Kenyan case law
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Eric Kinoti v Societe Petroliere Kenya Limited [2019] KEELRC 960 (KLR)
✦ The court declines to grant leave to the firm of Kibatia and Company Advocates to come on record. The court also declines to review the consent judgment.
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Boniface Kasoya Musyoka v Hoggers Limited [2019] KEELRC 941 (KLR)
✦ The termination was unfair due to lack of procedural fairness, but the claimant is not entitled to compensation. The claimant is entitled to one month's salary in lieu of notice, salary for September 2010, and 23 days leave. The respondent is entitled to the difference between what it lost and what was refunded by its insurers.
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Kenya National Private Security Workers’ Union v Eveready Security Guards Limited [2019] KEELRC 982 (KLR)
✦ The claim succeeds and the court orders the Respondent to deduct union dues from August 2019 and to allow workers to be organized in a union of their choice.
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Olivia Milycent Atieno v Mombasa Aviation Training Institute [2019] KEELRC 991 (KLR)
✦ The Respondent's application is dismissed with costs to the Claimant.
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Patrick Mutuku Musoma & 4 others v Sana Industries Limited [2019] KEELRC 1045 (KLR)
✦ Claimants in Cause 45 of 2017 and Cause 47 of 2017 are entitled to compensation. Claimants in Cause 48 of 2017 and Cause 49 of 2017 are not entitled to compensation. Claimant in Cause 50 of 2017 is entitled to compensation.
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John Waititu Macharia v Board of Trustees Archdiocese of Nyeri [2019] KEELRC 1043 (KLR)
✦ Claimant is entitled to judgment for Kshs. 396,000, costs of the suit, and interest on the sum from 29th September 2013 till payment in full.
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Republic v County Government of Laikipia Exparte Joseph Mwangi Maina [2019] KEELRC 1020 (KLR)
✦ The application is dismissed with costs to the ex parte Applicant.
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Racheal Waithera Mwaniki v Central Memorial Hospital Limited [2019] KEELRC 1037 (KLR)
✦ Dismissal was unfair and unlawful due to lack of proper notice, explanation, and representation during the hearing
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Paul Mutavi & another v Dunham Investments [2019] KEELRC 1137 (KLR)
✦ The Court finds the termination of employment unfair and awards compensation equivalent to 4 months and 6 months gross wages for the 1st and 2nd Claimant respectively.
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Abdi Mohamed Abdullahi alias Abdikadir Mohamed Abdullahi v Royal Saudi Arabia Embassy [2019] KEELRC 1091 (KLR)
✦ The court finds that the claims for overtime, transport, and house allowances were not specifically pleaded and are therefore declined. The claimant's termination was found to be unfair due to the long outstanding salaries, and he is awarded 12 months' compensation.
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Daniel Karuru Mwaura v Permanent Secretary, Ministry of Energy and Petroleum & 3 others [2019] KEELRC 1046 (KLR)
✦ The court held that the Petitioner has not stated how his constitutional rights were violated beyond mere regurgitation of the provisions. The court also found that the Petitioner did not provide evidence to prove discrimination against him as compared to the Chairman.
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Juma Washington Shikuku v Polyflex Limited [2019] KEELRC 1131 (KLR)
✦ The termination of the claimant's employment was fair
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Diana Gaceri Kigunda v Mombasa Continental Resort [2019] KEELRC 1138 (KLR)
✦ The Court rejected the Claimant's Application and granted leave to amend her Statement of Claim.
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James Mboya Onywera v Ministry of Environment & Natural Resources & another [2019] KEELRC 1136 (KLR)
✦ The Court strikes out the Cause due to the statute bar
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Moses Ngumo v East African Breweries Limited [2019] KEELRC 1115 (KLR)
✦ The termination was procedurally unfair due to the respondent's failure to consider the claimant's grievance against the BE rating. The claimant is awarded 2 months' compensation.
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Kiema Mwangangi v Rajani Engineering Limited [2019] KEELRC 1041 (KLR)
✦ The court found that the termination was not justified and ordered the reinstatement of the claimant with back pay and other remedies.
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Kenya Hotels & Allied Workers Union v Bidwood Suites Hotel Limited [2019] KEELRC 1135 (KLR)
✦ The Court dismisses the preliminary objection and finds that a trade union can institute legal proceedings on behalf of its members even before recognition, provided it can demonstrate it is agitating on behalf of its members.
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Peter Onyiego Nyambati v Kenya Kazi Services Limited [2019] KEELRC 1134 (KLR)
✦ The Court finds the summary dismissal unfair and awards compensation, salary in lieu of notice, and pro rata leave.
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Regina Nundu Nthekani v Rasmita Shah [2019] KEELRC 1071 (KLR)
✦ The application is dismissed with costs to the claimant.
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Republic v Cabinet Secretary, Ministry of Labour & Social Protection & another; Ex Parte Kenya Union of Secondary Schools Non-Teaching Staff [2019] KEELRC 1112 (KLR)
✦ The Court orders the applicant to apply in 7 days to the 1st respondent to issue a gazette notice in its favour as per section 48(2) of the Labour Relations Act, 2007, and the 1st respondent to issue the relevant order and published in the gazette notice by 01.09.2019.
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John K. Biiy v Chief Officer, Public Service Management, Uasin Gishu County & 2 others [2019] KEELRC 1025 (KLR)
✦ Claimant's suit is dismissed with costs
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Fredrick Oduor Ochieng v Marketing Africa Limited [2019] KEELRC 1010 (KLR)
✦ Application granted, judgment set aside
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Lu Yini v Avic Intl. Beijing (E.A) Co.Limited & another [2019] KEELRC 1026 (KLR)
✦ Application for review dismissed with costs in favor of the claimant
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Alice Ndinda John v Birdi Singh [2019] KEELRC 1090 (KLR)
✦ The court finds the claimant entitled to Kshs.27,559.20 for underpayment of wages and orders the respondent to pay 50% of the claimant's costs of the suit.
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John K. Biiy & 4 others v Joseph Ngwasi & 15 others [2019] KEELRC 1036 (KLR)
✦ The Court has jurisdiction and the preliminary objection lacks merit and is dismissed.