Kenyan case law

BlueCatPortServices v BensonNyagaNjue [2014] KEELRC 876 (KLR)

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

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.

Justus Atulo Ashioya v ‘A’ Team Security Limited [2014] KEELRC 568 (KLR)

✦ The Court found the termination unfair and ordered the Respondent to pay the Claimant compensation for unfair termination, arrears of house rent allowance, salary underpayments, and salary for January 2011.

Haroun R. Lwangu v Kenya Society for The Blind (Cause 699 [N] of 2010) [2014] KEELRC 570 (KLR) (20 March 2014) (Award)

✦ The Employment Act 2007 does not apply retrospectively to the Claimant's case. The claim for gratuity and service pay is rejected. The claim for reimbursement of hospital bill is rejected. The claim for compensation for unfair and unlawful termination is allowed. The Claimant is ordered to receive terminal benefits of Kshs. 43,130.

James Ngugi v County Government Of Nairobi [2014] KEELRC 572 (KLR)

✦ The claim is dismissed with costs, as it is res judicata and statute-barred.

Anne Kirumba Riungu v Telkom Kenya Limited [2014] KEELRC 887 (KLR)

✦ The application is dismissed

Muli v Ezeetec Ltd (Cause 1224 of 2012) [2014] KEELRC 580 (KLR) (19 March 2014) (Ruling)

Rahab Wothaya Esiromo & 7 others v Blue Shield Insurance Company Limited & 2 others [2014] KEELRC 936 (KLR)

✦ The application for review is dismissed with costs.

Addah Adhiambo Obiero v Ard Inc [2014] KEELRC 929 (KLR)

✦ The termination of the Claimant's contract by way of redundancy was valid

Job Mbaluka v Pegrume Limited [2014] KEELRC 861 (KLR)

✦ The court finds the claimant's termination was wrongful and orders the respondent to pay compensation to the claimant.

Edward Njuguna Mwangi v Thika High School Thr’ Bog Of Governors [2014] KEELRC 857 (KLR)

✦ The dismissal was found to be unfair.

Mburu & 5 others (Suing on Their Own Behalf and on Behalf of 89 others) v Kenatco Taxis Limited (Cause 1524 of 2011) [2014] KEELRC 585 (KLR) (19 March 2014) (Ruling)

Elijah K. Tonui v Ngara Opticians [2014] KEELRC 556 (KLR)

✦ The Court's Award is in the nature of statutory payments, and the Respondent's application to set aside the Award is rejected.

Babere Isaac Wantahe v Lavington Security Guards Ltd [2014] KEELRC 535 (KLR)

✦ The Claimant's claim is time-barred and the Court lacks jurisdiction to entertain it.

Margaret A Ochieng v National Water Conservation & Pipeline Corporation (Cause 23 of 2012) [2014] KEELRC 573 (KLR) (18 March 2014) (Award)

✦ The Court dismisses the Claimant's petition with no order on costs.

Kenya Council of Employment and Migration Agency v National Police Service Commission & 8 others [2014] KEELRC 884 (KLR)

✦ The court dismissed the application due to lack of jurisdiction and the applicant's lack of locus standi.

Kenya Union of Domestic Hotels, Educational Institutions, Hospitals & Allied Workers (Kudheiha) v Nairobi Club [2014] KEELRC 534 (KLR)

✦ Application for extension of time to file a Notice of Appeal is dismissed

Benjamin Langwen v National Environment Management Authority [2014] KEELRC 562 (KLR)

✦ The application is dismissed with costs to the respondent

Peter Otieno Ndhere & another v Secretary, Bog Joyland Special Sec. School [2014] KEELRC 849 (KLR)

✦ The termination of the claimants by the respondents was unlawful and unjustified.

Said Ndege v Steel Makers Ltd [2014] KEELRC 762 (KLR)

✦ The Collective Bargaining Agreement is not legally enforceable by the parties or Court as it was not registered.

Kudheiha Workers v Bog, Madira Girls Sec. School [2014] KEELRC 870 (KLR)

✦ The dismissal of the greviants was unfair and unjustified.

Kenya Chemical & Allied Workers Union v Jumbo Foam Industries Ltd [2014] KEELRC 850 (KLR)

✦ The court finds that the claimant has recruited a simple majority of respondents employees and is therefore entitled to be recognized by the respondents.

Joseph Gikaru Kigondu v Stem Hotel Limited [2014] KEELRC 845 (KLR)

✦ The court finds that the termination was unfair due to the claimant's legitimate grievance and lack of due hearing.

Kenya Hotels & Allied Workers Union v Alfajiri Villas (Magufa Ltd) [2014] KEELRC 860 (KLR)

✦ The Grievant was not a casual employee or a subcontractor/independent contractor but a term contract employee. His dismissal was unfair and he is awarded two months pay in lieu of notice, accrued leave, 4 days worked in September 2010, 6 months compensation, and costs.