Kenyan case law

EVANS AGULO OVONYOLI V H. YOUNG COMPANY LTD [2013] KEELRC 491 (KLR)

✦ Dismissal was unlawful and unfair, and the Respondent is ordered to pay compensation.

IBRAHIM MOMANYI OKERI V KENYA FORESTRY RESEARCH INSTITUTE [2013] KEELRC 354 (KLR)

✦ The Court granted the interim injunction

John Osewe Ogola & 46 others v Raghbir Singh Sadhu [2013] KEELRC 663 (KLR)

✦ Hotel Royale was managed by Raghbir Singh Sadhu and his brother Baghbir, who were employers of the claimants. The respondents are estopped from denying the employee/employer relationship and are liable to pay the claimants their dues.

James Chege & 6 others v Aqua Plumbing Company Limited [2013] KEELRC 622 (KLR)

✦ The Court finds that the termination of each of the Claimants was unfair and awards compensation accordingly.

Edward Mdungu v Thika Coffee Mills [2013] KEELRC 30 (KLR)

Francis Wabichi Burundi v Taidy’s Restaurant [2013] KEELRC 906 (KLR)

✦ The termination was unfair and the claimant is entitled to nine months' gross salary as compensation.

Fanuel Ogutu Akali v Wameer Wholesalers And Distributors Limited & another [2013] KEELRC 769 (KLR)

✦ The claimant's employment was constructively and unfairly terminated, and he is entitled to a declaration, compensation, and the certificate of service.

FRANCIS NZANGI KIVUVA v MR. SIMON MAINA GACHIE [2013] KEELRC 333 (KLR)

✦ Claimant is entitled to the difference in pay for the months he received less than the statutory minimum, totaling Kshs. 59,111.

The Kenya Plantation & Agricultural Workers Union v Carnation Plants Limited [2013] KEELRC 534 (KLR)

✦ The Court finds the claim for recognition, deduction, and remission of trade union dues to have overwhelming support in evidence and law.

Simiyu Kibengo Godfrey v Private Safaris (E.A) Limited [2013] KEELRC 831 (KLR)

✦ The termination of the Claimant's employment was unfair, and he is awarded 8 months' pay in compensation.

Sensations Limited v Carlene Kalunde Lombo [2013] KEELRC 833 (KLR)

✦ The Court finds for the Claimant and orders the Respondent to pay the sum of Kshs.32,000 as one month salary in lieu of notice and Kshs.152,724 as refund for the cost incurred for the training.

Teachers Service Commission v Kenya National Union of Teachers & 2 others [2013] KEELRC 656 (KLR)

✦ The strike was not called off, and the union and its members were held in contempt of court.

Benson Njuguna v Postal Corporation Of Kenya [2013] KEELRC 37 (KLR)

Abubakar Kilwa Omar v Seafarers Union Of Kenya [2013] KEELRC 561 (KLR)

Charles Kambo Wamai v Bamburi Cement Ltd [2013] KEELRC 173 (KLR)

John Kimemia Gitau v Unilever Tea Kenya Limited [2013] KEELRC 661 (KLR)

✦ The termination of the claimant's employment by the respondent was unlawful.

Humphrey Riungu Mukira v Speed Steam World Ltd [2013] KEELRC 71 (KLR)

Florence Syokaumuli & another v Vegpro (K) Limited [2013] KEELRC 169 (KLR)

✦ The court declared that the termination of the claimants' employment was arbitrary, unfair, unlawful, and inhuman, and ordered the payment of terminal dues and compensatory damages.

Harrison Meshack Lusimbo & another V Mareba Enterprises Limited [2013] KEELRC 479 (KLR)

✦ The Claimant is entitled to 1 month's salary in lieu of notice and other terminal benefits.

Allan Mwasoke Checha & others v M.J. Clerk Ltd [2013] KEELRC 209 (KLR)

HUMPHREY MAIKUMA HOLI V DE LA RUE CURRENCY AND SECURITY PRINT LIMITED [2013] KEELRC 241 (KLR)

✦ The claim was filed out of time and has no legal validity. The Court does not have jurisdiction to hear the claim.

FRANKLINE MUREITHI MWANIKI V EQUITORIAL NUT PROCESSORS [2013] KEELRC 365 (KLR)

✦ The court awards the claimant the sum of Kshs.237,654 as compensation for unfair termination of his employment and related claims as set out in his statement of claim.

Gladys Kakai v Pan Africa Chemicals Limited [2013] KEELRC 104 (KLR)

✦ The termination of the claimant’s employment was unfair, wrongful and unlawful.

Jackson Ngure Gathuka v Timsales Limited [2013] KEELRC 631 (KLR)

✦ Judgment is entered for the respondent against the claimant for dismissal of the memorandum of claim with costs.

JOHN MBURU KAMAU V KENYA SAFARI LODGES [2013] KEELRC 469 (KLR)

✦ The Court finds in favor of the Claimant on the payment of terminal dues and damages.