Kenyan case law

Maclyson Musundi Masiga v Wells Fargo Ltd [2020] KEELRC 965 (KLR)

✦ The termination was procedurally tainted and substantively unfair.

Kenya Union of Commercial Food & Allied Workers v Kenya Meat Commission [2020] KEELRC 896 (KLR)

✦ The disciplinary process was declared unlawful and null and void due to its procedural violation of the Labour Relations Act's dispute resolution machinery.

James Omwoyo Nyangau v Heritage Insurance Company Ltd (Cause 1196 of 2015) [2020] KEELRC 867 (KLR) (Employment and Labour) (5 June 2020) (Judgment)

✦ The Court upholds the plea of res judicata and dismisses the Statement of Claim with costs to the Respondent.

Janta Kenya Limited v Millicent Achieng Otieno [2020] KEELRC 976 (KLR)

✦ The Court granted the Appellant leave to appeal out of time and directed the Appellant to file submissions by 3 July 2020, the Respondent to file submissions by 3 August 2020, and to appear on 3 August 2020 for confirmation of compliance or further directions.

Brian ombaso v Mall to Mall Designs Limited [2020] KEELRC 968 (KLR)

✦ The claimant's application is dismissed, and the preliminary objection filed by the respondent is upheld.

James Muchene Mbugua v Quorandum Limited [2020] KEELRC 946 (KLR)

✦ Claimant was constructively dismissed and Respondent was in breach of contract. Claimant is awarded compensation, salary in lieu of notice, unpaid salaries, and outstanding leave.

Mohamed Khamis Hemed v Almasi Beverages Limited [2020] KEELRC 950 (KLR)

✦ The claimant's application filed on 27.11.2019 is hereby dismissed with orders that each party to bear own costs of the application.

Joshua Nyakundi Nyageko v Barclays Bank of Kenya Limited (Cause 882 of 2015) [2020] KEELRC 904 (KLR) (Employment and Labour) (5 June 2020) (Judgment)

✦ The termination was valid as the claimant was negligent in processing transactions above his authorization limit.

Johnson Ouma Obodho v HK Builders & General Contractors Limited [2020] KEELRC 910 (KLR)

✦ The court dismissed the appeal and upheld the decision of the trial court.

Isaac Juma Kasera & 10 others v Bidco Oil Refineries Limited [2020] KEELRC 947 (KLR)

✦ The court allowed the amendment of the memorandum of claim but excluded the 12th claimant and ordered the parties to take steps for the expeditious hearing and determination of the suit.

Paul Okumu Onyango v Kenya Airways Limited [2020] KEELRC 863 (KLR)

✦ The Claimant's termination was justified and the termination was procedural. The Claimant is entitled to the reliefs sought.

Anne Kahiri v Rusinga Investments Company Limited [2020] KEELRC 898 (KLR)

✦ The Court held that the summary dismissal was unlawful and in breach of natural justice and the terms of the claimant's contract.

Erick Onyango K’omolo v Kenyatta University; Universities Academic Staff Union (KU Chapter) (Interested Party) [2020] KEELRC 944 (KLR)

✦ The application is dismissed with orders to encourage compromise and expedite the main suit.

Julia Cooper Rust v Academy of Dance & Arts Limited [2020] KEELRC 951 (KLR)

✦ The Court finds that the counterclaim was not filed as an abuse of court process and grants the claimant special damages of Kshs. 12,255,471.00.

Teachers Service Commission v Jane Awino Owoko [2020] KEELRC 961 (KLR)

✦ The Court grants leave to appeal out of time and stays the proceedings pending the hearing of the appeal.

Kenya Union of Commercial Food and Allied Workers v Kenya Meat Commission [2020] KEELRC 900 (KLR)

✦ The Court finds that the grievants are entitled to gratuity payment based on the basic pay and house allowance as agreed upon by the parties.

George K Kangethe v Ziwa Garments and Apparels Limited [2020] KEELRC 899 (KLR)

Job Onyikwa Nyambarora v Lake Gas Limited [2020] KEELRC 868 (KLR)

✦ The court finds no employment relationship between the parties and strikes out the suit.

Paul Kimeto Cheruiyot v Governor Narok County & 3 others [2020] KEELRC 972 (KLR)

✦ The petition is dismissed in its entirety.

Elly Ayieko Gwara v Evans Sunrise Mdical Center [2020] KEELRC 962 (KLR)

✦ Judgment is entered for the claimant against the respondent for procedural unfairness, compensation of Ksh.24,000, and notice pay of Ksh.9,024.

Alfred Langat v Carzan Flowers (K) Limited [2020] KEELRC 974 (KLR)

✦ The claimant's employment was terminated lawfully by the expiration of the contract, and there was no unfair termination. The claimant's claims for compensation, notice pay, and underpayments are dismissed.

Nelson Nyangaresi Bosire v Board of Management Sacred Heart Boys Secondanry School, Rongai, Nakuru & 3 others [2020] KEELRC 948 (KLR)

✦ The petition is found without merit and dismissed.

Caroline Nyakerario v Seo & Son Limited; Cause No. 149 of 2017 – Samuel Wambugu Gitonga & 12 others [2020] KEELRC 945 (KLR)

✦ Judgment is entered for the claimant against the respondent

Ali Indraya Obondo & another v Kapi Limited [2020] KEELRC 885 (KLR)

✦ The court finds no merit in the claims and dismisses the suit in its entirety.

Peter Wambani v Bethuel Ndung’u t/a Maji Pump Ventures [2020] KEELRC 977 (KLR)

✦ The claimant's termination was lawful and fair, and the claimant's claims for various dues are dismissed.