, and a fair procedure was not followed.

Kenya National Union of Nurses v Salaries and Remuneration Commission & 7 others [2019] KEELRC 830 (KLR)

✦ The Court dismissed the claim as premature and ordered it to be dismissed with no order as to costs.