Kenyan case law
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Jacline Kasei Monye v Africa Spirits Limited [2021] KEELRC 823 (KLR)
✦ The Court found that the Respondent breached Section 41 of the Employment Act by failing to notify and hear the Claimant before terminating her employment.
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Nyagol v Judicial Service Commission & another (Petition E005 of 2020) [2021] KEELRC 2423 (KLR) (7 October 2021) (Judgment)
✦ The Court dismissed the petition, finding that the petitioner's petition did not meet the constitutional test, that the disciplinary proceedings did not violate the doctrine of double jeopardy, that the delayed proceedings were justified, and that there was a valid reason for dismissing the petitioner from employment.
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Josephat Moseremani Mekonge v Cargill Kenya Limited [2021] KEELRC 840 (KLR)
✦ The Court found the dismissal lawful and fair, and the Claimant is not entitled to the remedies sought.
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Abigael Jane Ayako v Masai Mara Sopa Lodge Limited [2021] KEELRC 705 (KLR)
✦ The motion is denied, and the email is expunged from the court record.
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Kenya Engineering Workers Union v Esquire Wholesalers Limited [2021] KEELRC 851 (KLR)
✦ Claimant's claim for deduction of union dues and recognition for collective bargaining is dismissed.
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Mumo Kiminza Munuve v Roadtainers Mombasa Limited [2021] KEELRC 826 (KLR)
✦ The termination was unfair and the Claimant is entitled to compensation.
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Ogutu Kebaso v Nyankoba Tea Factory Company Limited [2021] KEELRC 842 (KLR)
✦ The court adopts the assessment report and awards the applicant Kshs. 500,000 in compensation.
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Dickson Onyango Odunga v Chandaria Industries Limited [2021] KEELRC 838 (KLR)
✦ The court finds the claimant's termination unfair and awards one month's salary in lieu of notice, unpaid leave, and service pay.
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Edward Lwangu Mamboleo v Tristar Transport Limited [2021] KEELRC 808 (KLR)
✦ The Court finds that the Claimant was an employee of the Respondent and that this Court has jurisdiction to hear the case.
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Abubakar Mohamed Ali Sheikh v Grain Industries Limited [2021] KEELRC 848 (KLR)
✦ The Court found that the Respondent had a valid reason for dismissing the Claimant and that the Respondent adhered to the procedure in executing the dismissal.
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Barbara Karwitha Kiugu v Pernord Ricard Kenya Limited [2021] KEELRC 798 (KLR)
✦ Application is dismissed without merit
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Leo Wandera v Teachers Service Commission [2021] KEELRC 836 (KLR)
✦ The court dismisses the application as there is no discretion to extend the limitation period for contractual claims.
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Judy Gakii Njeru v Wananchi Group (K) Limited [2021] KEELRC 736 (KLR)
✦ The court finds in favor of the claimant, awarding two months' salary compensation for the unlawful redundancy, costs of the suit, and interest at court rates.
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Michael Omija Ohula v Kibos Sugar & Allied Industries [2021] KEELRC 844 (KLR)
✦ The termination of the Claimant's employment was unfair and the Court awards him compensation of Kshs 78,000.
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Jenipher Anyango Agunga v South Nyanza Teachers Co-operative Savings and Credit Society Ltd & 2 others [2021] KEELRC 831 (KLR)
✦ The Court awards the Claimant costs, which, if not mutually agreed within 30 days, should be subjected to taxation.
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Kenya Hotels & Hotels Workers Union v Mattan Issa Restaurant [2021] KEELRC 849 (KLR)
✦ The suspension of the Grievant was unlawful and the Respondent was in breach of contract.
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Kenya National Union of Nurses v Busia County Government & another [2021] KEELRC 846 (KLR)
✦ The Court finds the decision of the Respondents was a well calculated measure to weaken the Union and thus a subtle attack on the right of the Union to determine its own administration, programmes and activities, and to organise.
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Julius Kyalo Malonza v Ruth Osolo t/a Eraeva Catering Services (Cause 301 of 2016) [2021] KEELRC 835 (KLR) (Employment and Labour) (6 October 2021) (Judgment)
✦ The Court finds that the Claimant was employed by the Respondent from mid-2014 to June 2015, and the Claimant was unlawfully dismissed on July 8, 2015.
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Kefa Langi Oguwi v Registrar of Trade Unions; Kenya Union of Post-Primary Education Teachers (Kuppet) & 11 others (Interested Parties) [2021] KEELRC 850 (KLR)
✦ The Motion is dismissed with costs to the Respondent.
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Eliud Odhiambo Ago v Ocean Agriculture (EA) Limited [2021] KEELRC 720 (KLR)
✦ The Court found the termination to be unfair and unlawful.
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Kennedy Simiyu Murunga v Laikipia University [2021] KEELRC 837 (KLR)
✦ Claim is time-barred and struck out
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Augustine Otieno Afullo v University of Kabianga [2021] KEELRC 839 (KLR)
✦ The dismissal was found to be unfair due to lack of valid reasons and due process, and the claimant is awarded compensation and leave.
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Maridadi Flowers Limited v Director of Occupational Safety and Health Service; Khisa (Interested Party) (Appeal 29 of 2018) [2021] KEELRC 2 (KLR) (5 October 2021) (Judgment)
✦ The court held that the Director of Occupational Safety and Health Service should follow the procedures outlined in the Work Injury Benefits Act, 2007, and provide reasons for the decision within the set timelines.
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Collins Musonye Mugaisi v Corporate Security Services Limited [2021] KEELRC 711 (KLR)
✦ The motion by the Applicant is devoid of merit and is dismissed
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Peterson Muriuki v Flame Tree Africa Limited [2021] KEELRC 784 (KLR)
✦ The termination of the claimant’s employment was procedurally unfair.