Kenyan case law

Sarah Angienda Oyange v One Heart Children Home & School [2017] KEELRC 948 (KLR)

✦ The Court finds the termination was procedurally unfair and dismisses the case with no order as to costs.

Mary Nangila Wacholonga v Superfoam Company Ltd & another [2017] KEELRC 349 (KLR)

✦ The court ordered the claimant to be reinstated and the respondent to pay notice pay, sick leave, leave pay, underpayments, house allowance, compensation for unfair termination, and costs of the suit.

Boniface Masime Nyasembe v Hashi Energy Limited [2017] KEELRC 839 (KLR)

✦ The application for substitution is granted, and the claimant is allowed to be substituted with Stella Atieno Migai.

Brown Opati Ndiya v Nakuru Industries Limited [2017] KEELRC 935 (KLR)

✦ The Court finds that the Claimant was on fixed term contracts from 2011 up to the time of separation. The Claimant’s contract was not unfairly terminated.

Board of Trustees, National Water Conservation & Pipeline Corporation (NWCPC) Superannuation Scheme v Eldama Ravine Water & Sewerage Company Limited [2017] KEELRC 932 (KLR)

✦ The Court will enter judgment for the Scheme in the sum of Kshs 7,479,072/83 with compounded monthly interest of 3% on the arrears outstanding.

Kenya Hotels and Allied Workers Union v Sunset Hotel [2017] KEELRC 478 (KLR)

✦ The Grievants were not employed on casual terms but on the contrary were regular employees on monthly contract terms by operation of section 37(1) of the Employment Act.

Polycard Mbagaya Mumia v Chairman, Treasurer & Secretary Board of Governors, Saint Ignatius, Mukumu Boys High School [2017] KEELRC 856 (KLR)

✦ The termination of the Claimant's employment was unfair due to lack of fair procedure and valid grounds.

Simon Kagiri Ndirangu v Sigona Golf Limited [2017] KEELRC 464 (KLR)

✦ Application is declined. Statutory deductions are lawful and the respondent is required to provide a statement of payments made in compliance with sections 19 and 20 of the Employment Act, 2007.

Bakery Confectionery Food Manufacturing & Allied Workers Union (Kenya) v Big Bite Bakers & Confectioneries Limited [2017] KEELRC 946 (KLR)

✦ The Court finds no merit in the Union's case and dismisses the Memorandum of Claim with costs.

Kenya Engineering Workers Union v Aluminium Kenya Limited [2017] KEELRC 947 (KLR)

✦ The Court found in favor of the Kenya Engineering Workers Union, stating that the Respondent has not complied with the conditions required by Section 48 of the Labour Relations Act 2007 and that the Union has fulfilled the conditions required by Section 48 of the Labour Relations Act 2007.

Andrew Tubei Malati v Enock Kibunguchy [2017] KEELRC 816 (KLR)

✦ The termination of the Claimant's contract was unfair, both procedurally and substantively.

John Maina Wahome v Vegpro (K) Ltd-Kitawi Farm [2017] KEELRC 901 (KLR)

✦ The court awards the claimant Kshs.42,000/= for salary and house allowance, one month pay in lieu of notice, and a certificate of service.

Miriam Wambui Thiriku v Bomas of Kenya [2017] KEELRC 929 (KLR)

✦ Claimant's actions were not a case of discrimination, actions were unfair labour practices

Chumbani Sudi v Franklyn Mramba (Civil Case 293 of 2012) [2017] KEELRC 954 (KLR) (18 July 2017) (Judgment)

Kenya Plantation & Agricultural Workers Union v Kakuzi Limited [2017] KEELRC 912 (KLR)

✦ The Court granted the ex-parte injunctive orders restraining the Respondents from terminating, dismissing, suspending, or locking out Mr. David Ndambuki pending the hearing and determination of the application.

Peter Mwangi Mura [suing on his own behalf and on behalf of others] v Anthony Oluoch t/a A.T. Oluoch & Co. Advocates & 2 others [2017] KEELRC 339 (KLR)

✦ The court finds the applicants are entitled to a full and transparent breakdown of payments made under the consent order, but there is no evidence of a remuneration agreement prior to the consent order.

Noah Omburo & 62 others v Apex Vision Limited [2017] KEELRC 350 (KLR)

✦ The court will not issue orders restraining the respondent from terminating, suspending, or declaring the claimants redundant. The claimants' unionization rights are recognized, but the court cannot address the specific termination or suspension of employment without specific evidence.

Patrick Kiilu Munyau v Thika Nursing Home [2017] KEELRC 427 (KLR)

✦ Application dismissed with costs

Joseph Wachira Kimani v Dataguard Distributors Limited [2017] KEELRC 1002 (KLR)

✦ The termination was not unfair or unlawful, and the claimant is not entitled to the prayers for unpaid commissions, performance pay, and leave days.

Edwin Mbugua Waweru v Presbyterian University of East [2017] KEELRC 995 (KLR)

✦ The Court finds in favor of the Claimant and orders the payment of gratuity as computed by the Respondent's Human Resource Manager.

Purity Mwonjoria Kamuruci v Nyandarua County Assembly Service Board [2017] KEELRC 1015 (KLR)

✦ The dismissal was found to be unfair and the Petitioner is awarded compensation.

Roselyn Sisiali Wekesa v Konrad Adenauer Foundation & another [2017] KEELRC 1019 (KLR)

✦ The court finds that the respondent failed to prove the reason for terminating the petitioner's employment and that the termination was unfair.

Erickson Matunda Omoyo v Gajipara Builders Limited [2017] KEELRC 969 (KLR)

✦ The Court dismisses the Respondent's application for stay of execution and orders that the decretal sum be released to the Claimant if a stay is not granted by the Court of Appeal within 10 days.

Jotham Barasa Lusasi v Kenyatta National Hospital [2017] KEELRC 986 (KLR)

✦ The Court lacks jurisdiction to extend time once the period limited by the Act for filing cases based on the Act or employment contracts generally has lapsed.

Muema Mutia Yuuma v Somstar Timberwork Limited [2017] KEELRC 1000 (KLR)

✦ Termination was unfair, and the Respondent is ordered to pay severance pay, notice pay, and compensation for unfair termination.