Kenyan case law

Republic v Kenya Airports Authority & another Exparte Moses Echwa [2015] KEELRC 946 (KLR)

✦ The employment relationship was governed by public law, justifying the invocation of the Judicial Review Mechanism.

Joseph Ogonda Omondi v Sbi International Holding AG (Kenya) [2015] KEELRC 779 (KLR)

✦ The application is dismissed. The court award has not been fully satisfied, and the deduction of tax by the respondent was not proper.

Dixon Amdama v Amani Tiwi Beach Resort [2015] KEELRC 949 (KLR)

✦ Termination was lawful and in accordance with Section 42 of the Employment Act 2007, and the Claimant received more than his rightful terminal benefits.

Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v Pwani University [2015] KEELRC 953 (KLR)

✦ Dismissal was fair on substantive grounds but flawed procedurally

Pius Toboso Matendechere v Jaswant Singh & Brothers Ltd [2015] KEELRC 789 (KLR)

✦ The claimant is awarded Kshs 30,000/= for annual leave, Kshs 60,000/= for compensation, and Kshs 10,000/= for pay in lieu of notice.

Noah Sirengo Cheloti v Postbank Savings Bank [2015] KEELRC 711 (KLR)

✦ The Court held that the termination was not unlawful and the Claimant is not entitled to the reliefs sought.

Enock M. Gichana v Brinks Security Limited [2015] KEELRC 682 (KLR)

✦ The court found in favor of the Claimant on some claims and dismissed others.

Kenya Union of Commercial, Food and Allied Workers v Kapa Oil Refineries Limited [2015] KEELRC 952 (KLR)

✦ The Application filed by the Claimant Union is dismissed with costs to the Respondent.

Desidery Tyson Otieno v Rift Valley Railways Kenya Limited [2015] KEELRC 947 (KLR)

✦ The ex parte orders were not in the nature of extension of time. The Court declared the Claimant was within time, removing his apprehension of being time-barred.

James Gathumbi Ngetha & another v Board Of Governors Hiriga Secondary School [2015] KEELRC 922 (KLR)

✦ The court granted a stay of execution pending the appeal, requiring the respondent to pay an additional Kshs.400,000 to the claimants by October 1, 2015.

Beatrice Wanjugu Makira v Board of Management, Kanjuri High School [2015] KEELRC 941 (KLR)

✦ The court finds that the dismissal was not unfair and the claimant is entitled to Kshs. 40,258.00 and 50% of the claimant's costs of the suit.

Jasper Mwenda Ikiara v Housing Finance Limited [2015] KEELRC 943 (KLR)

✦ Judgment entered for the claimant for unfair termination, 12 months' salaries compensation, and costs.

Davis Kinyua Muriba v Taiho Properties Limited & 2 others [2015] KEELRC 942 (KLR)

✦ The court finds that there is no reason to find that the claimant is deceased and the objection to the taxation will fail. The respondents will pay the claimant's costs of the objection.

Alex Akoth Ndonga v Kenya Bureau of Standards [2015] KEELRC 884 (KLR)

✦ The termination of the Claimant's services was unfair and unjustified.

Dismas O Kisika v Ministry of Education Science & Technology & another [2015] KEELRC 948 (KLR)

✦ The court declines to grant leave to file suit out of time and dismisses the application with no order as to costs

Cosmas Mrombo Moka v Co-Operative Bank of Kenya Limited (Civil Case 6 of 2015) [2015] KEELRC 545 (KLR) (11 June 2015) (Ruling)

Caleb Achando Aduda v Bog Usenge High School [2015] KEELRC 960 (KLR)

✦ Claimant is entitled to leave allowance for the years 2009 to 2012 at the rate of Kshs 4,000/= per year.

Renson Githu Karanja v Transnick Limited [2015] KEELRC 670 (KLR)

✦ The Court finds in favor of the Claimant, ordering payment of notice, service gratuity, and leave dues.

Lt. Col (Rtd) Richard Nchapi Leiyagu v Chief of Kenya Defence Forces & 2 others [2015] KEELRC 685 (KLR)

✦ The unlawful alteration of the Kenya Defence Forces records by the servants/agents of the Respondents was a gross violation of the Petitioner's constitutional right to fair labour practices and fair administrative action.

Lydia Chepkosgei Mutai v Kenya Power Limited [2015] KEELRC 957 (KLR)

✦ The court granted the stay of execution and stay of appeal, requiring the respondent to deposit the decretal sum in a joint account and the costs of the application to follow the results of the appeal.

Nicky Njuguna & 3 others v Registrar Of Trade Unions & another [2015] KEELRC 834 (KLR)

✦ The application is dismissed as there is no basis or merit in the orders sought under the provisions of section 12 of the Labour Relations Act

Kakuvi Christine Mbili v Zanzy Bar & Restaurant Ltd [2015] KEELRC 1613 (KLR)

✦ Claimant was unfairly terminated and awarded compensation, notice pay, house allowance, service pay, and costs

Michael Mbogo Kibuti v Attorney General [2015] KEELRC 912 (KLR)

✦ The petition is dismissed with costs as it is incompetent and discloses no cause of action.

Banking Insurance & Finance Union (K) v Agricultural Finance Corporation [2015] KEELRC 851 (KLR)

✦ Conditional stay of execution granted

Andrea Turuke Olinga v Powerview Solutions Limited [2015] KEELRC 837 (KLR)

✦ Claimant was unfairly terminated and awarded compensation, shares contribution, notice pay, and prorated leave.