Kenyan case law

Kenya Building Construction Timber Furniture And Allied Industries Employees Union v M/S. Mehta Electrical Limited [2013] KEELRC 197 (KLR)

✦ The court ordered the respondent to pay the claimants their outstanding wages and other terminal benefits.

Irene Mumina v Development Bank of Kenya Limited [2013] KEELRC 39 (KLR)

Metah Mzee v SDV Transami t/a Bollore Africa Logistics Kenya Ltd [2013] KEELRC 802 (KLR)

✦ The dismissal was unfair and the Claimant is awarded compensation of Kshs 74,241/-

William Migwi Kanyua v Risk Solutions Insurance Brokers Ltd [2013] KEELRC 565 (KLR)

✦ The preliminary challenge raises matters of fact that merit further enquiry. The Court orders the Preliminary Objection to be joined to the substantive dispute and gives a determination upon hearing of the dispute in full.

ZADOCK O. OLOO V DENHILL ENGINEERING [2013] KEELRC 490 (KLR)

✦ The court finds that the Limitation period applicable to this suit is six (6) years from the date on which the cause of action arose and therefore was filed at the Industrial Court within the Limitation period.

Juma Hassan Mwambisi v Anwarali & Brothers Limited [2013] KEELRC 537 (KLR)

Rufus Kaimenyi Joseph v Kenya Ports Authority Sports Club Mbaraki [2013] KEELRC 172 (KLR)

Zachariah Moseri Otwere v Flex Pac International Limited [2013] KEELRC 192 (KLR)

✦ The court dismissed the application for injunction and temporary injunction.

Nahashon Wachira v United Millers [2013] KEELRC 584 (KLR)

✦ The Court found in favor of the Claimant and ordered compensation and severance pay.

UNION OF NATIONAL RESEARCH & ALLIED INSTITUTES STAFF OF KENYA (UNRISK) V KENYA MARINE & FISHERIES RESEARCH INSTITUTE (KMFRI) [2013] KEELRC 390 (KLR)

TRANSPORT AND ALLIED WORKERS UNION (K) V AFRICAN SKY CHARTERS [2013] KEELRC 527 (KLR)

✦ The application for review is dismissed with costs.

Union of National Research and Allied Institutes Staff of Kenya (Unrisk) v Kenya Industrial Research and Development Institute (Kirdi) [2013] KEELRC 916 (KLR)

✦ The Court found that the termination was not unfair and that the grievant's actions did not constitute gross misconduct as per the Employment Act.

Sylvester Odour Oyile v Prime Fuels (Kenya) Limited [2013] KEELRC 625 (KLR)

✦ Claimant was unfairly terminated and awarded compensation, notice pay, severance pay, and leave days.

Ahmed Abubakar v Bamburi Cement [2013] KEELRC 175 (KLR)

MOSES MUKHWANA SITATI v MUMIAS SUGAR COMPANY LIMITED [2013] KEELRC 348 (KLR)

STEPHEN NYAMWEYA & ANOTHER V RILEY SERVICES LIMITED [2013] KEELRC 301 (KLR)

✦ The court finds the preliminary objection not well taken and overrules it. The clause is struck out, and the case proceeds as if the clause did not exist.

Tailors And Textiles Workers Union v Bonar [E.A.] Limited [2013] KEELRC 143 (KLR)

✦ The Court rejects the preliminary objection and orders the parties to agree on a hearing date for the main dispute

Stellamaris Mbatha Masha v Kenya Kazi Services Limited [2013] KEELRC 753 (KLR)

✦ The application is dismissed as the applicant has not demonstrated that the material facts of the claim were not within her knowledge and no evidence of a filed claim or order dismissing the claim was provided.

Long Distance Trunk Drivers & Allied Workers Union v Metrex Limited [2013] KEELRC 208 (KLR)

Timothy Omollo & 79 Others v Kakamega County Government & Kakamega County Public Service Board [2013] KEELRC 574 (KLR)

✦ The application has merit and a mandatory injunction is issued against the 1st and 2nd respondents to terminate or dismiss the claimants from their employment without following the law and their terms and conditions of employment. The respondents are ordered to immediately pay the claimants their salaries for May and June, 2013 and to continue to pay salary when due until this case is heard and determined.

THOMAS SHEM ONDUSO V KENYA BROADCASTING CORPORATION & 2 OTHERS [2013] KEELRC 523 (KLR)

✦ The claimant is entitled to one month's gross salary in lieu of notice, two months' basic salary for travel and transport, service gratuity, outstanding leave days, and 10 months' gross salary as compensation for unlawful and unfair termination.

Zachary Mbugua Maina v Medecins Sans Frontieres, Switzerland [2013] KEELRC 167 (KLR)

✦ Termination was procedurally unfair, and the Claimant is awarded Kshs. 717,460 in compensation for procedural lapse.

THOMAS MUMO NZIVU V SPIN KNIT LIMITED [2013] KEELRC 376 (KLR)

✦ The court finds the dismissal unfair and orders the respondent to pay the claimant Ksh.246,000/= for six months' gross salary, Ksh.41,000/= for one month's pay in lieu of notice, and Ksh.123,000/= for bonuses from 2005 to 2011.

KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V JAMES FINLAY (K) LIMITED [2013] KEELRC 364 (KLR)

✦ The court finds that the application was made without unreasonable delay and that substantial loss may result to the claimant unless the order is made. However, the court does not grant the stay of execution as the redundancy notice had lapsed and the order setting it aside was declaratory.

Kenya Hotels & Allied Workers Union v Nairobi Hilton Hotel [2013] KEELRC 720 (KLR)

✦ The dismissal was procedurally unfair.