Kenyan case law
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Josephat K. Z. Mwatelah v Technical University of Mombasa Council & 2 others [2016] KEELRC 1046 (KLR)
✦ The Suit against the Technical University of Mombasa Council is a nullity as the Council lacks legal capacity to be sued.
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Perpetua Mponjiwa & 4 others on behalf of members of Aviation & Airports Workers Services Union & 2 others v Aviation & Airports Workers Services Union & 2 others [2016] KEELRC 914 (KLR)
✦ The Court dismissed the preliminary objection and allowed the application for injunctive orders.
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John Muinde Mburu v Inter Security Ltd [2016] KEELRC 1073 (KLR)
✦ The court found that the dismissal was not valid and fair, and ordered the respondent to pay the claimant compensation for wrongful and unfair dismissal.
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George Kaleve Musyoki v Nolturesh Loitoktok Water & Sanitation Company Limited [2016] KEELRC 1075 (KLR)
✦ The court finds the dismissal unfair and orders reinstatement with back pay and costs.
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Daniel Kamau Kariithi v Bamburi Cement [2016] KEELRC 1033 (KLR)
✦ The Suit is dismissed. The termination was wrongful, but reinstatement is not practicable due to the deceased's death. The claim for future earnings is denied.
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Peter Mumo v Captain Andy’s Fishing Supply Ltd [2016] KEELRC 1076 (KLR)
✦ The Suit is time barred and the Court is barred from entertaining the Suit.
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Simon Maina Muthee v Laikipia Teachers Sacco Society Ltd [2016] KEELRC 1086 (KLR)
✦ The claimant's contract of employment was constructively terminated due to the arrest and prosecution. The constructive termination was not unfair. The claimant is not entitled to reinstatement or outstanding dues.
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Rachel Kemunto Gesami v Public Service Commission & another [2016] KEELRC 1071 (KLR)
✦ The court finds the termination of the claimant's employment unlawful and unfair, and awards her 10 months' salary as compensation.
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Rufus Kaimenyi Joseph v Kenya Ports Authority Sports Club Mbaraki [2016] KEELRC 1038 (KLR)
✦ The court finds that there was a valid and fair reason to warrant the termination of the Claimant's services due to misconduct, and the procedure followed was fair.
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Amalgamated Union of Kenya Metal Workers v Dock Workers Union & another [2016] KEELRC 420 (KLR)
✦ The Court finds it unnecessary to vacate the interim measures granted to the Claimant Union on 14th July 2015, as Mr. Ochieng's participation would not have yielded a different result. The interim measures remain in place.
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Robert Munyoki Kimanzi v C.L.A [2016] KEELRC 1030 (KLR)
✦ The dismissal was fair and valid, and the claims for salary in lieu of notice, compensation, and acting allowance are dismissed.
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Charles Akiba Okeno v Guard Force Security [2016] KEELRC 1050 (KLR)
✦ The court awards the claimant Kshs 282,786.53 for unpaid benefits and underpayments, with interest.
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Nicholas Alex Otieno v Lustman & Co. [1990] Ltd [2016] KEELRC 569 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay compensation and notice pay.
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Anne Muthoni Machira v Ragati Tea Factory Company Ltd [2016] KEELRC 1080 (KLR)
✦ The court dismisses the claimant's claim and orders that each party bear their own costs.
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Joel Njeru Mathenge v Transwide Pharmaceuticals [2016] KEELRC 1041 (KLR)
✦ The termination was unfair due to improper procedure
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Morris Chetile Machunjilu v Reime Kenya Limited [2016] KEELRC 1045 (KLR)
✦ The application to dismiss the matter for want of prosecution is not allowed provided the parties appear before the court for taking of a hearing date within 14 days from the date of this ruling failing which the suit will stand dismissed for want of prosecution.
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Kennedy Owuoth Odhiambo v Tea Warehouse Limited [2016] KEELRC 1082 (KLR)
✦ Termination was unfair, and the Respondent was ordered to pay the Claimant 8 months' gross salary in compensation, 1 month salary in lieu of notice, and 20 days' salary.
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Joseph M. Kivilu v Kenya National Examination Council [2016] KEELRC 1068 (KLR)
✦ The application is dismissed with costs.
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Benson Maina A.K. Migwi v Kenya Ports Authority [2016] KEELRC 1058 (KLR)
✦ The court finds that the Suit is time barred and lacks jurisdiction to entertain it.
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Jamin Shitsukane Muliru v Governor Wycliff Ambetsa Oparanya & another [2016] KEELRC 823 (KLR)
✦ The court finds the termination arbitrary and unreasonable, and orders a declaration of unconstitutionality and compensation.
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Brown Tom Achanga v Jiangxi Zhongmei Engineering Construction Ltd [2016] KEELRC 831 (KLR)
✦ The Court finds that the dismissal was unfair due to the lack of a proper hearing and opportunity to be heard.
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Albert Saina v B O G Moi Girls High School Eldoret [2016] KEELRC 871 (KLR)
✦ The court found the redundancy to be unfair and ordered the Respondent to pay the Claimant Shs.704,000 for underpayment and Shs.278,628 for compensation for unfair termination.
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Chrispo Amudoli Sungu v Jiangxi Zhongmei Engineering Construction Ltd [2016] KEELRC 870 (KLR)
✦ The termination was procedurally unfair as there is no proof of the Claimant receiving an invitation for a disciplinary hearing. The Claimant is awarded 1 month's salary as compensation and 50% of his costs.
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Johnson Otieno Adera & 3 others v Ant-Counterfeit Agency & 3 others [2016] KEELRC 425 (KLR)
✦ The respondents are in contempt of Court and are ordered to be fined and committed to civil jail.
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Collins Nyawinda v Cemteck Engineering Limited [2016] KEELRC 1083 (KLR)
✦ Proceedings are set aside due to defective service of process and the court orders re-service in accordance with Industrial Court Procedure Rules 2010.