Kenyan case law

Cyrus Nyongesa Simiyu v Concepts African Limited [2015] KEELRC 804 (KLR)

✦ The termination was deemed unfair as there was no valid reason provided by the Respondent.

Edward Isedia Mukasia v Eldo Supermarket Ltd [2015] KEELRC 860 (KLR)

✦ The claimant was found to be an employee of the respondent, and the termination was found to be wrongful, unfair, and unlawful.

Robert Ndurungi Chege v Samsutech Corportation Limited [2015] KEELRC 844 (KLR)

✦ Claimant was unfairly dismissed and engaged in unfair labour practices. The court awards notice pay, maximum compensation, and salary arrears.

John Ngowah v East Africa Safari Air Express Limited [2015] KEELRC 840 (KLR)

✦ The Claimant's termination was lawful and justified due to financial challenges and operational problems faced by the Respondent. The Claimant is not entitled to compensation for unlawful termination, severance pay, notice pay, service pay, or bonus payments. Salaries until retirement are not due.

Kenya Union of Entertainment and Music Industry Employers v Bomas of Kenya Limited [2015] KEELRC 792 (KLR)

✦ Application granted, proclamation and attachment stay, declaration of proclamation nullity, costs on Respondent

Isaac Mukonyi v Nairobi City County [2015] KEELRC 1615 (KLR)

✦ The Claimant's application is granted, and he is reinstated to his position with full benefits, and his salary is to be continued pending the hearing of the case.

James Sande Amuyeka & 6 others v Super Foam Limited [2015] KEELRC 799 (KLR)

✦ The claims are dismissed and judgement entered against James Sande and Maria Njeri for the sum of Kshs.25, 737.00; John Rumuri, Ashford Kinyua, David Kinyua, and Lucian Mbolu to pay Kshs.54, 033.90; and Paul Wambua should refund Kshs.39, 636.00.

Kenya Plantation and Agricultural Workers Union v Red Lands Roses Ltd [2015] KEELRC 853 (KLR)

✦ Order for consolidation of all subject suits in one file

James Muiruri Njenga v Nakumatt Holdings Limited [2015] KEELRC 850 (KLR)

✦ The termination was procedurally unfair and procedurally unfair.

Nyabuto Arambe Abusa v Kenya Power & Lighting Co. Ltd [2015] KEELRC 848 (KLR)

✦ The Court finds that the claim is not fatally defective and that the Court has jurisdiction to entertain the suit. The cause of action arose before the repeal of the Employment Act, and the Claimant should have filed under the repealed Trade Disputes Act.

David Mutie & 2 others v David Sheldrick Foundation [2015] KEELRC 1614 (KLR)

David G. Warwathe & another v Kiambu Unity Finance Co-operative Union Limited [2015] KEELRC 793 (KLR)

✦ The Appellants were not entitled to any redundancy payments or to be paid their dues under the contract.

Robert Ochieng Oracha v Blowplast Limited [2015] KEELRC 822 (KLR)

✦ The court awards the claimant one month's salary in lieu of notice and ten months' salary as compensation for unfair termination of services.

Mathew Sila Kimeu & Nyali Children Hospital [2015] KEELRC 857 (KLR)

✦ Termination was procedurally flawed but on valid grounds. The Claimant will receive 3 months' salary in compensation for unfair termination and an amended Certificate of Service.

Dishon Saenyi Musaba v Kims Poultry Farm Ltd [2015] KEELRC 815 (KLR)

✦ Termination of employment was unfair.

Jackline Wambui Gitau v Clinix Health Care Ltd [2015] KEELRC 821 (KLR)

✦ The motion to reinstate the cause is dismissed with no order as to costs.

David Kabori Rimberia v Summit Cove Lines Co. Ltd & another [2015] KEELRC 871 (KLR)

✦ The dismissal order is set aside, and the parties are ordered to resume proceedings from where they left off.

Kudheiha Workers v Board of Management, Kihumbu-Ini Secondary School [2015] KEELRC 880 (KLR)

✦ The claimant's suit is dismissed with costs as the grievant was not a member of the claimant union.

Bernard Kuria Mwangi & 2 others v Kasturi Limited [2015] KEELRC 809 (KLR)

✦ The court directs that the applicant pays up-front the sum of Kshs.200,000/= on or before 30th July, 2015 and thereafter liquidates the balance of the decretal sum in monthly instalments of Kshs.50,000/= until payment in full with effect from end of August, 2015.

Julius Bett v SBI International Holdings AG (Kenya) [2015] KEELRC 814 (KLR)

✦ The termination of the Claimant's employment was procedurally unfair and the Court awards him 3 months wages compensation and costs.

Peterson Ndungu & 5 others v Kenya Power and Lighting Company Limited [2015] KEELRC 785 (KLR)

✦ The statement of claim, proceedings, and award of July 23, 2014, are hereby struck out due to unauthorized representation by counsel.

Alice Moraa Kosgei & another (suing for the estate of Daphine Chebet Kosgei (Deceased) v Moi Teaching & Referral Hospital [2015] KEELRC 811 (KLR)

✦ The motion to reinstate the cause is dismissed due to the limitation period and the Court's lack of jurisdiction to extend the time for filing a statute-barred claim.

James Magondu Githinji & another v Peter Kombe & another [2015] KEELRC 878 (KLR)

✦ The court finds that the claimants' employment lapsed by the end of the fixed term, and they are not entitled to reinstatement or compensation for unfair termination. The court also finds that the claimants are entitled to interest on enforced savings.

Catherine Muriuki & 4 others v Gucokaniriria Kihato Traders & Farmers Company Limited [2015] KEELRC 869 (KLR)

✦ The respondent shall pay the entire outstanding judgment sum and costs of the suit, once or in installments, by 1.09.2015 in default interest at court rates will be payable thereon from the date of judgment 6.06.2014 till full payment.

Livingstone Abuta & 5 others v Nicholas Zani & 4 others [2015] KEELRC 855 (KLR)

✦ The Claim is hereby struck out in its totality