Kenyan case law
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Gikunga v Suhufi Agencies Ltd (Cause 64 of 2019) [2022] KEELRC 12867 (KLR) (13 October 2022) (Ruling)
✦ The claimant can produce the objected documents in evidence
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Kapoloni v Cabinet Secretary for the National Treasury and Planning & 3 others; Hussun (Interested Party) (Employment and Labour Relations Petition E172 of 2021) [2022] KEELRC 12892 (KLR) (13 October 2022) (Judgment)
✦ The court has jurisdiction to hear and determine the petition as it derives its jurisdiction from the Constitution of Kenya, 2010 and the Employment and Labour Relations Court Act, 2011.
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Ng’eno v Technical University of Kenya (Cause 659 of 2017) [2022] KEELRC 14652 (KLR) (13 October 2022) (Ruling)
✦ The court finds the respondent's objections with merit and strikes out the claimant's suit.
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Kafwa v Sensations Limited (Petition E60 of 2021) [2022] KEELRC 12913 (KLR) (13 October 2022) (Judgment)
✦ The Petitioner was constructively dismissed due to discriminatory treatment and unpaid leave.
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Ouma v Cempack Solutions Ltd & another (Cause 46 of 2015) [2022] KEELRC 12846 (KLR) (13 October 2022) (Judgment)
✦ The Court found that the termination was not for redundancy and thus the Claimant is not entitled to the reliefs sought.
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Kairo v John Hopkins Program for International Education in Gynecology and Obstretics [ JHPIEGO] Kenya (Petition 11 of 2019) [2022] KEELRC 12876 (KLR) (13 October 2022) (Judgment)
✦ The Court finds the termination of the Petitioner's employment unfair and awards her compensation for eleven months of salary.
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Mwita v Crown Hotels Limited (Cause 224 of 2017) [2022] KEELRC 12870 (KLR) (13 October 2022) (Judgment)
✦ Termination of the claimant's employment was procedurally and substantively unfair.
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Adel v Abbysinia Iron & Steel Company Ltd (Employment and Labour Relations Appeal E003 of 2021) [2022] KEELRC 12826 (KLR) (13 October 2022) (Judgment)
✦ The appeal is dismissed with no orders as to costs.
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Kenya National Union of Teachers v Mutai & 2 others; Lelgo & 4 others (Interested Parties) (Miscellaneous Reference Application E009 of 2022) [2022] KEELRC 12820 (KLR) (13 October 2022) (Ruling)
✦ The reference is fatally defective due to being filed out of time and without leave of the court.
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Onchari & 14 others v County Public Service Board, Nyamira County & another (Petition E002 of 2022) [2022] KEELRC 12833 (KLR) (13 October 2022) (Judgment)
✦ The court dismisses the petition as it lacks jurisdiction due to the respondents' appeal to the Public Service Commission.
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Kenya Union of Commercial Food and Allied Workers v Gusii Water & Sanitation Company Ltd (Cause 3 of 2022) [2022] KEELRC 12898 (KLR) (13 October 2022) (Ruling)
✦ The court directs the Chief Economist to analyze the proposals and file an economic report within 45 days, and orders the Respondent to cooperate with the Central Planning and Monitoring Unit.
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Githendu v Transcend Media Group Limited (Cause 2606 of 2016) [2022] KEELRC 12896 (KLR) (13 October 2022) (Judgment)
✦ The court found the dismissal to be lawful and fair, and ordered compensation and other remedies for the claimant.
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Matayos Vocational Training Center & 3 others v Okunga & 5 others (Employment and Labour Relations Appeal E002 of 2022) [2022] KEELRC 12910 (KLR) (13 October 2022) (Judgment)
✦ The court finds that the appeal was filed out of time and without leave of the court, and the preliminary objections are allowed.
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Amalgamated Union of Kenya Metal Workers v Reliable Electrical Engineering [M] Limited (Employment and Labour Relations Cause E102 of 2021) [2022] KEELRC 12868 (KLR) (13 October 2022) (Judgment)
✦ The Court finds and holds that the termination of the grievants' employment was procedurally and substantively unfair. The Court awards compensation for unfair termination of employment to the grievants.
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Dock Workers Union v Kenya Ports Authority (Cause E088 of 2021) [2022] KEELRC 12847 (KLR) (13 October 2022) (Ruling)
✦ The Court held that the Respondent's suspension of the grievants pending court cases was lawful, and that the issuance of show cause letters without providing copies to the Union was not in accordance with the law.
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Ekirapa v Kaunya & another (Cause 34 of 2021) [2022] KEELRC 12843 (KLR) (13 October 2022) (Judgment)
✦ The court held that there was no privity of contract between the claimant and the 2nd respondent, and dismissed the claimant's claim.
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Mugo & another v Head of Public Service & 3 others; Kiamba & 5 others (Interested Parties) (Petition E140 of 2022) [2022] KEELRC 14648 (KLR) (13 October 2022) (Ruling)
✦ The court lacks jurisdiction to hear and grant the orders sought both in the application and petition.
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Manegene v Mamba Group of Hotels Limited & another (Cause 211 of 2017) [2022] KEELRC 12836 (KLR) (13 October 2022) (Judgment)
✦ The court finds the claimant's termination was unlawful and unfair, and awards compensation and other remedies.
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Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and Allied Workers v Strami Cleaning Company (Employment and Labour Relations Cause 1451 of 2016) [2022] KEELRC 12908 (KLR) (13 October 2022) (Judgment)
✦ The court finds that the claimants have legal standing, are not casual employees, and were not underpaid. The court also declares that the claimants are entitled to their annual leave.
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Kwamboka & another v Public Service Board, County Government of Nakuru & 2 others (Employment and Labour Relations Cause 140 of 2018) [2022] KEELRC 12894 (KLR) (13 October 2022) (Judgment)
✦ Claimants' termination was unfair and unjustified
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Lisibale v Kamau & another (Cause 1425 of 2016) [2022] KEELRC 12888 (KLR) (13 October 2022) (Ruling)
✦ Allow the plea for extension of time for substitution of the deceased claimant, Victoria Torosa Lisibale with Protenziana Shiyayo Kibayi
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Musyimi Mwangangi v David Kinuthia t/a Impress Communications Printers & Stationery (Civil Appeal E061 of 2020) [2022] KEELRC 12891 (KLR) (13 October 2022) (Judgment)
✦ The Appellant was found to be a casual worker, and the trial court's dismissal of the claim is set aside. The Appellant is awarded six months' salary in compensation and one month's salary in lieu of notice.
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Kenya Union of Sugar Plantation and Allied Workers v Kibos Sugar and Allied Industries Ltd (Employment and Labour Relations Cause 98 of 2019) [2022] KEELRC 12882 (KLR) (12 October 2022) (Judgment)
✦ The claims for unfair termination of employment, underpayment of wages, and accrued leave are dismissed.
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Kamanda & 36 others v County Government of Nyamira & 5 others (Petition E005 of 2022) [2022] KEELRC 12848 (KLR) (12 October 2022) (Judgment)
✦ The court dismisses the petition with costs to the respondents.
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Kenya Universities Staff Union (Maseno University Branch) v Maseno University (Petition E019 of 2022) [2022] KEELRC 12861 (KLR) (12 October 2022) (Judgment)
✦ The court found that public participation was not adequately undertaken in the formulation of the impugned Terms and Conditions of Service and the Maseno University Human Resource Policy. The court also found that the petitioner is not entitled to the orders sought in the petition.