Kenyan case law
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Universities Academic Staff v Kirinyaga University (Cause 2 of 2022) [2023] KEELRC 2747 (KLR) (3 November 2023) (Ruling)
✦ The court allows the respondent's objection and strikes out the Chamber Summons with costs.
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Kuria & 13 others v Kartasi Industries Limited (Cause E531 of 2022) [2023] KEELRC 2736 (KLR) (3 November 2023) (Ruling)
✦ The application is dismissed with costs.
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Kenya Medical Practitioners’ Pharmacists and Dentists Union & 2 others v Registrar of Trade Unions & 2 others; Commissioner for Labour & 5 others (Interested Parties) (Appeal E087 of 2022 & Petition E194 of 2022 (Consolidated)) [2023] KEELRC 2742 (KLR) (3 November 2023) (Ruling)
✦ The Registrar of Trade Unions is found in contempt and ordered to pay a fine of Kshs.100,000 and serve 30 days in prison.
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Wangalwa v County Assemblies Forum (CAF) & 2 others (Employment and Labour Relations Petition E069 of 2023) [2023] KEELRC 2800 (KLR) (3 November 2023) (Ruling)
✦ The Petitioner's prayer to suspend interdiction and disciplinary process is not merited as she has not been terminated and is still earning her full salary.
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Osoro v Unilever Kenya Limited (Cause 78 of 2020) [2023] KEELRC 2769 (KLR) (3 November 2023) (Judgment)
✦ Claimant's termination was valid and procedurally fair, but no exemplary damages awarded.
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Shikuku v Borderless Tracking Limited (Cause 537 of 2019) [2023] KEELRC 2735 (KLR) (3 November 2023) (Judgment)
✦ The Court finds the termination unfair and unlawful, and the withholding of terminal dues unlawful, illegal, and void ab initio. The claimant is awarded compensation and other remedies.
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Ibwaga & 84 others v Attorney General (Employment and Labour Relations Petition E071 of 2023) [2023] KEELRC 2802 (KLR) (3 November 2023) (Ruling)
✦ The Employment and Labour Relations Court has jurisdiction to hear and determine disputes relating to employment and labour relations.
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Thumbi v Everest Enterprises Limited (Miscellaneous Application E005 of 2023) [2023] KEELRC 2745 (KLR) (3 November 2023) (Ruling)
✦ The court grants the applicant leave to appeal out of time
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Ngari v Nairobi City County (Employment and Labour Relations Cause 402 of 2017) [2023] KEELRC 2792 (KLR) (3 November 2023) (Judgment)
✦ The court held that the Claimant did not have a legitimate expectation of renewal of his contract of employment.
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Kenya National Private Security Workers Union v KK Security Limited (Cause E045 of 2022) [2023] KEELRC 2770 (KLR) (2 November 2023) (Judgment)
✦ The dismissal was unfair due to the lack of procedural fairness, and the burden shifts to the Respondent to prove fair reason for the dismissal.
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Mithamo v Nairobi Water & Sewerage Company (Petition E010 of 2022) [2023] KEELRC 2753 (KLR) (2 November 2023) (Ruling)
✦ The petition is struck out with costs to the respondent.
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Barchok v County Government of Uasin Gishu Public Service Board & 4 others (Petition 8 of 2019) [2023] KEELRC 2867 (KLR) (2 November 2023) (Judgment)
✦ The Petition is dismissed for failure to exhaust the appellate process established under section 77 of the County Governments Act.
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Mburu v Afro Industries Agencies Ltd (Employment and Labour Relations Cause 1104 of 2018) [2023] KEELRC 2731 (KLR) (2 November 2023) (Judgment)
✦ The Respondent was entitled to terminate the Claimant's employment due to his refusal to collect samples from a client, but the termination was unfair and irregular.
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Melly v County Government of Uasin Gishu Public Service Board & 4 others (Petition 7 of 2019) [2023] KEELRC 2869 (KLR) (2 November 2023) (Judgment)
✦ The Petition is premature and is struck out with no orders as to costs.
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Ogana v David Engineering Limited; David (K) Engineering Limited (Objector) (Cause 591 of 2019) [2023] KEELRC 2750 (KLR) (2 November 2023) (Ruling)
✦ The Respondent's application for a stay of execution is dismissed, and the Objector's application is dismissed with costs.
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Waruinge v Chuna Co-operative & Credit Society (Employment and Labour Relations Cause 184 of 2019) [2023] KEELRC 2730 (KLR) (2 November 2023) (Judgment)
✦ The Respondent was entitled to take disciplinary action against the Claimant for her conduct, but the Respondent must have done so strictly in accordance with due process.
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Muema v Independent Electoral and Boundaries Commission (Petition E013 of 2023) [2023] KEELRC 2749 (KLR) (2 November 2023) (Judgment)
✦ The Petition meets the threshold of a constitutional petition.
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Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers v United States International University-Africa & another (Cause E166 of 2021) [2023] KEELRC 2751 (KLR) (2 November 2023) (Ruling)
✦ The Respondents' application is declined with costs.
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Banking Insurance & Finance Union (Kenya) v Access Bank (Kenya) PLC (Employment and Labour Relations Cause E948 of 2021) [2023] KEELRC 2870 (KLR) (2 November 2023) (Ruling)
✦ The Respondent is bound to implement the CBA dated August 19, 2021
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Njiru v East African Cable Limited (Employment and Labour Relations Cause 272 of 2018) [2023] KEELRC 2732 (KLR) (2 November 2023) (Judgment)
✦ The Claimant is entitled to claim for the extra hours he worked, but only for two (2) hours per day as per the regulations. The court awards the Claimant Ksh. 737,490.00 for the overtime pay.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Board of Management Museno Secondary School (Cause E030 of 2022) [2023] KEELRC 2768 (KLR) (2 November 2023) (Judgment)
✦ The Claimant has not met the threshold for recognition and the subsequent right to collective bargaining. The claim is dismissed with no orders on costs.
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Martine v County Public Service Board, Kajiado County Government & 3 others (Miscellaneous Cause E003 of 2023) [2023] KEELRC 2733 (KLR) (2 November 2023) (Ruling)
✦ The court found that the applicant cannot quash the County Public Service Board's decision to advertise County Chief Officer vacancies in local dailies and subsequent interview results and recommendations. The court also found that the applicant cannot prohibit the Governor and County Assembly from nominating and appointing shortlisted candidates.
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Mwatibo v County Assembly of Taita Taveta Committee on Appointment & 2 others; Governor of Taita Taveta County (Interested Party) (Petition E017 of 2022) [2023] KEELRC 3447 (KLR) (2 November 2023) (Judgment)
✦ The Petition is dismissed.
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Muliango v Masaka (Cause 989 of 2018) [2023] KEELRC 2722 (KLR) (2 November 2023) (Ruling)
✦ The court finds that the applicant's grounds for review do not fall within the scope of 'any other sufficient reason' as per Rule 33(1)(d) of the Employment and Labour Relations Court (Procedure) Rules, 2016.
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Indoshi v Kangari (Cause 1991 of 2016) [2023] KEELRC 2799 (KLR) (2 November 2023) (Judgment)
✦ The claim is dismissed as the claimant failed to discharge her evidential burden under section 47(5) of the Employment Act.