Kenyan case law

Hakika Transport Services Limited v Isaac Onyango & Compamy Advocates (Miscellaneous Application E024 of 2023) [2023] KEELRC 2829 (KLR) (9 November 2023) (Ruling)

Kamau v Pride Inn Hotels & Investments Limited (Cause 881 of 2017) [2023] KEELRC 2832 (KLR) (9 November 2023) (Judgment)

✦ The court finds that the termination was unfair and orders compensation, notice pay, and leave pay.

Murithi v P.N. Mashru Limited (Miscellaneous Application E032 of 2023) [2023] KEELRC 2825 (KLR) (9 November 2023) (Ruling)

✦ The award made by the Director is adopted as a judgment of the Court, and the applicant is awarded Ksh. 1,152,000 in compensation.

Atege v Monda (Appeal E007 of 2022) [2023] KEELRC 2816 (KLR) (9 November 2023) (Judgment)

✦ The Appellant was at the very least entitled to notice indicating the end of the internship period or the rights under Sections 41, 43, 45 and 47 if the termination was as a result of misconduct. Additionally, the Appellant was also entitled to payment of any withheld or accrued benefits in the course of the internship.

Kimanyi v Kim Fay East Africa Limited (Cause 2178 of 2016) [2023] KEELRC 3206 (KLR) (9 November 2023) (Judgment)

✦ The Court found the dismissal to be fair and upheld the Respondent's decision.

Mutinda v Bollore Africa Logistics Limited (Cause 2014 of 2017) [2023] KEELRC 2859 (KLR) (9 November 2023) (Ruling)

✦ The application is not merited and the dismissal should not be set aside, varied, or reviewed

Musavi v Vajas Manufacturing Limited (Cause 1417 of 2018) [2023] KEELRC 2840 (KLR) (9 November 2023) (Judgment)

✦ The Court found that the termination was procedurally unfair due to the conflicting communications and lack of clear procedure.

Chauvel v Hazizi (Appeal E012 of 2023) [2023] KEELRC 2850 (KLR) (9 November 2023) (Ruling)

✦ The Appellant's Notice of Motion dated 12th June 2023 is merited, and the same is hereby allowed in the following terms: a stay of execution of the trial court's decree in Malindi Chief Magistrate's Court ELR Case No. 34 of 2021 pending hearing and determination of the Appeal herein, on condition that the Appellant deposits Kshs. 150,000= being part of the Judgment sum, in this Court within twenty one (21) days of this Ruling.

Rotich v Kenya Ports Authority (Cause 34 of 2020) [2023] KEELRC 2843 (KLR) (9 November 2023) (Judgment)

✦ The court found that the respondent and CAJ abused their power by intervening in a court case and dismissed the claimant's case.

Kunga v Credit Bank PLC (Cause E555 of 2023) [2023] KEELRC 2814 (KLR) (9 November 2023) (Ruling)

✦ Claimant's termination was unlawful and unfair; Respondent's actions were not procedurally fair.

Bett v Lavington Security Limited (Cause 398 of 2018) [2023] KEELRC 2894 (KLR) (9 November 2023) (Judgment)

✦ The termination was found to be unfair and unlawful, and the claimant is entitled to one month's salary in lieu of notice, one month's leave, compensation for unlawful termination, a certificate of service, costs, and interest.

Auma v Maseno University & 2 others (Cause E010 of 2022) [2023] KEELRC 2813 (KLR) (9 November 2023) (Ruling)

✦ The application is allowed, and the Respondents are ordered to recall their witness for cross-examination

Sitienei & another v Lang'at t/a Kaloto Auctioneers (Miscellaneous Application E018 of 2022) [2023] KEELRC 2815 (KLR) (9 November 2023) (Ruling)

✦ The court granted leave to appeal and set aside the stay order, allowing the appeal to proceed.

