Kenyan case law
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Moiki v Ragos Trading Company Ltd (Cause E478 of 2023) [2024] KEELRC 2649 (KLR) (31 October 2024) (Ruling)
✦ The Notice of Preliminary Objection is upheld, and the case is transferred to the Chief Magistrates Milimani Commercial Courts.
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Karisa v Co-operation Group Company Limited & another (Appeal E017 of 2024) [2024] KEELRC 2686 (KLR) (31 October 2024) (Judgment)
✦ The court held that the trial court had addressed jurisdiction with finality and delivered a ruling, and that the respondent had no jurisdiction to hear the work injury claim under the Work Injuries Benets Act (WIBA) of 2007.
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Kinuthia v Insta-Pumps Engineering Limited (Cause 541 of 2019) [2024] KEELRC 2673 (KLR) (31 October 2024) (Judgment)
✦ Termination was declared unfair, and the Respondent was ordered to pay the Claimant 5 months' salary in compensation for unfair termination, 6 months' salary arrears, and 3 months' notice.
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Mutonyi-Sakuda v Board of Governors, St Andrew's School, Turi (Cause E680 of 2020) [2024] KEELRC 2672 (KLR) (31 October 2024) (Judgment)
✦ The Court declared the termination and non-renewal of the contract unfair, unlawful, and in violation of the implied duty of good faith and fair dealing, and of the Claimant's right to fair labour practices.
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Bwanchete v Chief Officer Medical Services, Public Health & Sanitation Kisii County & 2 others (Judicial Review E019 of 2024) [2024] KEELRC 2660 (KLR) (30 October 2024) (Ruling)
✦ The application is dismissed as the transfer was already made and the withholding of salary was addressed in a previous case.
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Muigai v Equity Bank Kenya Limited (Cause E160 of 2021) [2024] KEELRC 2684 (KLR) (30 October 2024) (Judgment)
✦ The termination was not unfair, and the reasons for termination were valid and fair.
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Machayo v Jets Bar & Restaurant (Miscellaneous Case E105 of 2023) [2024] KEELRC 2650 (KLR) (30 October 2024) (Ruling)
✦ The application is allowed with certain conditions
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Nguti v Hallmark Advertising & Marketing Limited & 2 others (Cause E476 of 2023) [2024] KEELRC 2666 (KLR) (30 October 2024) (Ruling)
✦ The preliminary objection is dismissed with orders that each party bears their costs.
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Nyangweso v Autosterile (EA) Limited (Cause 150 of 2020) [2024] KEELRC 2691 (KLR) (30 October 2024) (Judgment)
✦ The contract of service ended when the respondent accepted the claimant's voluntary resignation. The claimant is not entitled to compensation for unfair termination. The claims for overtime and house allowance are unjustified.
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Kenya Electrical Trades & Allied Workers Union v Kenya Power & Lighting Company Ltd (Cause E603 of 2022) [2024] KEELRC 2694 (KLR) (30 October 2024) (Judgment)
✦ The Court finds the termination unlawful and unfair and awards compensation and costs.
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Kenya Engineering Workers Union v Napro Industries Limited (Cause 1563 of 2018) [2024] KEELRC 2665 (KLR) (30 October 2024) (Judgment)
✦ The Court finds a case for the Claimant and orders the Respondent to continue complying with the mandatory provision of the law by deducting and remitting union dues, to allow outsourced employees to enjoy terms and conditions as per the Negotiated CBAs, and to treat outsourced employees as union members.
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Kenya Engineering Workers Union v Soham Singh Josh and Sons Limited (Cause 1378 of 2018) [2024] KEELRC 2654 (KLR) (30 October 2024) (Judgment)
✦ The termination of the employment of the grievant by the Respondent was wrongful, unfair and unlawful.
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Nanji v Kamene (Cause E193 of 2023) [2024] KEELRC 2655 (KLR) (30 October 2024) (Ruling)
✦ The court grants the application with conditions.
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Republic v Board of Directors, Agriculture & Food Authority & 3 others; Gikonyo (Nuts and Oil Crops Directorate) & 6 others (Interested Parties); Kiume (Exparte Applicant) (Judicial Review Application E027 of 2024) [2024] KEELRC 2701 (KLR) (30 October 2024) (Ruling)
✦ The preliminary objection is dismissed with costs, and the parties are directed to proceed with the expeditious hearing and determination of the petition.
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Republic v Kenya Pipeline & Lighting Company Limited; Kaluli (Exparte Applicant) (Judicial Review Application E022 of 2024) [2024] KEELRC 2699 (KLR) (30 October 2024) (Judgment)
✦ The proceedings are hereby dismissed and each party to bear own costs of the proceedings.
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Hindira v Universal Corporations Limited (Cause E769 of 2022) [2024] KEELRC 2845 (KLR) (30 October 2024) (Judgment)
✦ Dismiss the claim with orders that each party bears their costs.
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Kamau v Track & Trace Company Limited (Cause E238 of 2022) [2024] KEELRC 2846 (KLR) (30 October 2024) (Judgment)
✦ Claimant is not entitled to relief as he lost the case of unlawful termination of employment.
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Angule v Innovation for Poverty Action (Kenya) "IPA (K)" (Petition E082 of 2024) [2024] KEELRC 2682 (KLR) (30 October 2024) (Ruling)
✦ Petition is not trapped by the doctrine of constitutional avoidance
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Kenya Union of Commercial, Food and Allied Workers v Kiambaa Dairy Farmers Cooperative Union Limited (Appeal 36 of 2019) [2024] KEELRC 2664 (KLR) (30 October 2024) (Judgment)
✦ The Court finds a case of lawful termination of employment and dismisses the claim with orders that each party bears their costs.
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Mugoh v Teachers Service Commission & another (Petition E096 of 2024) [2024] KEELRC 2702 (KLR) (30 October 2024) (Ruling)
✦ The petition is statute barred pursuant to the provisions of section 90 of the Employment Act as read together with section 3(2) of the Public Authorities Limitation Act.
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Kamanja & 28 others v Board of Management Highway Secondary School (Cause 192 of 2018) [2024] KEELRC 2693 (KLR) (30 October 2024) (Ruling)
✦ The application is dismissed with costs.
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Mburu v Technical and Vocational Education and Training Authority; Public Service Commission & 2 others (Interested Parties) (Petition E187 of 2023) [2024] KEELRC 2680 (KLR) (30 October 2024) (Judgment)
✦ The petition is dismissed as the petitioner failed to establish contravention or threatened contravention of rights and fundamental freedoms. The respondent is not culpable and liable.
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County Government of Wajir & another v Public Service Commission (Judicial Review Application E048 of 2024) [2024] KEELRC 2700 (KLR) (30 October 2024) (Ruling)
✦ The application is dismissed, and each party is to bear their own costs.
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Abdulkadir v Silverstar Automobiles Limited (Cause E335 of 2022) [2024] KEELRC 2683 (KLR) (30 October 2024) (Judgment)
✦ The Court finds that there was no termination and the related claims for unfair termination and compensation will collapse.
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Mbuthia v Raa Limited (Petition 225 of 2021) [2024] KEELRC 2681 (KLR) (30 October 2024) (Judgment)
✦ Petition dismissed