Kenyan case law

Mundia Njeru Geteria v Embu County Government & 4 others [2014] KEELRC 894 (KLR)

✦ The order of stay is refused. The Court did not find that the removal violated constitutional and statutory provisions and procedures. The Court is not persuaded that the applicant has met the required threshold to warrant an order of stay.

Kenya Chemical & Allied Workers Union v Leather Life Epz Limited [2014] KEELRC 561 (KLR)

✦ The Court finds that the intended Appeal is arguable and grants the application for stay pending the hearing and determination of the Appeal.

Bakery, Confectionery, Food Manufacturing and Allied Workers’ Union (KENYA) v Premier Cookies Limited [2014] KEELRC 557 (KLR)

✦ The application for interim orders is dismissed, and the matter is to proceed on the merits.

Paul Gichuhi v Nairobi Pentecostal Church Christ is the Answer ministries (NPC - CITAM) & another [2014] KEELRC 885 (KLR)

✦ The Court finds no reason to interfere with the consent order and dismisses the 2nd Grievant's application with no order for costs.

Meshack Baraza Ipara v Inter Security Services Limited [2014] KEELRC 560 (KLR)

✦ Claimant awarded Kshs. 870,080 for unpaid overtime, leave in lieu, weekly leave days, and severance pay.

Isaac Onsare Obondi v Value Pak Foods Limited [2014] KEELRC 900 (KLR)

✦ The termination of the Claimant's employment was unfair and the Court awards him Kshs. 97,554 in compensation for 6 months' salary.

Tagiti v K.K.Security (Cause 838 of 2010) [2014] KEELRC 542 (KLR) (24 March 2014) (Judgment)

James Joseph Mungura Mbugua & 6 others v Attorney General & 3 others [2014] KEELRC 970 (KLR)

✦ The applicants' claim was not within the limitation period and was dismissed.

Rift Valley Railways Workers Union v Rift Valley Railways (Kenya) Limited & another [2014] KEELRC 881 (KLR)

✦ The Court grants stay orders pending appeal for the 1st and 2nd Respondents' applications.

Joseph Njoroge Kiama v Summer Ltd [2014] KEELRC 883 (KLR)

✦ Court awards the claimant the difference between statutory minimum wage and wages actually paid for the period he worked for the respondent, and house allowance for the period he worked for the respondent.

Issa Bisi v Anarwali & Brothers Ltd [2014] KEELRC 879 (KLR)

✦ The Court found that the Claimant was not owed salary arrears for April to June 2007 and denied the claim.

Kenya Scientific, Research International, Technical & Allied Institutions Workers’ Union v Kenya Sugar Research Foundation [2014] KEELRC 577 (KLR)

✦ The Court dismissed the application for review and awarded the Grievants accordingly.

Kenya Petroleum Oil Workers Union v Kenya Shell Limited [2014] KEELRC 877 (KLR)

✦ The Court finds and holds that though the termination of the Grievants were procedurally fair, they were not in accord with justice and equity and therefore substantively unfair.

Jean Chebet Korir v Unilever Tea Kenya Limited [2014] KEELRC 581 (KLR)

✦ The claimant's claim for general damages, terminal dues, interest, and costs of the suit is dismissed. The respondent's counterclaim and set off are upheld.

Amalgamated Union of Kenya Metal Workers v Central Electrical International Ltd & another [2014] KEELRC 880 (KLR)

✦ Ordering the case to be heard in Nairobi

Kenneth L. Kores & 3 others v Maasai Mara University [2014] KEELRC 865 (KLR)

✦ The second termination was not valid as the respondent's administrative jurisdiction was exhausted after the first termination and reinstatement.

Joseph Mindu Karari Mutitika v Parag Shah & another [2014] KEELRC 878 (KLR)

✦ The court finds that the respondents have refused to communicate with the claimant despite his performance and finds that the claimant is entitled to be deemed constructively terminated. The court also finds that the claimant is entitled to the prayers as urged.

Samson Anthony Muhia v Kirinyaga Construction (K) Limited [2014] KEELRC 866 (KLR)

✦ The termination was unfair, and the claimant is awarded Kshs.684,000 in compensation.

Benjamin Mwanzia Musyoka & 9 others v Cosmos Limited [2014] KEELRC 893 (KLR)

✦ The court finds in favor of the claimants on all issues and orders the respondent to pay damages and other relief as specified.

Benson Mugo Muraguri v East African Packaging Industries Ltd [2014] KEELRC 1024 (KLR)

✦ The claimant's claim is declared to have abated on 14 January 2013, the time limit within which the amended memorandum of claim should have been filed in court.

Kenya Union Of Printing, Publishing, Paper Manufacturers, Pulp & Packaging Industries v Raffia Bags (EA) Limited [2014] KEELRC 873 (KLR)

✦ The Court found in favor of the Union, compelling the Respondent to effect the check-off system, grant recognition, and reinstate terminated employees.

Peter Biri v Kerio Valley Development Authority [2014] KEELRC 867 (KLR)

✦ The claimant is not entitled to the remedies prayed for and the claimant's suit is dismissed.

BlueCatPortServices v BensonNyagaNjue [2014] KEELRC 876 (KLR)

✦ The appeal is dismissed with costs, and the decretal sum is released to the Respondent.

Nelson Ogeto Mogaka & 15 others v Geothermal Development Company Limited [2014] KEELRC 869 (KLR)

✦ The court finds that the evidence presented by the claimants' witnesses was sufficient to cover for the respective cases of the claimants. The court also finds that the claimants were not casual employees but their service was converted to permanent under the Employment Act, 2007.

Mary Rhobi v Annan Bhamania [2014] KEELRC 874 (KLR)

✦ The Court finds the termination unfair and awards the Claimant compensation including one month pay in lieu of notice, accrued leave, rest days, service pay, and underpayments.