Kenyan case law
-
Chiuri Kirui & Rugo Advocates v Tusker Mattresses Limited [2017] KEELRC 943 (KLR)
✦ The Taxing Master's decision was based on an error of principle and the Bill of Costs is remitted for re-taxation.
-
Japhat Muriithi Kabungo, Joseph Stanley Karo & Julia Wangeci Gichobi v Paul Kariuki Ndungu, Simon Wahogo & Francis Mwai (Cause 233 of 2016) [2017] KEELRC 900 (KLR) (21 July 2017) (Judgment)
✦ The court finds the elections to be invalid and irregular, and declares them to be against the union's constitution.
-
John Muriuki Muthui v Sidian Bank Limited [2017] KEELRC 939 (KLR)
✦ The court finds the termination unlawful and unfair, and orders the reinstatement of the claimant with back pay and costs.
-
John Ndugire Ng’ang’a & 6 others v County Government of Laikipia [2017] KEELRC 940 (KLR)
✦ Judgment is entered for the claimants, declaring the termination unfair and ordering compensation of 12 months' pay at the rate of monthly pay at termination.
-
Peter Njoroge Kibe v Teachers Service Commission [2017] KEELRC 934 (KLR)
✦ The termination was unfair and the claimant is entitled to reinstatement and the other remedies as prayed for.
-
David Ithau Wambua v Vision 2030 Delivery Board [2017] KEELRC 907 (KLR)
✦ The court finds in favor of the petitioner on the issues of violation of fair labour practice, right to access to information, and right to fair administrative action.
-
Mathews Orinya Oyule v Kenya Revenue Authority [2017] KEELRC 936 (KLR)
✦ The court finds that the claimant's interdiction was fair and in accordance with the Employment Act and the Kenya Revenue Authority Code of Conduct. The suit is not time barred under section 90 of the Employment Act, 2007, and section 3(2) of the Public Authorities Limitation Act, Cap 39.
-
Kesi Mohamed Salim v Kwale International Sugar Co. Ltd [2017] KEELRC 755 (KLR)
✦ The termination of the claimant's employment was found to be unfair and unlawful due to the lack of prior notice and fair hearing.
-
Caroline K. Njuguna v City Star Restaurant (Trading as Coffee Lounge) [2017] KEELRC 906 (KLR)
✦ The dismissal was found to be unfair due to the one-day absence and the lack of evidence of repeated absences.
-
Festus Rubara Mukiri & 2 others v Eunice Kamene Kiema & 4 others [2017] KEELRC 915 (KLR)
✦ The court finds the elections to be unlawful and irregular due to improper use of the voter list, lack of proper verification, and an unqualified presiding officer.
-
Kenya Private University Workers Union v Kenya Methodist University [2017] KEELRC 925 (KLR)
✦ The court dismissed the preliminary objection and found that the claimant has the necessary standing to file the suit.
-
Joab Indeche Wakhu v National Hospital Insurance Fund [2017] KEELRC 942 (KLR)
✦ The termination was unfair due to lack of a valid reason and due process. The claimant is awarded Kshs. 1,905,000.00 in compensation and costs.
-
Alphine Anyango Aloo v Clinix Health Care Limited [2017] KEELRC 945 (KLR)
✦ The termination was substantively and procedurally unfair, and the Court awards six months' salary in compensation and one month's salary in lieu of notice.
-
Joseph Mulinge Mbivye v Gayes Kitchen Limited [2017] KEELRC 897 (KLR)
✦ The court refuses to grant the orders sought in the present application and hereby dismisses the application.
-
Rajab Barasa & 4 others v Kenya Meat Commission [2017] KEELRC 428 (KLR)
✦ The court allowed the respondent's application and ordered the claimants to vacate the premises within 24 hours, with a charge for unauthorized occupation to be paid within seven days. If not vacated, the respondent can seek police assistance.
-
Justus Musumba Amukongo v Noble Hotel and Conference Centre [2017] KEELRC 838 (KLR)
✦ The termination was found to be unfair and the Claimant is entitled to various remedies including pay in lieu of notice, underpayments, overtime, public holidays, and compensation for unfair termination.
-
Mary Nangila Wacholonga v Superfoam Company Ltd & another [2017] KEELRC 349 (KLR)
✦ The court ordered the claimant to be reinstated and the respondent to pay notice pay, sick leave, leave pay, underpayments, house allowance, compensation for unfair termination, and costs of the suit.
-
Peter Wafula Wasike v Lockwood Girls’ High School [2017] KEELRC 921 (KLR)
✦ The Court finds the termination procedurally unfair and awards the Claimant salary arrears and compensation.
-
Kenya Union of Commercial Food and Allied Workers v Shivling Supermarket Ltd [2017] KEELRC 66 (KLR)
✦ The court awards the following terms and conditions: 21 days of annual leave, 1.75 days for each completed month of service, funeral expenses for a coffin and at least 2 staff members, a certificate of service, a house allowance of 15% of basic salary, a general wage increase of 5% per year, and the new terms take effect from 1st July 2017.
-
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Silver Hotel, Naivasha [2017] KEELRC 899 (KLR)
✦ The Court declines to exercise its discretion in favor of the Respondent due to non-compliance with the condition for stay of execution and lack of sufficient explanation.
-
Brown Opati Ndiya v Nakuru Industries Limited [2017] KEELRC 935 (KLR)
✦ The Court finds that the Claimant was on fixed term contracts from 2011 up to the time of separation. The Claimant’s contract was not unfairly terminated.
-
Muraya v Registrar, High Court of Kenya & 2 others (Cause 508 of 2014) [2017] KEELRC 316 (KLR) (20 July 2017) (Judgment)
✦ The dismissal of the claimant was unlawful as it was based on the same grounds as the previous dismissals, which were already addressed in the previous judicial review.
-
Anthony Njenga Kuria v Bata Shoe Company (K) Limited [2017] KEELRC 926 (KLR)
✦ The Court finds the termination of the Claimant’s employment was procedurally unfair and awards him 2 months' pay in lieu of notice and compensation.
-
Sarah Angienda Oyange v One Heart Children Home & School [2017] KEELRC 948 (KLR)
✦ The Court finds the termination was procedurally unfair and dismisses the case with no order as to costs.
-
Boniface Masime Nyasembe v Hashi Energy Limited [2017] KEELRC 839 (KLR)
✦ The application for substitution is granted, and the claimant is allowed to be substituted with Stella Atieno Migai.