Kenyan case law
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Kenya Magistrates & Judges Association (KMJA) v Salaries & Remuneration Commission (SRC); Judicial Service Commission (Interested Party) (Petition 29 of 2019) [2021] KEELRC 924 (KLR) (21 September 2021) (Ruling)
✦ The Court finds SRC in contempt of court and imposes a fine of Kshs. 5,000,000/-.
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Law Society of Kenya v Chairman, Nairobi Metropolitan Area Council & 3 others; Mary Waithigieni Chege & 2 others (Interested Parties) [2021] KEELRC 962 (KLR)
✦ The Court quashes the Gazette Notice and orders the Interested Parties to cease holding the offices in respect of the impugned appointment.
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James Mogaka v Kenya Commercial Bank Limited [2021] KEELRC 954 (KLR)
✦ The Respondent/Applicant’s application for stay of execution pending appeal is dismissed with costs.
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Charles Muema Munuve & another v Safaricom PLC [2021] KEELRC 1013 (KLR)
✦ Dismissal was unfair and the Respondent is ordered to pay compensation and notice to the Claimants
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Aluoch v Executive Committee of the Central Conference of the Seventh Day Adventist Church & another (Employment and Labour Relations Appeal E026 of 2020) [2021] KEELRC 2421 (KLR) (20 September 2021) (Judgment)
✦ The Appeal is dismissed. The learned Senior Resident Magistrate’s findings are upheld. The Appellant did not prove constructive dismissal and the claims for outstanding per diem, monetary benefits, medical allowances, leave allowance, travel and lunch allowance, and termination allowance are dismissed.
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Monica Tindi Waga v Heinrich Boll Stiftung [2021] KEELRC 953 (KLR)
✦ The application for interim relief is granted, and the position previously held by the Claimant is not to be filled in substantive capacity pending the hearing and determination of this suit.
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Kenya Airways Limited v Daniel Gisiora Nyakundi [2021] KEELRC 966 (KLR)
✦ The application is dismissed with costs to the Respondent as there is no Ruling from which the intended appeal shall flow.
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Nyagena v Mwilu & another (Petition E051 of 2021) [2021] KEELRC 914 (KLR) (20 September 2021) (Ruling)
✦ The disciplinary process initiated by the Respondents is valid and the petitioner's motion is denied.
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Chrispas Egesa Mwai v Radar Security (K) Limited [2021] KEELRC 1011 (KLR)
✦ The Court finds the termination of the Claimant's employment was not valid due to the Respondent's failure to comply with the Employment Act's conditions for redundancy.
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Meshack Mutilangi v Mustek East Africa Limited [2021] KEELRC 925 (KLR)
✦ The Respondent’s failure to have a witness testify in fortification and justification of its defense renders the Claimant’s testimony and evidence uncontroverted. The counterclaim is dismissed for want of prosecution.
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John Abwor Radiala v Safari Luxury Shuttle Co. Limited [2021] KEELRC 897 (KLR)
✦ The court found that the Claimant has not proved, on a balance of probability, that he was an employee of the Respondent, and thus the other issues are unnecessary to determine.
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Boniface Musyoka Kyambo v DPL Festive Limited [2021] KEELRC 905 (KLR)
✦ The court finds the dismissal unlawful and unfair due to lack of procedural fairness. The claimant is awarded one month's salary in lieu of notice, leave allowance, refund of security deposit, and compensation for unfair dismissal.
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Ndungu Gitau George v Nawasaku Savings and Credit Co-operative Limited [2021] KEELRC 902 (KLR)
✦ The termination was unlawful due to lack of both substantive and procedural fairness.
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Paul Katuku Muthengi v SMEP Micro Finance Bank Ltd [2021] KEELRC 929 (KLR)
✦ The dismissal was procedurally unfair.
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Margaret Wanja Muthui v Ministry of Transport, Infrastructure, Housing Urban Development and Public Workers & 2 others [2021] KEELRC 1009 (KLR)
✦ The application for joinder as an interested party is dismissed with costs.
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Annrose Wawira Munene v Elimu Schools [2021] KEELRC 1010 (KLR)
✦ The Court stays the execution of the judgment delivered on April 16, 2020, and subsequent decree emanating thereof, on condition the entire decretal sum and/or any unpaid balance thereof is liquidated in three (3) monthly equal instalments from the date of this ruling and in default of any one instalment execution to issue.
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Dock Workers Union (K) v Mohamed Sheria & 2 others; Barclays Bank of Kenya Limited (Interested Party) [2021] KEELRC 1021 (KLR)
✦ The Court determined that the subject of the counterclaim is not res judicata, and the meetings held on May 18, 2017, and October 22, 2017, were not regular.
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Erick Mungai Phoro v Corrugated Sheets Limited [2021] KEELRC 1019 (KLR)
✦ The Court rejects the Claimant's assertion of verbal termination and finds that the Claimant walked away from his job. The claims for compensation and notice pay must fail. Leave pay and service pay are awarded.
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Edward Mbalanya Kafuna v Ideal Security Services Ltd [2021] KEELRC 1008 (KLR)
✦ The application is dismissed for lack of merit and the suit is set down for hearing on the merits on the date of delivery of this ruling
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Joseph Kilonzo Ndetei v African Cotton Industries Limited [2021] KEELRC 1020 (KLR)
✦ The Court finds and holds that the Claimant has proved a case of wrongful dismissal and is entitled to compensation.
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Lawrence Njuguna Gullam v Five Forty Aviation Limited & Attorney General (Cause 328 of 2018) [2021] KEELRC 1012 (KLR) (Employment and Labour) (16 September 2021) (Ruling)
✦ Preliminary Objection to the suit is dismissed with costs.
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Juma Salim Mronda v Kwale International Sugar Company Limited [2021] KEELRC 1022 (KLR)
✦ The Court finds that the Claimant was not a casual employee and the termination was unlawful and unfair. The Court awards 8 months' salary in compensation and 1 month's notice pay.
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Chimera Chimoyo Alfan v Steel Makers Limited [2021] KEELRC 1018 (KLR)
✦ Claimant awarded 8 months' salary in compensation for unfair termination of employment and 1 month's salary in lieu of notice.
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Amina Nyadzua Chara v Hantex Garments (EPZ) Limited [2021] KEELRC 1017 (KLR)
✦ The Motion for stay of proceedings is dismissed with costs to the Claimant.
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Patrick Moi Enwani v Blue Rock Security Services Ltd [2021] KEELRC 939 (KLR)
✦ The Claimant's resignation was voluntary, and the remedies provided for under section 49 of the Employment Act are not available to the Claimant. The Claimant is awarded service pay of Ksh. 21,000/=. The Claimant's other claims are dismissed.