Kenyan case law

Raymond Mboya Ndiege v Attorney General & 2 others [2019] KEELRC 788 (KLR)

✦ The termination of the Claimant's employment was unfair and unjustified, and the Claimant is awarded 1 month's salary in lieu of notice, unpaid salary, service pay, and other compensations.

Jacob Aluoch Rangi v Board of Management Luora Secondary School [2019] KEELRC 771 (KLR)

✦ The court finds that the claimant shall be greatly prejudiced for no fault of his own if the dismissal is not set aside and grants the application provided the claimant pays wasted costs.

Henry Athimbu Kurauka Advocate v Celestine Mwenda Munene [2019] KEELRC 912 (KLR)

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.

Judith Achitsa Omani v Chairman and Secretary of the Board of Management St. Charles Lwanga Secondary School Mukumu [2019] KEELRC 824 (KLR)

✦ The court finds the contract expired by effluxion of time and the termination was not for a valid reason and did not follow a fair procedure.

Anselmus Onyango Obumba v Maurice Ongonya & another [2019] KEELRC 820 (KLR)

✦ The court finds that the termination was for a valid reason and that a fair procedure was followed. The claimant is entitled to Kshs. 70,000 in lieu of notice and half salary during suspension.

Emmanuel Alusa v Parbat Siyani Construction Ltd [2019] KEELRC 908 (KLR)

✦ The Court finds the termination of the Claimant's employment was unfair and awards him salary in lieu of notice, compensation, and service pay.

Kenya National Private Security Workers’ Union v Hatari Security Limited [2019] KEELRC 776 (KLR)

✦ The Court found in favor of the Claimant, ordering the Respondent to allow union members access, issue employment letters, pay wages and statutory deductions, and remit union dues.

Dennish Owino Omega v Mumias Sugar Company Limited [2019] KEELRC 817 (KLR)

✦ The court found the dismissal unlawful and unfair, and awarded compensation equivalent to five (5) months salary in the sum of Kshs. 778,665.

Banking, Insurance & Finance Union v Co-operative Bank of Kenya Ltd [2019] KEELRC 911 (KLR)

✦ The Court finds the dismissal unfair and not in accord with justice and equity, and awards compensation of Kshs 218,619.

Richard Ogwenoh Oyare v Icea Lion Life Assurance Company Limited [2019] KEELRC 747 (KLR)

✦ The Court finds the redundancy unfair for lack of valid reasons and failure to follow procedure.

Shadrack Olindi Esikote v East African Packaging Industries Limited [2019] KEELRC 804 (KLR)

✦ Claimant was unfairly and unlawfully terminated and awarded compensation and notice pay

Josephine M. Ndungu & others v Plan International Inc [2019] KEELRC 663 (KLR)

✦ The Court held that the termination of employment was fair and lawful, and the claimants are not entitled to compensatory damages.

Kenya National Union of Teachers v Teachers Service Commission [2019] KEELRC 2579 (KLR)

✦ The Preliminary Objection is dismissed and the parties are allowed to proceed with the application on its own merit.

Edith Mumbi Kamau v Principal Secretary, Ministry of Interior and Coordination of National Government & another [2019] KEELRC 916 (KLR)

✦ Interdiction and dismissal were unfair; claimant is entitled to withheld half salaries, reinstatement, and payment of costs.

Khaemba v Chief Justice and President of the Supreme Court of Kenya & another (Petition 100 of 2019) [2019] KEELRC 917 (KLR) (30 August 2019) (Judgment)

✦ The court held that the petition was not incompetent due to the failure to join the Attorney-General as a party. It also found that the suspension was unconstitutional and ordered the reinstatement of the petitioner's employment.

Peter Hilary Odhiambo v Attorney General on behalf of the Ministry of Interior and Coordination of National Government [2019] KEELRC 913 (KLR)

✦ The claimant's suit is time barred as it was filed outside the 3 years of limitation period prescribed by the Employment Act, 2007.

Esther Mbinya Musau v National Bank of Kenya Limited eKLR [2019] KEELRC 914 (KLR)

✦ The Court finds the termination unfair and declares it as such. The claimant is awarded 10 months' salary as compensation for unfair termination. The claimant is also awarded a certificate of service and the costs of the suit.

Okiya Omtata Okoiti v Cabinet Secretary, for Information,Communication and Technology & 2 others; Mahmoud Mohamed Noor & 6 others (Interested Parties) [2019] KEELRC 927 (KLR)

✦ The court held that the Employment and Labour Relations Court has jurisdiction to hear the application and determine the constitutionality of the appointments.

Wilson Remoi Lule v Attorney General (Cause 294 of 2016) [2019] KEELRC 955 (KLR) (Employment and Labour) (2 August 2019) (Judgment)

✦ The Court found that the claim is time barred due to the limitation period in the Public Authorities Limitation Act, and the employment termination was not unfair.

Omwenga Joseph Chanai & 26 others v Jack and Jill Supermarket Limited [2019] KEELRC 928 (KLR)

✦ The Court held that the loss of employment was not due to redundancy and thus the claimants are not entitled to the reliefs sought.

Lauren International Flowers Limited & V. Chokaa and Company Advocates v V Chokaa t/a V Chokaa and Company Advocates & Lauren International Flowers Limited (Miscellaneous Application 71, 73, 74, 75, 76 & 77 of 2018) [2019] KEELRC 954 (KLR) (Employment and Labour) (2 August 2019) (Ruling)

✦ Allow the reference, set aside the ruling of the Taxing Master, declare that Applicant settled the Respondent's fees in full.

Jonathan Chepkwony v George Makateto, the Acting Chief Executive Officer, Export Processing Zone Authority & 2 others [2019] KEELRC 933 (KLR)

✦ The court declined to interfere in the internal disciplinary process, finding that the Petitioner had not demonstrated exceptional circumstances warranting the issuance of an injunction.

Silvia Anyesi v Rahma Mohammed [2019] KEELRC 939 (KLR)

✦ The Application is allowed, and the Respondent is directed to file his appeal within 60 days from the date of the ruling.

Proscovia Vitsengwa v Chairperson,Kenya Railway Corporation Board & 4 others Attorney General (Interested Party) [2019] KEELRC 951 (KLR)

✦ Petitioner's preliminary objections are dismissed with costs.