Kenyan case law

Moses Njenga v Beshmon Limited [2016] KEELRC 1036 (KLR)

✦ The termination was wrongful and unfair as the claimant was not afforded a fair procedure and was not issued with a termination letter.

Kenya Game Hunting & Safari Workers Union v Micato Safaris [2016] KEELRC 1040 (KLR)

✦ The Court finds that the respondent cannot afford to make further wage increases due to financial difficulties and negative travel advisories.

Beatrice Om’mbaka Osienwa v Information Professionals Africa Limited & another [2016] KEELRC 1055 (KLR)

✦ The Court disallows the objection and directs the suit to proceed to trial on merit.

Maureen Homem v Bog Arya Vedic School & another [2016] KEELRC 1026 (KLR)

✦ The court grants the stay of execution of the decree due to inordinate delay and the claimant's ability to refund the decretal sum if the appeal is successful.

Peter Odhiambo Ogutu v Prisal Enterprises Limited [2016] KEELRC 1074 (KLR)

✦ The claimant was unfairly terminated and awarded compensation accordingly.

Kenya County Government Workers Union v Kiambu County Government & another [2016] KEELRC 1039 (KLR)

✦ The suit is not time barred and shall proceed to trial on merit.

Judith Abuka v Kenya Ports Authority & 7 others [2016] KEELRC 1057 (KLR)

✦ The Court finds the application for orders of access to the Port was not necessary due to the availability of an alternative campaign venue. The application for contempt of Court is redundant.

Grace Achieng Okanga & another v South Nyanza Sugar Company Limited [2016] KEELRC 856 (KLR)

Joseah Kipkorir Langat v Kapkatet Tea Factory Company Limited [2016] KEELRC 1081 (KLR)

✦ The court finds that the claimant was not unfairly dismissed and that he is not entitled to reinstatement or severance pay.

Okiya Omtatah Okoiti v President of Kenya & 9 others [2016] KEELRC 1845 (KLR)

✦ The court dismisses the preliminary objection and proceeds to hear the matter.

Kenya County Government Workers Union v Kisumu County Public Service Board & another [2016] KEELRC 853 (KLR)

✦ The court found that the Petitioner did not sufficiently demonstrate the specific constitutional rights violated and the manner of violation, thus the petition is dismissed.

Joab Makokha Aruba v Kitale Youth Polytechnic (Cause 369 of 2015) [2016] KEELRC 792 (KLR) (16 June 2016) (Ruling)

✦ The suspension of the Claimant is unlawful and he is ordered to have his suspension lifted immediately and to be paid his withheld wages.

John Bunde Oiro v Wells Fargo Limited [2016] KEELRC 1089 (KLR)

✦ The termination of the claimant's employment was unlawful, unfair, and wrongful.

Kenya Plantation & Agricultural Workers Union v Unilever Tea Kenya Limited [2016] KEELRC 1085 (KLR)

✦ The termination of the employment of the claimant by the respondent was not wrongful, unfair and unlawful.

Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2016] KEELRC 1088 (KLR)

✦ The court allows the application and orders that each party bears its own costs of the application.

Rachel Carol Atamba v Masinde Muliro University of Science and Technology [2016] KEELRC 862 (KLR)

✦ Application for stay pending appeal is dismissed with costs to the Claimant

Allan Wafula Mabuka v Speaker, County Assembly of Busia & 2 others [2016] KEELRC 858 (KLR)

✦ The Petitioner has a prima facie case with likelihood of success and there is real danger that he will suffer prejudice if the orders are not granted.

Enoch Nyakundi Onchwari v Rural Electrification Authority [2016] KEELRC 894 (KLR)

✦ The application is dismissed with costs

Jummy Kinanja Wasike v Oxford University Press E.A Limited [2016] KEELRC 1093 (KLR)

✦ The Court finds the termination unfair and unjustified, and awards damages for unlawful termination.

Patrick Mutinda Mutuku v Ashut Engeneering Ltd [2016] KEELRC 1840 (KLR)

✦ The court finds the claimant was summarily dismissed and awards compensation for wrongful and unfair dismissal, notice pay, and payment in lieu of notice.

Enoch Nyakundi Onchwari v Rural Electrification Authority [2016] KEELRC 928 (KLR)

✦ The application is dismissed with costs

Justine Onwoyo Among’a v Mount Kenya University [2016] KEELRC 1102 (KLR)

✦ The dismissal was unfair and unjustified, and the court ordered compensation for one month's salary in lieu of notice, salary arrears, and compensation for unfair termination.

Allan Okuku v Nyayo Tea Zone Development Corporation [2016] KEELRC 1099 (KLR)

✦ Termination of employment was unfair and unjustified

Phillip Nzungi Mulinge v Sbi International Holding Ag Kenya & another [2016] KEELRC 1100 (KLR)

✦ The Court finds that the termination was unfair and unjust, and the Claimant is entitled to compensation and other remedies.

National Union of Water & Sewerage Employees v Registrar of Trade Unions & 17 others [2016] KEELRC 1843 (KLR)

✦ The court dismisses the application as resjudicata, noting that the application was brought one year after the consent order was entered and upheld as frivolous and vexatious.