Ismail v Ainushamsi Hauliers Limited (Cause 583 of 2018) [2023] KEELRC 2839 (KLR) (9 November 2023) (Judgment)

✦ The termination of the Claimant's employment was found to be unfair.

Kenya Shipping, Clearing Freight Logistics and Warehouse Workers Union v Bollore Transport & Logistics [K] Ltd & 2 others (Cause 467 of 2018) [2023] KEELRC 2852 (KLR) (9 November 2023) (Ruling)

✦ The court reinstates the claimant's case and extends the time for prosecution by another six months

Ruthuku v Kenya Revenue Authority (Cause E003 of 2023) [2023] KEELRC 2834 (KLR) (9 November 2023) (Judgment)

✦ The claim for damages for premature termination of employment is dismissed. The claimant is awarded 20 pending leave days at Kshs. 104,667.

Hatari Security Gurads Ltd v Odongo (Appeal E012 of 2022) [2023] KEELRC 2812 (KLR) (9 November 2023) (Judgment)

✦ The appeal is partly successful. The award of one-month salary in lieu of notice is upheld, the award of 12 months' salary as damages for loss of employment is set aside and substituted with three months' salary, the award of Kshs. 20,000 for leave earned is set aside and substituted with Kshs. 10,000, and the Respondent is awarded half the costs of the suit before the lower court.

Alpine Coolers Limited v Miheso (Miscellaneous Application E097 of 2023) [2023] KEELRC 2912 (KLR) (9 November 2023) (Ruling)

✦ The Court grants leave to the Applicant to file its appeal out of time.

Amalgamated Union of Kenya Metal Workers v JB Motors Limited (Employment and Labour Relations Cause E934 of 2021) [2023] KEELRC 2848 (KLR) (9 November 2023) (Judgment)

✦ The claims for recognition and failure to deduct and remit union dues are dismissed due to lack of proof. The claim for Ephraim Baraza's unlawful termination is dismissed as the claim was not anchored on the pleadings.

Andeyi v Street Children’s Assistance Network of Nakuru (Cause 16 of 2016) [2023] KEELRC 2820 (KLR) (9 November 2023) (Judgment)

✦ The termination of the claimant was found to be unfair and unlawful, and the claimant is awarded a sum of Kshs. 467,982.18.

Uchendu v Smec International Pty Limited & another (Employment and Labour Relations Cause E153 of 2023) [2023] KEELRC 2847 (KLR) (9 November 2023) (Ruling)

✦ The court dismissed the preliminary objection as the parties agreed the contract was governed by Singapore law and disputes would be adjudicated in Singapore courts. The court did not invalidate the choice of forum clause.

Protective Custody Limited v Omukuba (Appeal E036 of 2021) [2023] KEELRC 2817 (KLR) (9 November 2023) (Judgment)

✦ The Trial Court's decision on unfair termination is upheld. The global award of Kshs. 819,898.40 is set aside as the Trial Court did not specify the basis for the award.

Nguru v Co-operative Bank of Kenya Limited (Cause E044 of 2022) [2023] KEELRC 2836 (KLR) (9 November 2023) (Judgment)

✦ The court finds the dismissal unfair and orders the respondent to pay the claimant 19 days' salary, 23 leave days' pay, and compensation for the unfair termination. The claimant is ordered to repay the respondent the amount of Kshs. 2,815,830.38 in loans advanced.

Ochieng v M.P Shah Hospital (Employment and Labour Relations Cause E1073 of 2021) [2023] KEELRC 2838 (KLR) (9 November 2023) (Judgment)

✦ The claimant's employment contract was unlawfully terminated due to lack of due process.

Kenya Aids NGOs Consortium (KANCO) v Okumu (Employment and Labour Relations Appeal 6 of 2023) [2023] KEELRC 2810 (KLR) (9 November 2023) (Judgment)

✦ The appeal is allowed, and the judgment of the trial court is set aside. The Respondent is entitled to a fair and lawful termination.