Kenyan case law

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.

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

✦ Conditional stay of execution granted

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.

Renson Githu Karanja v Transnick Limited [2015] KEELRC 695 (KLR)

✦ The Court finds the Claimant employed by the Respondent and dismisses the case.

Christ Is The Answer Ministries v Maureen Muhati Oyalo [2015] KEELRC 900 (KLR)

✦ The Court has jurisdiction to grant interim preservation orders and has stopped the process of termination.

Cren Solitei Kipoopo (Suing on his Behalf and that of the General Public) v County Government of Kajiado & 2 others [2015] KEELRC 836 (KLR)

✦ The Court finds that it is properly seized of the matter and that the Petitioner has the requisite standing to proceed.

Rioba Douglas Kamanda v Midcom Limited [2015] KEELRC 1005 (KLR)

✦ The court found that the termination was unfair and unjustified, and the Claimant is entitled to his terminal dues.

Kudheiha Workers v Eastleigh High School [2015] KEELRC 915 (KLR)

✦ The court allowed the application and granted a window for the parties to be heard interpartes, with the orders granted on 11 March 2015 remaining in force pending the hearing of the application.

Allan Kimutai Ngeiywo v Chase Bank (Kenya) Limited & another [2015] KEELRC 920 (KLR)

✦ The instruction fees are reduced to Kshs 80,000/-, getting up fees are disallowed, and items 29-60 are not supported by evidence.

Kenya Union Of Commercial Food And Allied Workers v Top Rank Brewing Company Limited [2015] KEELRC 1041 (KLR)

✦ The court finds that the parties are entitled to conclude a recognition agreement and the respondent is ordered to comply with section 48 (2) and (3) of the Labour Relations Act 2007 by effecting deductions of trade union dues and appropriate remittances.

Peter Kisilu Mutua v Panal Freighters Ltd [2015] KEELRC 995 (KLR)

✦ The termination was fair, but the Respondent must pay the Claimant for the shortfall in his salary and annual leave pay.

Josphat Munke Ole Mpoe v David Waiganjo Koinange [2015] KEELRC 923 (KLR)

✦ The Court found the suspension unlawful and ordered the Respondent to pay the Claimant Kshs 5,400,000/- in salary arrears and accrued pay in lieu of leave.

Igbal Parvez v Simba Colt Motors Limited [2015] KEELRC 1021 (KLR)

Kenya Union of Printing Publishing Paper Manufacturers and Allied Workers v Printing Industries Limited [2015] KEELRC 1022 (KLR)

✦ The termination is converted to normal termination with benefits including three months' salary in lieu of notice, gratuity, and prorata leave.

Michael Meegesh Sangiriaki v Narok County Government [2015] KEELRC 932 (KLR)

✦ Interdiction was unfair and violated Petitioner's right to access information

Misheck Kirimi Mwithimbu & 7 others v Liquidator Nkuene Farmers Co-operative Society & 17 others [2015] KEELRC 1040 (KLR)

✦ The application to set aside the judgment and for leave to defend the cause is dismissed with costs.

Benjamin Sabuni Muchanja v C.M.C. Motors Group Limited [2015] KEELRC 937 (KLR)

✦ The dismissal was lawful and the Court dismisses the case with no order as to costs.

Kenya Union of Commercial Food And Allied Workers v New Muthambi Farmers Co-operative [2015] KEELRC 1039 (KLR)

✦ Judgment is entered for the claimant against the respondent for payment of terminal dues and costs of the suit.

Margaret Auma Ingwe v Kenya Power and Lighting Co. Ltd [2015] KEELRC 1032 (KLR)

✦ The Court held that the Claimant's dismissal was not valid due to lack of a valid reason and due procedure was not observed.

John Mwangi Kuria & 165 others v Attorney General & another [2015] KEELRC 1011 (KLR)

✦ The Court finds the Claimant's Preliminary Objection not well taken and overrules it.

Joshua Muindi Maingi v National Police Service Commission & 2 others [2015] KEELRC 1036 (KLR)

✦ Petitioner is entitled to continue in employment without a break and with full benefits. Removal proceedings are null and void. Section 88(4) of the National Police Service Act is unconstitutional.

Chimwaga Mwamuye Mwabonje v Nine One One Group Limited [2015] KEELRC 984 (KLR)

✦ Summary dismissal was fair

Kudheiha Workers v Kangema High School [2015] KEELRC 1024 (KLR)

✦ The court finds that the suit was not time barred and that the claimant was not barred from claiming gratuity.

Charles Nyangi Nyamohanga v Action Aid International [2015] KEELRC 981 (KLR)

✦ The Court found the Respondent's declaration of redundancy lawful and fair, and the Claimant is not entitled to the remedies sought.

John Wafula v West Kenya Sugar Co Ltd [2015] KEELRC 963 (KLR)

✦ The court dismissed the application, finding that the ex-parte orders were not granted in response to a prayer in the application and that the plaintiff's case had not been long dismissed.