Kenyan case law

Magdalene M. Ngea v National Cereals and Produce Board [2017] KEELRC 928 (KLR)

✦ The dismissal was unfair and unjustified, and the court awards damages and costs.

Kenya Union of Domestic Hotels Education Institutions, Hospitals and Allied Workers (Kudheiha) v Catering and Tourism Development Levy Tourism [2017] KEELRC 1012 (KLR)

✦ The court allows the proposed amendment except the claim for Golden handshake which seeks to introduce a new cause of action after the limitation period.

KUDHEIHA Workers v Kenya Girl Guides Association [2017] KEELRC 917 (KLR)

✦ Claimant's case dismissed

Rutto Kipkoech v Riley Service Limited [2017] KEELRC 965 (KLR)

✦ The Court found that the claims advanced by the Claimant were compromised and that the Respondent paid the Claimant in final settlement of terminal dues.

Peter Mutua Mwanzia v Mini Bakeries (Nairobi) [2017] KEELRC 1004 (KLR)

✦ Stay of execution granted on condition, review of judgment denied

Edward Orete v Kenol Kobil Limited [2017] KEELRC 1038 (KLR)

✦ The termination was not for a valid reason and was not effected in terms of fair procedure.

Kenya Union of Commercial, Food and Allied Workers v Everest Enterprises Limited [2017] KEELRC 1041 (KLR)

✦ The Respondent terminated the Grievants' employment without a valid reason and in violation of the mandatory procedural fairness requirements set out under Section 41 of the Employment Act, 2007.

Elijah Mwova Kathuru v Tahir Sheikh Said Transporters Limited [2017] KEELRC 1044 (KLR)

✦ Redundancy was based on a genuine economic reason but lacked fairness in the procedure. The Respondent must pay compensation and other benefits to the Claimant.

Kenneth Karanja Ndegwa v Reliable Electrical Engineers [NRB] Ltd [2017] KEELRC 872 (KLR)

✦ The court awards the claimant ksh.11,947.25 for accrued leave and dismisses the claims for night shift allowance and overtime.

Daniel Kivango Malului v Mombasa Continental Resort t/a Kenga Equatorial Continental Hotels Limited [2017] KEELRC 1068 (KLR)

✦ Termination was unfair, and the Respondent is ordered to pay the Claimant balance of salary, compensation for unfair termination, and 1 month salary in lieu of notice.

Esau Rodgers Mumia v Central Bank of Kenya [2017] KEELRC 1043 (KLR)

✦ The Court held that the Claimant's disability was not recognized by the Respondent, and thus, the Claimant is not entitled to the benefits under the Persons with Disabilities Act, 2003.

Ali Said Mwaleso v Jitegemeee Co-operative Savings and Credit Society Limited, alias Jitegemee Sacco Society Limited Cs-1834 [Sued through its Chairman Chuma Mohamed, Vice- Chairman Mohamed Kibwana and Secretary Ali Hamisi Mzee] [2017] KEELRC 1071 (KLR)

✦ The termination was found to be unfair, and the Respondent is ordered to pay the Claimant compensation for unfair termination, notice pay, annual leave pay, and terminal dues.

Dancan Edward Barasa Onyango v P.N. Mashru Limited [2017] KEELRC 1030 (KLR)

✦ Termination was unfair and the Respondent is ordered to pay compensation and terminal dues.

Kenya Hotels and Allied Workers Union v Sucham Invetsments Limited [Amani Tiwi Beach Resort] & another [2017] KEELRC 1073 (KLR)

✦ The Respondent is restrained from victimizing Claimant's Members, compelled to deduct trade union dues, negotiate a fresh CBA, and grant limited access to Members within the workplace.

Robert Nyabuto Nyabwocha v Ronald Kiprotich Tonui & another [2017] KEELRC 1045 (KLR)

✦ The 1st Respondent's application for stay pending appeal is incompetent and is struck out with the interim orders granted on 6th October 2016 vacated. The 2nd Respondent is directed to conduct the elections for the position of Assistant National Treasurer within the next thirty (30) days from the date of this ruling in terms of the judgment of the Court delivered on 2nd September 2016.

Abdullahi Haji Salim v Narcol Aluminium Rolling Mills Limited [2017] KEELRC 1036 (KLR)

✦ Termination was unfair, and the Respondent is ordered to pay the Claimant compensation and benefits.

Persteeno Omondi v Steel Makers Ltd [2017] KEELRC 960 (KLR)

✦ The claimant was a casual employee and his contract of service never converted to a regular term contract. Therefore, he was not entitled to terminal benefits or compensation.

Dorcas Mueni Muli v Kapric Apparels [EPZ] Limited [2017] KEELRC 1080 (KLR)

Caroline Mutana Mwaka & 3 others v Cargill Kenya Limited [2017] KEELRC 1072 (KLR)

✦ Redundancy was procedurally unfair. The Respondent is ordered to pay the Claimants compensation for unfair termination and acting allowance.

Edward Nyakundi Onchwari v Rural Electrification Authority [2017] KEELRC 1051 (KLR)

✦ The court finds that the termination was not for a valid reason and was not done in a fair procedure.

Kenya Union of Commercial, Food and allied Workers v Selections Limited [2017] KEELRC 1060 (KLR)

✦ The Court finds the Claimant Union has locus standi and the termination was unlawful and unfair. The Court awards eight months' salary in compensation and one month's salary in lieu of notice.

Richard Litunga Likoye v Prime Steel Mills Limited [2017] KEELRC 1070 (KLR)

✦ Claimant's claim is dismissed with no order for costs as he failed to establish an employment relationship with the Respondent.

Peterson Wachira & another v Registrar of Trade Unions & 3 others [2017] KEELRC 1037 (KLR)

✦ The court finds the Registrar's refusal unlawful and null and void, and directs the Registrar to register the Kenya Union of Clinical Officers.

Martin Barasa Lutilo v Foton East Africa Limited [2017] KEELRC 1047 (KLR)

✦ The termination of employment was not valid due to lack of a valid reason and violation of procedural requirements.

Benjamin Kessi Paul v Branded Fine Foods Limited [2017] KEELRC 974 (KLR)

✦ Claimant's unpaid salary and leave claim is granted, and counterclaim is dismissed