Kenyan case law

ZADOCK LIYOSI MMBERA V ST. MARK\'S CHURCH WESTLANDS [2013] KEELRC 421 (KLR)

✦ The termination was unfair due to lack of due process, and the Court awards 5 months' salary as compensation for unfair termination, 1 month's pay in lieu of notice, and salary for 14 days worked in June 2011.

Titus Nyongesa Masinde v County Governor Bungoma County [2013] KEELRC 843 (KLR)

✦ The court declines to grant the applicant orders already sought as the issues he wants to litigate on have already been determined and are res judicata.

Keneddy Mwakha Munyeti v Wilson Rading Otieno [2013] KEELRC 65 (KLR)

Amalgamated Union of Kenya Metal Workers v Civicon Limited [2013] KEELRC 78 (KLR)

Tailors & Textiles Workers Union v Global Apparels Limited [2013] KEELRC 194 (KLR)

✦ The application is allowed, and the court orders a stay of execution of the award of Justice Chemuttut and vacates the order dismissing the applicant's application.

REBECCA NDUTA NGURE V INVESCO ASSURANCE COMPANY LIMITED [2013] KEELRC 434 (KLR)

✦ The preliminary objections raised by the respondent are dismissed and the suit is to take its normal course.

Maureen Anyango Oote v Kittony Maina Karanja [2013] KEELRC 69 (KLR)

Joel Oreri Mogire v Abdul Hussein T/A Sunshine Cafe Nakuru [2013] KEELRC 768 (KLR)

✦ The claimant was constructively terminated from employment and is entitled to a declaration of unfair dismissal, Kshs.173,890 in damages, and costs.

Thomas Midiwo Warega Ongoro v Hillcrest Investments Limited [2013] KEELRC 3 (KLR)

✦ The court grants leave to proceed with the claim and does not refer the matter to arbitration.

WANJIRU THIMBA v PLACID VIEW PROPERTIES LTD [2013] KEELRC 473 (KLR)

✦ Termination was unfair, and the Respondent is ordered to pay Thimba compensation and arrears of salary and allowances.

KENYA PLANTATION AND AGRICULTURAL WORKERS UNION V EXPRESSIONS FLORA LIMITED [2013] KEELRC 343 (KLR)

✦ The court holds that the regime under sections 48 and 49 of the Labour Relations Act, 2007, does not violate the negative right of the affected employee not to form, join or participate in trade union activities.

Surjit Singh & Malkit Singh v Kenya Union Of Sugar Plantation & Allied Workers [2013] KEELRC 658 (KLR)

✦ The application is dismissed with costs to the respondents.

John Ojwang Atieno & 13 others v Migori County Government & another [2013] KEELRC 927 (KLR)

✦ Claimants' case is established and an injunction is granted to compel payment of salaries and prevent termination of employment

William Sammy Masila v Twiga Construction Company Limited [2013] KEELRC 43 (KLR)

✦ The court finds that the termination of the claimant's employment was wrongful, unfair, and unlawful. The claimant is entitled to one month's salary in lieu of notice, payment in lieu of untaken leave, and six months' compensation for unfair termination.

SETH NAMUNYANYI MAHIGA V HEALTHY U 2000 LIMITED [2013] KEELRC 344 (KLR)

✦ The Claimant was employed on 2nd August 2008 as a Health Advisor.

Zachariah Sambay v Narok University College [2013] KEELRC 548 (KLR)

✦ The Court orders the stay of execution of the award to be rejected, and the Claimant is placed at liberty to execute the award.

Samuel Iteba Onsare v Travellers Beach Hotel [2013] KEELRC 50 (KLR)

✦ The application for review is dismissed as the court found no evidence of the Claimant's union membership and the Respondent's claim is against the weight of evidence.

James Odero Mwanika v N. M. Shah [2013] KEELRC 700 (KLR)

✦ The claimant's employment was verbally terminated on the evening of 14.03.2013, and the termination was unfair. The court finds that the claimant is entitled to six months' salary and other remedies as prayed for.

Kenya Plantation & Agricultural Workers’ Union v Roseto Flowers [2013] KEELRC 587 (KLR)

✦ Declaration of wrongful dismissal and compensation awarded

Patrick Mutua Maundu v Gilfilian Air Conditioning Ltd [2013] KEELRC 74 (KLR)

SAMUEL WAWERU MAINA v THE TRUSTEES OF SISTERS OF MARY IMMACULATE, KENYA [2013] KEELRC 441 (KLR)

✦ The termination of the claimant was unlawful and unfair.

Irene Chepngeno v Hi-Tech Opticians [2013] KEELRC 960 (KLR)

✦ Claimant is entitled to Kshs.193,333.30 for underpayments, Kshs.33,333.30 for annual leave, Kshs.30,000.00 for maternity leave, and Kshs.130,000.00 for compensation under Employment Act, 2007. The respondent is ordered to pay costs of the suit.

Kenya Plantation & Agricultural Workers Union v Plantation Plants (K) Limited [2013] KEELRC 115 (KLR)

✦ The court has found a Notice of Appeal dated 5th July, 2013 and filed on 8th July, 2013 with respect to the decision of the court delivered on 19th March, 2013 and 26th June, 2013.

Tailors & Textiles Workers Union v New Wide Garments Kenya (EPZ) Limited [2013] KEELRC 925 (KLR)

✦ The respondent has failed to comply with the Labour Relations Act and the court directs the respondent to deduct agency fees and make the payments as per the Gazette Notice.

George Nyabira Nyatama & 3 Others v Gusii Mwalimu Co-Operative Savings &Credit; Society Ltd [2013] KEELRC 610 (KLR)

✦ The respondents' decision to retire the claimants prematurely was unlawful and unfair.