Kenyan case law

Keziah Nduta Kiema & 10 others v Lions Niru Shah (Chairman, Lions School Management Board) [2016] KEELRC 981 (KLR)

✦ The Respondent's motion for interest on the decretal amount is dismissed with costs to the Claimants

James O Oloo v Tana and Athi River Development Authority [2016] KEELRC 964 (KLR)

✦ The Court declared that the Claimant's dismissal was wrongful and in violation of statutory and constitutional provisions.

Luke Okoba Busily v Vipin Patel t/a Manshi Enterprises [2016] KEELRC 587 (KLR)

✦ The application is dismissed with costs as no reasonable ground has been established for the failure to attend court.

John Rono v Kerio Valley Development Authority [2016] KEELRC 969 (KLR)

✦ The dismissal was procedurally unfair but substantively fair.

Collins Otieno Owino v Rift Valley Agencies Ltd [2016] KEELRC 979 (KLR)

✦ The Court finds no merit in the Claimant's claims and dismisses the Memorandum of Claim with costs to the Respondent.

Dickson Matingi v Db Schenker Limited [2016] KEELRC 976 (KLR)

✦ The dismissal was lawful and the Claimant is not entitled to the remedies sought.

Ndoro Kaka Kakondo v Salt Manufacturers [K] Limited [2016] KEELRC 984 (KLR)

✦ The appeal on the order for damages granted at Kshs. 300,000 is declined. The appeal on negligence and apportionment of liability is allowed. Liability shall be borne by the Respondent at 100%, with the effect that the Respondent pays to the Appellant 40% of Kshs. 800,000, at Kshs. 320,000, being the balance of general damages. The appeal on assessment of damages for loss of future earning capacity and/or diminished earning capacity is rejected. Parties to bear their costs of the Appeal.

Antony Muthama Musila v Hotel Intra-Africa Limited [2016] KEELRC 980 (KLR)

✦ The main claim will proceed to hearing, and the issue of jurisdiction remains live.

Said Ochieng Odhiambo v Randa Coach Limited [2016] KEELRC 983 (KLR)

✦ Termination was unfair and the Respondent is ordered to pay compensation and other benefits

Charles K.W. Masinde v Intergovernmental Authority On Development [2016] KEELRC 967 (KLR)

✦ The main claim will proceed to hearing, and the parties are at liberty to adduce evidence on the subject matter of the objection.

Banking Insurance & Finance Union (Kenya) v Pesa Transact Limited [2016] KEELRC 975 (KLR)

✦ The Claimant's application is declined with costs being in the cause.

Elvis Isangi Mwandembo & 71 others v Devki Steel Mills Limited & another [2016] KEELRC 1810 (KLR)

✦ The Court finds that the Claimants were not in continuous service for the years given in the present Claim due to the interruptions in the operations of the 1st Respondent.

Mary Andeso Mulusah v African Trade Insurance Agency [2016] KEELRC 972 (KLR)

✦ The court declines to overrule or sustain the Respondent's objection and directs the claim to proceed to full hearing.

Karisa Charo Kiraga v Crown Petroleum [Kenya] Limited [2016] KEELRC 992 (KLR)

✦ Termination was unfair, but the Claimant's conduct contributed to termination. He is granted a minimal 1 month salary in compensation for unfair termination at Kshs. 25,000; notice pay at Kshs. 25,000; and annual leave pay at Kshs. 71,600.

Eliud Chikati v Chairman, B.O.G. Friends School Bokoli & another [2016] KEELRC 752 (KLR)

✦ The dismissal was procedurally and substantively unfair, and the court awards 12 months gross salary as compensation.

Andrew Waire Ndunu v Express Automation Limited [2016] KEELRC 895 (KLR)

✦ The Court found that the dismissal was not wrongful and that the Claimant is not entitled to the relief sought.

Hesbon Ayuya Oyolo & 2 others v Executive, County Government of Kakamega & another [2016] KEELRC 759 (KLR)

Ishak Mohamed v Libyan Embassy [2016] KEELRC 421 (KLR)

✦ The Court dismisses the application to strike out the memorandum of claim

Premier Bag & Cardage Limited v Peter Wakabu Wachie [2016] KEELRC 1001 (KLR)

✦ The application for stay of execution is granted, with the condition that half of the decretal amount is released to the Respondent within 14 days and the balance deposited in an interest-earning account held in the joint names of the Counsels/Parties on record within 30 days.

Alividza Akatsa Georgina & 3 others v IEBC [2016] KEELRC 887 (KLR)

✦ The Court allowed the application to introduce the document, finding that the Claimant's counsel's mistake was not a valid reason for the late introduction of the evidence.

Jumaa Beja Mzungu v Mini Bakeries Limited [2016] KEELRC 1007 (KLR)

✦ Claimant's claim for notice pay, compensation, and annual leave pay is dismissed. Claimant's prayer for declaration that termination was unfair is also dismissed.

Rashid Juma Rubia v Palm Creek Academic Services Limited [2016] KEELRC 1004 (KLR)

✦ The Claimant left employment voluntarily, and the Respondent is ordered to pay Kshs. 66,000 in arrears of house rent allowance and Kshs. 22,000 in notice pay.

Kenya Union Of Printing, Publishing, Paper Manufacturing And Packaging Industries [Kupripupa Workers] v Mfi Documents Solutions [2016] KEELRC 993 (KLR)

✦ The Court ordered the Respondent to unconditionally reinstate Mr. Eric M. Njiru, withdraw the transfers, deduct and remit trade union dues, and sign the Recognition Agreement with the Claimant Union.

Margaret Nyaruai Theuri v National Police Service Commission [2016] KEELRC 1024 (KLR)

✦ The court finds that the NPC's procedure for reviewing applications is within its authority but must meet the ends of justice. The applicant is entitled to legal representation during the proceedings, and the remedies of certiorari and mandamus are available.

Boniface Mulandi v Ali Barbours Restaurant Limited [2016] KEELRC 1021 (KLR)

✦ The Court finds in favor of the claimant, holding that the respondent dismissed the claimant without a valid reason and without following a fair procedure.