Kenyan case law
-
Kenya County Government Workers Union v County Government of Machakos & another [2020] KEELRC 816 (KLR)
✦ The Union's petition is not barred by the lack of a recognition agreement, and the affidavits filed by the Union are admissible.
-
Bigot Flowers (K) Limited v Isaac Nyamainyeria Omabene [2020] KEELRC 866 (KLR)
✦ The court finds the appellant owed a common law duty of care to ensure the safety of the respondent while he was on duty, and the respondent had a duty to ensure his own safety and health.
-
Okoiti v Nairobi Metropolitan Service & 3 others; Badi & 9 others (Interested Parties) (Petition 52 of 2020) [2020] KEELRC 869 (KLR) (18 June 2020) (Judgment)
✦ This Court has jurisdiction to handle the Petition. The Petitioner has locus to institute this Petition. The Nairobi Metropolitan Service has no legal status to appoint or second employees.
-
Peter Waithaka Muriithi v Timsales Company Limited [2020] KEELRC 890 (KLR)
✦ The claim is struck out as the claimant's claims are without foundation and the court lacks jurisdiction.
-
Joyce Mueni Gatambia v Aga Khan Foundation (Kenya) & another [2020] KEELRC 871 (KLR)
✦ The Court found the Preliminary Objection irregular and ordered the Applications and the Suit by the Claimant to be struck out.
-
Joseph Chodo v Lake Nakuru Lodge [2020] KEELRC 872 (KLR)
✦ The claimant's employment ended on January 16, 2013, and his claims are time-barred under the Employment Act, 2007.
-
Paul Ngei Kyove v Freight Wings Limited [2020] KEELRC 895 (KLR)
✦ The claimant's memorandum of claim is hereby dismissed with orders each party to bear own costs of the suit.
-
Kenya Union of Commercial Food and Allied Workers v Bounty Limited [2020] KEELRC 870 (KLR)
✦ The court found that the issues in the claim are not sub judice as the subject matter and issues in Cause No. 1512 of 2017 and Miscellaneous No. 4 of 2018 are different. The CBA negotiations have not been overtaken by events.
-
Joseph Mungai Keriko v Jomo Kenyatta University of Agriculture and Technology & 2 others [2020] KEELRC 892 (KLR)
✦ The claimant is not entitled to the prayers sought in the memorandum of claim due to the claims being time-barred under Section 90 of the Employment Act and the reduction of salary not being illegal or discriminatory.
-
Margaret Waithira Njuguna v Nas Airport Services Limited [2020] KEELRC 894 (KLR)
✦ Claimant's claim for overtime pay is dismissed as she is estopped from claiming further payment of terminal dues.
-
Bakery Confectionary Food Manufacturing and Allied Workers Union (Kenya) Claimant v Satisfaction Fine Bakers [2020] KEELRC 878 (KLR)
✦ Claimant has qualified for recognition and is entitled to the orders sought.
-
Peter Karanja Ndungu & 35 others v Bidco Oil Refineries Limited [2020] KEELRC 860 (KLR)
✦ The claimants are not entitled to compensation for unfair dismissal, as the dismissal was justified due to gross misconduct. The claimants are entitled to a certificate of service and 50% of the claimants' costs of the suit.
-
James Ang’awa Okeyo v Kenya Plant Health Inspectorate Services [2020] KEELRC 888 (KLR)
✦ The Court found no interim orders in place and denied the Petitioner's request for conservatory orders.
-
Leah Nzembi Nzyoka v Riley Services Limited [2020] KEELRC 873 (KLR)
✦ The claimant is not entitled to compensation, notice pay, or a declaration as prayed for due to the termination being valid and procedurally fair.
-
Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers (Kudheiha Workers) v Registered Trusted of East African Ramgarhia Board t/a Guru Nanak Ramgrhia Sikh Hospital [2020] KEELRC 889 (KLR)
✦ The preliminary objection is dismissed with costs.
-
County Government of Mandera & another v Attorney General & another; Hussein Dayow Abdullahi & 3 others (Interested Parties) [2020] KEELRC 893 (KLR)
✦ The petitioners' constitutional and statutory claims were not upheld, and the decisions in the appeals were not quashed.
-
Charles Oyoo Kanyangi & 43 others v Judicial Service Commission [2020] KEELRC 884 (KLR)
✦ The Petitioners are guilty of undue laches and the petition has not met the threshold required of a constitutional petition.
-
Michael Odhiambo Yiembo v George J. O. Odedeh & 5 others [2020] KEELRC 897 (KLR)
✦ The application lacks merit and is dismissed.
-
Daniel Otieno Okun v Kenyatta University [2020] KEELRC 865 (KLR)
✦ The Respondent is not in contempt of court and the application for contempt is dismissed. The Respondent's Vice Chancellor is not cited for contempt. The Claimant's application for release of confiscated household property is granted.
-
James Oyugi Mangla v Kenya National Union of Teachers & another [2020] KEELRC 875 (KLR)
✦ The court found that the declaration of redundancy was not lawful and fair due to the scheme's financial difficulties and the claimant's employment with the scheme, not the respondents.
-
Natasha Helle Kilonzo Kafara v Sheer Logic Management Consultants Ltd [2020] KEELRC 908 (KLR)
✦ The termination of employment was unlawful and unfair, and the claimant is entitled to compensation and terminal benefits.
-
Leonard Owino Obure v Kaimosi Tea Estates Ltd [2020] KEELRC 891 (KLR)
✦ The summary dismissal was lawful, but the separation is deemed a normal termination, and the claimant is entitled to notice pay, terminal gratuity, and interest.
-
Boom A. Bosire v Gussi Mwalimu Co-operative Savings and Credit Society Limited [2020] KEELRC 903 (KLR)
✦ The application is dismissed with costs as the applicant is in default of the directive in the Judgment of the court and the matter is res judicata.
-
Leonard Owino Obure v Kaimosi Tea Estates Ltd (Cause 164 of 2017) [2020] KEELRC 864 (KLR) (11 June 2020) (Judgment)
✦ The summary dismissal was lawful, but the separation is deemed a normal termination, and the claimant is entitled to payment of terminal benefits.
-
Naqeeb Imtiaz Kara v Medanta Africare Limited [2020] KEELRC 902 (KLR)
✦ The application is granted in terms of prayer 3 of the notice of motion.