Kenyan case law
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Martin Musiega Chagali v Alhashmi Restaurant Ltd [2019] KEELRC 906 (KLR)
✦ The Court finds the termination was substantively and procedurally unfair, and awards compensation including three months' salary and one month's notice.
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Abdulahi Mohammed Omar v Energy Regulatory Commission [2019] KEELRC 736 (KLR)
✦ Interim orders granted to prevent dismissal and replacement of employees, reinstatement and compensation granted, and orders for production of documents and CCTV footage confirmed.
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Maurice Kodiwo Odhiambo v Great Lakes University of Kisumu [2019] KEELRC 843 (KLR)
✦ Claimant is entitled to Kshs. 518,400 arrear salary and Kshs. 100,000 in general damages for breach of contract.
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Charles Mukangi Vilembwa v Peter Bonde Nelson T/A Oldonyo Laro Estate Limited [2019] KEELRC 742 (KLR)
✦ The Court finds for the Claimant and awards him compensation for wrongful dismissal, including one month's salary in lieu of notice, annual leave for two years, and compensation for eight months' salary.
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Barnabus Munyinyi Mwai v Directline Assurance Company Limited [2019] KEELRC 739 (KLR)
✦ The termination of the Claimant's employment was unfair and unjustified
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Peter Ochieng Ombendu v Gogni Rajope Construction Limited & another [2019] KEELRC 842 (KLR)
✦ Court finds in favor of the claimant for annual leave for the period June 2012 to August 2013 and 9 days arrear salary for the month of September 2013, totaling Kshs. 36,400.
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Kenya County Government Workers Union v Kisumu Water and Sewerage Company Limited [2019] KEELRC 834 (KLR)
✦ The summary dismissal was unlawful and unfair due to union activities. The refusal to deduct and remit union dues was unlawful. The court ordered reinstatement without loss of salary and benefits.
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Republic v Cabinet Secretary, Ministry of Labour and Social Protection & 2 others Ex Parte George Njoroge Mbothu & 10 others [2019] KEELRC 733 (KLR)
✦ The application must fail and be dismissed in its entirety.
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John Omom Onyango v Polyview Hotel Limited [2019] KEELRC 815 (KLR)
✦ The employment was terminated unlawfully and unfairly, and the claimant is entitled to compensation and other benefits.
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Chemelil Sugar Company Limited v George Omondi Athembo [2019] KEELRC 835 (KLR)
✦ The appeal is dismissed, the learned magistrate's judgment is upheld, and the Appellant is found liable for the injuries sustained by the Respondent.
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Collins Olande v Equator Bottlers Limited [2019] KEELRC 806 (KLR)
✦ The court finds that Steve and Gilbert were not casuals and were summarily dismissed, thus entitled to compensation and service pay. Collins had a fixed term contract and was not summarily dismissed.
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Moses Omondi Owuor v Rev. Rotich, Clement Otieno Oguta And Doroty Onyango (Sued As The Chairman, Secretary & Treasurer Of The Pentecostal & another [2019] KEELRC 831 (KLR)
✦ The claimant's dismissal is dismissed as the relationship did not graduate into a permanent employment relationship.
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Lawrence Mwaura Njoroge v National Police Service Commission [2019] KEELRC 774 (KLR)
✦ The Court reviews its previous judgment and finds that the Petitioner continues to serve in the National Police Service until retirement or removal for any other reason.
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Jenipher Achieng’ Ouko & 13 others v University of Nairobi [2019] KEELRC 769 (KLR)
✦ The application for contempt against the alleged contemnors is dismissed.
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Sammy Murere Biketi v Insteel Limited [2019] KEELRC 710 (KLR)
✦ Claimant was constructively dismissed on December 1, 2014, and is entitled to 21 months' salary, 8 months' compensation for unfair termination, and unpaid leave.
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Benson Ndwiga Njue & 108 others v Central Glass Industries Limited [2019] KEELRC 755 (KLR)
✦ The Court granted a stay of execution on condition that half the decretal sum is released to the Claimants and the other half deposited in an interest earning account held in the joint names of counsels on record within 60 days.
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Alexina Mukasiali Mutsami v The Institute of the Daughters of Mary Help of Christians (Salesian Sisters of St. John Boasco) Maria Romero Children’s Home [2019] KEELRC 768 (KLR)
✦ The dismissal was unfair and unjustified, and the Claimant is entitled to compensation for unlawful and unfair dismissal.
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Rift Valley Railways Workers Union (K) v China Roads Bridges Corporation; Ministry of Labour and Social Protection & another (Interested Party) eKLR [2019] KEELRC 741 (KLR)
✦ The Preliminary Objection raised by the Respondent is dismissed. The Intended 2nd Interested Party is allowed to be enjoined in this claim.
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Atsyaya v Standard Chartered Bank Kenya Limited; Banking Insurance & Finance Union (Interested Party) (Petition 30 of 2018) [2019] KEELRC 743 (KLR) (17 September 2019) (Judgment)
✦ The Petition has no merit and is dismissed.
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Joseph Nyandiko Nyanchama v Kenya Pipeline Company Limited [2019] KEELRC 783 (KLR)
✦ The termination was unfair and unjustified, and the only remedy is reinstatement with back pay.
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Kenya National Private Security Workers Union v Lavington Security Limited [2019] KEELRC 782 (KLR)
✦ The Respondent is found guilty of disobeying the court order and is liable for punishment.
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Clement Muia Kiio v Copy Cat Limited [2019] KEELRC 720 (KLR)
✦ The termination of the Claimant was unfair and unjustified, and he is entitled to 1 month's salary in lieu of notice, 39 days' unpaid leave, 10 months' salary as compensation for unlawful and unfair termination, and costs of the suit.
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Public Transport Operators Union v Rwaken Investment Limited [2019] KEELRC 790 (KLR)
✦ The Court dismisses the Respondent's Preliminary Objection and finds that the Claimant has the capacity to file the suit and that employees have the right to join a union of their choice.
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Kenya Hotels and Allied Workers Union v Barizi Bar and Restaurant [2019] KEELRC 808 (KLR)
✦ The court finds the dismissal unlawful and unfair, and awards compensation of Kshs. 195,670, including six months' compensation and terminal benefits.
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Samson Mutinda Ngui v Social Service League M.P. Shah Hospital [2019] KEELRC 798 (KLR)
✦ The retirement of the Claimant was not illegal or unfair, and the Claimant has no case against the Respondent.