Kenyan case law

Ibrahim Haji Issak v Kenya Meat Commission & another [2013] KEELRC 106 (KLR)

✦ The application is not competent and the Respondent/Contemnors are not guilty of contempt of court.

James Mwathi Nguri v Egerton University [2013] KEELRC 949 (KLR)

✦ The court finds the termination unlawful and unfair, and the claimant is awarded damages and severance pay.

Jasper Nyaboga v Party of National Unity; Equity Bank Limited (Garnishee) [2013] KEELRC 13 (KLR)

✦ Court orders Respondent to deposit Kshs.5,000,000 in cash as security, with a deadline of 7 days, and schedules the main claim for hearing.

EVANS AGULO OVONYOLI V H. YOUNG COMPANY LTD [2013] KEELRC 302 (KLR)

✦ The application for stay of execution is dismissed with costs

Tom Joseph Orina v Kenya Bureau Of Standards & another [2013] KEELRC 853 (KLR)

✦ The limitation period began to run when all avenues for appeal were exhausted, which was on December 1, 2010. The applicant is on time to file his claim.

SHIMEO AYIENDA ONTITA & 4 OTHERS V NAS AIRPORT SERVICES LIMITED [2013] KEELRC 426 (KLR)

✦ The Court found that the Respondent did not have a valid reason to terminate the Claimants' employment and that the termination was procedurally unfair.

Japheth Mogaka Onyaru v Alpha Dairy Products Ltd [2013] KEELRC 196 (KLR)

Hesbon Ngaruiya Waigi v Equitorial Commercial Bank Limited [2013] KEELRC 787 (KLR)

✦ Claimant was unfairly terminated and discriminated against. The court awards Kshs.460,000 in damages.

SAMUEL G. MOMANYI V SDV TRANSAMI KENYA LIMITED [2013] KEELRC 495 (KLR)

✦ The application for review is rejected; the parties to agree on a date for the hearing of the main claim; and costs in the cause are awarded.

Seth Panyako v Kenya Union of Domestic, Hotels,Educational Institutions, Hospitals and Allied Workers [2013] KEELRC 27 (KLR)

✦ The Court finds the Respondent Trade Union failed to discharge its obligation to the Claimant as a Member; it did not protect him as an employee and employee's representative from the victimization of the employer; the Respondent breached its own constitutional obligation to its Member by abdication of its obligation; the Respondent did not initiate the process of conciliation or arbitration to resolve the dispute leading to the Claimant’s loss of employment; the Respondent failed to avail the Claimant legal services; the Respondent did not use its funds to assist the Claimant in any way as required by its constitution; and the Claimant suffered damages in consequence of that abdication.

Shadrack Kioko v Florimon Limited [2013] KEELRC 823 (KLR)

✦ The dismissal was justified under the Employment Act as it was based on gross misconduct as per the contract and statutory clause.

Timothy Mabeta Kambuni v Bedson East Africa Limited [2013] KEELRC 941 (KLR)

✦ The Court declares the termination unfair and awards 12 months' salary as compensation.

Isaac Simiyu v Security Group (K) Limited & another [2013] KEELRC 894 (KLR)

✦ The Claimant's termination was not unfair as the Employment Act, 2007 does not apply to the claim due to its retrospective nature.

FRANCIS KAINGU KADENGE v LIGHT ACADEMY [2013] KEELRC 329 (KLR)

Grace Achieng Ogot v Sukari Co-Operative Savings & Credit Society Ltd [2013] KEELRC 782 (KLR)

✦ The court declines to allow the re-opening of the claimant's case and introduction of new evidence, and declines the prayer for review. The court urges the parties to explore an out-of-court settlement.

Grace Kaverenge Kendeli v Laborex Kenya Limited [2013] KEELRC 699 (KLR)

✦ The termination was found to be unfair due to lack of due procedure

GRACE AKINYI SEWE v BOARD OF DIRECTORS, NYASARE WATER SUPPLY ASSOCIATION & another [2013] KEELRC 681 (KLR)

✦ The claimant is entitled to compensation equivalent to 4 months salary for wrongful termination, which is Ksh 180,000.

Stephen Mbuthia Waburi v K-Rep Bank Limited [2013] KEELRC 20 (KLR)

✦ The Court finds termination to have been substantively justifiable and procedurally fair.

Willy Kosgei v Moi Teaching & Referral Hospital [2013] KEELRC 968 (KLR)

✦ The termination was unlawful and wrongful.

George Wesonga Ojwang’ v Kenya National Union of Teachers [KNUT] [2013] KEELRC 10 (KLR)

✦ The Court awards the remaining balance of terminal dues of Kshs. 16,616,209.70 to the Claimant within 30 days of the delivery of this Award.

Theresiah Wayua King’oo v Nodor Kenya Epz Limted [2013] KEELRC 696 (KLR)

✦ The court dismissed the claimant's claims and ordered the respondent to pay costs.

Kennedy Mutinda Nzoka v Basco Product (Kenya) Limited [2013] KEELRC 740 (KLR)

✦ Court awards Kshs.210,000/= as general damages for the injuries sustained.

KENYA PLANTATION & AGRICULTURAL WORKERS UNION v KILIFI PLANTATION LIMITED [2013] KEELRC 412 (KLR)

Union Of National Research and Allied Institute Of Kenya (UNRISK) v Kenya Medical Research Institute [2013] KEELRC 854 (KLR)

✦ The court orders the parties to negotiate their opposing positions on the various items of the CBA within 30 days. If no consensus is reached, the court will rule on the amounts and figures.

Timothy Anyika Munyaka v M/s Nairobi Pacific Hotel Limited [2013] KEELRC 122 (KLR)

✦ Claimant was unfairly terminated and awarded compensation, notice pay, and pay for 18 days worked in September 2012.