Kenyan case law

Mustafa Abas Misri v Akiyda 2000 Limited [2014] KEELRC 1152 (KLR)

✦ The termination was unfair, and the claimant is awarded one month's pay in lieu of notice, one month's gross salary for unfair termination, notice pay, service pay, and each party bears their own costs.

David Mutemi v Hebatullah Brothers Limited [2014] KEELRC 968 (KLR)

✦ The Court finds the termination of employment to be unfair and awards the Claimant 9 months' salary in compensation for unfair termination, 1 month's salary in lieu of notice, service pay, and leave pay.

Mutua v LK Mucheke T/A Maru’s Quality Cafe (Cause 1446 of 2013) [2014] KEELRC 480 (KLR) (6 May 2014) (Judgment)

Kenya Union of Employees of Voluntary & Charitable Organizations (KUEVACO) v De La Rue Currency & Security Print Limited (Cause 641 of 2010) [2014] KEELRC 455 (KLR) (6 May 2014) (Ruling)

✦ The issues raised in the application for review will be raised in the substantive case during the hearing and/or in the final submissions.

Joseph Mbasi Muthama, Peter Kinina Kungu & Zack Kariuki Gachuhe v British American Tobacco (Kenya) Limited [2014] KEELRC 1168 (KLR)

✦ The preliminary objections are allowed, and the suit is dismissed

Kenya Union of Printing, Publishing, Paper Manufacturers & Allied Workers v Jam Grac Investments [2014] KEELRC 462 (KLR)

✦ Application dismissed with costs

Jacob Okal Odero v Kenya Institute of Management Limited [2014] KEELRC 460 (KLR)

✦ The application for stay of execution of the award is granted

Rashid Jeneby v Prime Bank Limited [2014] KEELRC 965 (KLR)

✦ The court finds that the reason offered by the respondent for its failure to introduce the subject documents before closure of the claimant's case do not constitute sufficient cause for the court to exercise its discretion in favor of the respondent.

Kenya Union of Sugar Plantation & Allied Workers v West Kenya Sugar Company Ltd [2014] KEELRC 962 (KLR)

✦ The court found that the termination of Jacob Wanjala Were's employment was unfair, unlawful, and unjustified due to the lack of a fair hearing and the absence of evidence of misconduct.

Johnstone Khejeli v Speaker County Assembly of Vihiga & another [2014] KEELRC 966 (KLR)

✦ The respondents were not served with the order of the court on 9.4.2014, and the dismissal letter served on 11.4.2014 was in violation of the court order.

Kenya Plantation and Agricultural Workers Union v Kakuzi Limited [2014] KEELRC 954 (KLR)

✦ The court finds that the Industrial Court has nation-wide territorial jurisdiction and the case may be heard by the court sitting in Nairobi or Nakuru.

Kenya County Government Workers Union v Kisumu County Assembly Public Service Board [2014] KEELRC 502 (KLR)

✦ The court finds in favor of the claimants and issues an injunction, orders for staff rationalization, and an injunction against termination.

Gladys Amukoya Were v Mumias Sugar Company [2014] KEELRC 960 (KLR)

✦ The claimant's claim was dismissed as it was filed beyond the mandatory 12-month period provided under section 90 of the Employment Act 2007.

Kudheiha v B.O.G Chavakali High School [2014] KEELRC 956 (KLR)

✦ The application is dismissed as the respondent was not personally served with a properly extracted order with a penal notice.

Methusela K. Kacheso v International School of Medicine & Applied Technology [2014] KEELRC 961 (KLR)

✦ The court finds for the claimant and orders the respondents to pay the claimant Ksh 576,000 as compensation for the use of his name on official documents.

Ebrahim Ochieng Othuon & 2 Others v Chemilil Sugar Co. Ltd [2014] KEELRC 957 (KLR)

✦ The court finds that each claimant is entitled to payment of house allowance at 15% of their salary or wage for all the months they worked.

Kennedy Shilaho Shibeka v Chairman, BOG, Sigalagala Technical Training Institute [2014] KEELRC 964 (KLR)

✦ The claimant's termination was unlawful as he was not given a hearing on the reasons for the dismissal.

Robert Masese & 2 Others v The Tailors & Textiles Workers Union [2014] KEELRC 958 (KLR)

✦ The court finds that the claimants' failure to hold elections as ordered by the court is a blatant disregard of the law and denies the court the opportunity to hear the case on merit.

Benson Wafula Waswa v K.K Security Company Limited [2014] KEELRC 953 (KLR)

✦ The dismissal was not unfair, and the claimant's statement of claim is dismissed with costs.

Japheth M. Erazia v Budget Driving School [2014] KEELRC 959 (KLR)

✦ The termination was unfair and unjustified, and the claimant is awarded 1 month salary in lieu of notice, underpayment of wages, overtime pay, damages for unlawful termination, and leave allowance.

Kenya Export Flouriculture, Horticulture and Allied Workers Union (KEFHAU) Represented by its Promotoers and Applicants - David Benedict Omulama & 8 others v Registrar of Trade Union & another [2014] KEELRC 368 (KLR)

✦ The court ordered a stay of execution pending the hearing of the appeal.

Brian Achieng Were & 2 others v Attorney General & 6 others [2014] KEELRC 464 (KLR)

✦ The failure to appeal the Registrar's decision is not fatal to the proceedings, the alleged violation of rights has been established, and a remedy is available.

Ongere Charles Okoth v Pressmasters Limited [2014] KEELRC 471 (KLR)

✦ The termination was unlawful and unfair, and the Court awards the Claimant ten (10) months salary for the unlawful and unfair termination.

Davies Musau Ndambuki v Toyota East Africa Limited [2014] KEELRC 469 (KLR)

✦ The termination of the Claimant's employment was justified and the claim for unlawful and unfair termination is dismissed.

Onyaru v Alpha Dairy Products Limited (Cause 93 of 2013) [2014] KEELRC 500 (KLR) (25 April 2014) (Ruling)