Kenyan case law
-
Njuguna v Mount Kenya University (Cause E6563 of 2020) [2023] KEELRC 2844 (KLR) (10 November 2023) (Judgment)
✦ Termination was procedurally flawed and therefore unfair, and the Respondent is ordered to pay compensation of Kshs. 300,000.
-
Muthumbi v China Road Bridge Corporation (Kenya). (Cause 813 of 2018) [2023] KEELRC 2853 (KLR) (10 November 2023) (Judgment)
✦ The court finds that the termination was not unfair and the claimant has not established any of the reliefs claimed and prayed for. The suit will be dismissed with costs.
-
Rukaria v Attorney General; Debasso & another (Interested Parties) (Petition 2 of 2023) [2023] KEELRC 2824 (KLR) (10 November 2023) (Judgment)
✦ The court held that the Employment and Labour Relations Court had jurisdiction, that public service laws governed state corporation appointments, and that the revocation was improper.
-
Karani v Judicial Service Commission (Cause E191 of 2022) [2023] KEELRC 2880 (KLR) (10 November 2023) (Ruling)
✦ The court sets aside its order of May 2, 2023, dismissing the claimant's suit and reinstates the claim
-
Njuki v Cooperative Bank of Kenya Limited (Cause 5 of 2020) [2023] KEELRC 2865 (KLR) (10 November 2023) (Judgment)
✦ The dismissal was not grounded on a valid and fair reason.
-
Musitia v Associated Construction Co Ltd (Employment and Labour Relations Cause E455 of 2021) [2023] KEELRC 3156 (KLR) (9 November 2023) (Judgment)
✦ The Court found the termination procedurally unfair.
-
Ochieng v M.P Shah Hospital (Employment and Labour Relations Cause E1073 of 2021) [2023] KEELRC 2838 (KLR) (9 November 2023) (Judgment)
✦ The claimant's employment contract was unlawfully terminated due to lack of due process.
-
Chauvel v Hazizi (Appeal E012 of 2023) [2023] KEELRC 2850 (KLR) (9 November 2023) (Ruling)
✦ The Appellant's Notice of Motion dated 12th June 2023 is merited, and the same is hereby allowed in the following terms: a stay of execution of the trial court's decree in Malindi Chief Magistrate's Court ELR Case No. 34 of 2021 pending hearing and determination of the Appeal herein, on condition that the Appellant deposits Kshs. 150,000= being part of the Judgment sum, in this Court within twenty one (21) days of this Ruling.
-
Transport Workers Union v Green Line Company Limited (Cause E447 of 2023) [2023] KEELRC 2819 (KLR) (9 November 2023) (Ruling)
✦ The preliminary objection is overruled with costs in the cause.
-
Anyasi v El-Casa Suite Nyali (Appeal E086 of 2022) [2023] KEELRC 2854 (KLR) (9 November 2023) (Judgment)
✦ The appeal is partly successful, and the trial court's judgment is set aside. The Appellant is awarded one month salary in lieu of notice, two days pro-rata leave, and a certificate of service.
-
Musavi v Vajas Manufacturing Limited (Cause 1417 of 2018) [2023] KEELRC 2840 (KLR) (9 November 2023) (Judgment)
✦ The Court found that the termination was procedurally unfair due to the conflicting communications and lack of clear procedure.
-
Kilifi Moringa Estates Ltd v Chengo (Miscellaneous Application E004 of 2023) [2023] KEELRC 2833 (KLR) (9 November 2023) (Ruling)
✦ The application is granted, and the appeal is allowed
-
Muraya & 4 others v Judicial Service Commission (Employment and Labour Relations Cause E003 of 2022) [2023] KEELRC 2849 (KLR) (9 November 2023) (Judgment)
✦ The suit is not time barred as the cause of action accrued on 22nd December 2021, and the action was commenced within the period stipulated under section 90 of the Employment Act.
-
County Assembly Service Board, Nyamira County & 3 others v Bundi & 11 others (Appeal E021 of 2023) [2023] KEELRC 2822 (KLR) (9 November 2023) (Ruling)
✦ The application is dismissed
-
Mutinda v Bollore Africa Logistics Limited (Cause 2014 of 2017) [2023] KEELRC 2859 (KLR) (9 November 2023) (Ruling)
✦ The application is not merited and the dismissal should not be set aside, varied, or reviewed
-
Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v BOM Kalulini Boys Secondary School (Cause 766 of 2019) [2023] KEELRC 2837 (KLR) (9 November 2023) (Ruling)
✦ The preliminary objection is dismissed as the summons to enter appearance was served on the Respondent.
-
Achuora v United States International University- Africa (Cause 734 of 2018) [2023] KEELRC 2823 (KLR) (9 November 2023) (Judgment)
✦ The dismissal was lawful and fair, and the Claimant is not entitled to the remedies sought.
-
Murithi v P.N. Mashru Limited (Miscellaneous Application E032 of 2023) [2023] KEELRC 2825 (KLR) (9 November 2023) (Ruling)
✦ The award made by the Director is adopted as a judgment of the Court, and the applicant is awarded Ksh. 1,152,000 in compensation.
-
Hatari Security Gurads Ltd v Odongo (Appeal E012 of 2022) [2023] KEELRC 2812 (KLR) (9 November 2023) (Judgment)
✦ The appeal is partly successful. The award of one-month salary in lieu of notice is upheld, the award of 12 months' salary as damages for loss of employment is set aside and substituted with three months' salary, the award of Kshs. 20,000 for leave earned is set aside and substituted with Kshs. 10,000, and the Respondent is awarded half the costs of the suit before the lower court.
-
Uchendu v Smec International Pty Limited & another (Employment and Labour Relations Cause E153 of 2023) [2023] KEELRC 2847 (KLR) (9 November 2023) (Ruling)
✦ The court dismissed the preliminary objection as the parties agreed the contract was governed by Singapore law and disputes would be adjudicated in Singapore courts. The court did not invalidate the choice of forum clause.
-
Ruthuku v Kenya Revenue Authority (Cause E003 of 2023) [2023] KEELRC 2834 (KLR) (9 November 2023) (Judgment)
✦ The claim for damages for premature termination of employment is dismissed. The claimant is awarded 20 pending leave days at Kshs. 104,667.
-
Omwoyo v Independent Electoral & Boundaries Commission & 3 others (Petition E019 of 2023) [2023] KEELRC 2821 (KLR) (9 November 2023) (Ruling)
✦ The court has jurisdiction to hear the petition and motion.
-
Nguru v Co-operative Bank of Kenya Limited (Cause E044 of 2022) [2023] KEELRC 2836 (KLR) (9 November 2023) (Judgment)
✦ The court finds the dismissal unfair and orders the respondent to pay the claimant 19 days' salary, 23 leave days' pay, and compensation for the unfair termination. The claimant is ordered to repay the respondent the amount of Kshs. 2,815,830.38 in loans advanced.
-
Atege v Monda (Appeal E007 of 2022) [2023] KEELRC 2816 (KLR) (9 November 2023) (Judgment)
✦ The Appellant was at the very least entitled to notice indicating the end of the internship period or the rights under Sections 41, 43, 45 and 47 if the termination was as a result of misconduct. Additionally, the Appellant was also entitled to payment of any withheld or accrued benefits in the course of the internship.
-
Kamau v Pride Inn Hotels & Investments Limited (Cause 881 of 2017) [2023] KEELRC 2832 (KLR) (9 November 2023) (Judgment)
✦ The court finds that the termination was unfair and orders compensation, notice pay, and leave pay.