Kenyan case law

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

Moses K. Anampiu v Katheri Dairy Farmers Co-operative Society Limited [2017] KEELRC 1064 (KLR)

✦ The application is dismissed with costs.

Amos Juma Barasa v Texas Alarms [K] Limited [2017] KEELRC 1074 (KLR)

✦ Termination was at the instigation of the Respondent, based on fair ground but flawed procedure. The Respondent shall pay the Claimant annual leave pay, compensation for unfair termination, and notice pay.

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.

Kenya Union of Commercial Food and allied Workers v Kapa Oil Refineries Limited [2017] KEELRC 1061 (KLR)

✦ The Court finds the dismissal unlawful and unfair, and the procedural fairness requirements were violated.

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.

Paul Njoroge Kamau v Multiple Hauliers E.A. Limited [2017] KEELRC 1987 (KLR)

✦ The court finds the dismissal to be unfair and denies reinstatement. The court awards compensation and 8 days' wages.

John Moturi Omiti v Kenya Institute For Public Policy Research And Analysis [2017] KEELRC 1014 (KLR)

✦ The Court will refer the case back to arbitration but will give strict time lines to allow the Court to proceed with the case if no solution is forthcoming.

Henry Wasike Tumbu v China Jiangxi International (Kenya) Limited [2017] KEELRC 1033 (KLR)

✦ The Court granted leave to the Respondent to re-open the Claimant's case and cross-examine the Claimant.

Matin Adongo Sangany v Villa Care Management Limited [2017] KEELRC 370 (KLR)

✦ The proclamation filed by the claimant is set aside and a stay of execution of the previous judgement is granted pending the hearing of the application.

David Njoroge Kamau v Board of Manangement Kiambu Institute of Science and Technology [2017] KEELRC 400 (KLR)

✦ The claimant's allegations are not substantiated, and the decision to interdict him was not illegal or irregular.

Jackson Mwangombe Pugah and others v Abdulla Bin Ali (? 196 (O.S.) of 2012) [2017] KEELRC 1081 (KLR) (29 June 2017) (Judgment)

Luka Chebii Mitei v Board of Trustees National Social Security Fund [2017] KEELRC 975 (KLR)

✦ Petition dismissed as filed late and without justification

Anthony Murigi Ng’ang’a & 2 others v VEGPRO Kenya Company Limited [2017] KEELRC 383 (KLR)

✦ The termination of employment was unprocedural and unfair. The Claimant is awarded compensation, notice pay, leave travel allowance, salary for 14 days worked, and costs of the suit.

Kenya Chemical & Allied Workers Union v Pharmaceutical Manufacturers Company Limited [2017] KEELRC 1028 (KLR)

✦ The Court finds that the Claimant was wrongfully terminated and that the Respondent's submission regarding the lack of proof of injury and earnings is not valid.

Andrew Ogola Makomere v Agro Industrial Tools Limited [2017] KEELRC 1996 (KLR)

✦ The dismissal was not valid due to the employer's failure to provide medical attention and notice, and the claimant was entitled to terminal dues and costs.

Bakery, Confectionery, Food Manufacturing & Allied Workers Union v Mwananchi Bakers & Confectioners Limited [2017] KEELRC 1056 (KLR)

✦ Claimant has met the requirements of the law on recognition of trade union and deduction of trade union dues

Arfaan Kasu v Express Travel Group Limited [2017] KEELRC 1048 (KLR)

✦ The termination was unfair, and the Respondent is ordered to pay the Claimant compensation for unfair termination, notice pay, and salary for 15 days worked in May 2014.

Linsey Atieno Ojwang v Fusion Capital Limited [2017] KEELRC 443 (KLR)

✦ The termination was unfair and unjust as it was not supported by evidence of gross misconduct.

David Ndungu v Thika High School sued through the Board of Governors [2017] KEELRC 388 (KLR)

✦ The Respondent has not met the mandatory provisions of Order 42 Rule 6 of the Civil Procedure Rules and is not entitled to discretionary orders

Lilian Makandi Rukunga v Francis Mburu t/a Robico Chemicals [2017] KEELRC 1032 (KLR)

✦ The Court finds the dismissal unfair and awards compensation, salary arrears, and house allowance.

Nicholas Gitau Mburu v Kiambu Club Trustees Registered [2017] KEELRC 953 (KLR)

✦ Dismissal was unfair and unjustified

Josephat Moseti Motanya v Amrutt Kenya Limited [2017] KEELRC 1009 (KLR)

✦ The application is dismissed as the claimant is time barred and the court has no jurisdiction to extend time

Solomon Kiige Ngecha v Consolidated Bank of Kenya Limited [2017] KEELRC 956 (KLR)

✦ The court found the dismissal to be unfair and ordered the respondent to pay the claimant compensation.