Kenyan case law
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Malongo v Chemelil Sugar Company LTD (Cause 2 of 2019) [2022] KEELRC 12860 (KLR) (12 October 2022) (Judgment)
✦ The termination of the claimant's employment was unfair.
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Otieno v West Kenya Sugar Co Ltd & 2 others (Cause 31 of 2020) [2022] KEELRC 12827 (KLR) (12 October 2022) (Ruling)
✦ The Court found the dismissal unfair and awarded compensation and pay in lieu of notice.
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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.
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Omao v Duke Onyari (Acting Clerk, County Assembly of Nyamira) & 5 others (Petition 4 of 2022) [2022] KEELRC 12849 (KLR) (12 October 2022) (Ruling)
✦ The court marks the petition as settled in terms of the consent filed by the parties on July 28, 2022, and the recruitment process is stayed.
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Kariuki & 3 others v Kiambu Water & Sewerage Co. Ltd & 13 others (Petition E029 of 2022) [2022] KEELRC 12831 (KLR) (12 October 2022) (Ruling)
✦ The court has jurisdiction to hear and determine the petition.
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Makasi v Manji (Cause 1132 of 2017) [2022] KEELRC 12862 (KLR) (12 October 2022) (Judgment)
✦ The claimant failed to establish that he was an employee of the respondent.
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Muthui & 9 others & 9 others v Speaker County Assembly of Nyandarua & 2 others (Employment and Labour Relations Petition 28 of 2021) [2022] KEELRC 12897 (KLR) (11 October 2022) (Ruling)
✦ The application for stay is dismissed as the reinstatement order is self-executory and cannot be stayed pending appeal.
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Arondo v National Police Service Commission & 2 others (Petition E067 of 2022) [2022] KEELRC 12889 (KLR) (11 October 2022) (Ruling)
✦ The Employment Act does not apply to the deceased due to the provisions in Section 3(2) and Section 1(2) of the Act. The petition is not statute barred.
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Ndungu v Robert Bosch East Africa (Cause 656 of 2019) [2022] KEELRC 12858 (KLR) (11 October 2022) (Ruling)
✦ The court denied the claimant's application for security for costs and costs assessment.
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Okinyi v Mogas Kenya Limited (Cause 2066 of 2017) [2022] KEELRC 12881 (KLR) (11 October 2022) (Ruling)
✦ Leave is granted to the respondent to file the comprehensive list and bundle of documents dated June 27, 2022 and the same shall be deemed as properly filed.
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Kenya Shoe and Leather Workers Union v Crown Industries Limited (Cause 1953 of 2017) [2022] KEELRC 12917 (KLR) (11 October 2022) (Judgment)
✦ The court held that the dismissal was procedurally unfair and did not provide substantive fairness.
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Kathuri v Scania East Africa Limited (Cause E392 of 2021) [2022] KEELRC 12802 (KLR) (11 October 2022) (Ruling)
✦ The court will review its previous order, stay judgment delivery, and refer the case back to the Registry for investigation.
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Mukesh v Associated Construction( K) Ltd (Cause 265 of 2020) [2022] KEELRC 12863 (KLR) (6 October 2022) (Judgment)
✦ The court ordered the respondent to pay the claimant's terminal benefits and damages for breach of contract, but denied the claimant's request for damages for losses due to damaged plant machinery and wasted material.
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Nyambarora v Robinsons Investment Limited (Cause 288 of 2016) [2022] KEELRC 12755 (KLR) (6 October 2022) (Judgment)
✦ The Court finds the termination unfair and unjustified, and awards compensation and other remedies.
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Odialo v County Government of Homabay (Appeal E051 of 2021) [2022] KEELRC 12766 (KLR) (6 October 2022) (Judgment)
✦ The Appellant was unlawfully and unfairly terminated, and he is entitled to 12 months' salary for unfair termination.
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Kenya Shipping, Clearing, Freight Logistics & Warehousing Workers Union v Vegpro Kenya Limited (Employment and Labour Relations Cause 1415 of 2018) [2022] KEELRC 12886 (KLR) (6 October 2022) (Ruling)
✦ The court dismissed the respondent's preliminary objection.
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Akanga v Capital Markets Authority (Cause 1187 of 2014) [2022] KEELRC 12773 (KLR) (6 October 2022) (Judgment)
✦ The Court finds the dismissal unlawful and unfair, and awards the claimant compensation for three months' salary, unpaid salary, and accrued annual leave.
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Lagat v Great Lakes Port Limited (T/A APM Terminals Mombasa) (Employment and Labour Relations Cause 20 of 2019) [2022] KEELRC 12808 (KLR) (6 October 2022) (Judgment)
✦ Termination of the Claimant's employment was procedurally and substantively unfair.
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Mwathi v Kewal Contractors Limited & another (Appeal 70 of 2018) [2022] KEELRC 12884 (KLR) (6 October 2022) (Ruling)
✦ The court ordered the applicant to deposit the balance of the decretal sum in an interest-earning account within 60 days of the ruling.
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Lolwerikoi v Cabinet Secretary, Ministry of Agriculture, Livestock & Fisheries & another (Cause E364 of 2021) [2022] KEELRC 12763 (KLR) (6 October 2022) (Ruling)
✦ The application is granted, and the respondent is ordered to file and serve their response to the statement of claim and all other documents within 30 days from the date of the ruling. The 1st Respondent is liable for the costs of the application.
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Tamarind Village Limited v Sombo & another (Appeal 10 of 2020) [2022] KEELRC 12824 (KLR) (6 October 2022) (Judgment)
✦ The appeal is partly successful, and the awards of Ksh 1,411,518 and Ksh 1,346,906 are set aside. The 1st and 2nd respondents are awarded compensation for unfair termination, accrued leave days, and unpaid public holidays.
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Bishop Abiero Moyo Sec. School v Okumu (Appeal 19 of 2021) [2022] KEELRC 12872 (KLR) (6 October 2022) (Ruling)
✦ The court finds the application to have merit and issues an order reviewing the order awarding costs of the appeal to the respondent and substituting it with an order that each party shall bear their own costs of the appeal.
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Muchai v Phoenicia Hotel Nairobi (Cause 259 of 2018) [2022] KEELRC 12815 (KLR) (6 October 2022) (Judgment)
✦ Judgment in favor of the Claimant, with 3 months' equivalent of salary as general damages and costs awarded to the Claimant.
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Chairman B.O.M Bishop Abiero Moyo Sec. School v Osiyo (Appeal E020 of 2021) [2022] KEELRC 12752 (KLR) (6 October 2022) (Ruling)
✦ The court finds the application to have merit and issues an order for review of the order awarding costs of the appeal to the respondent, substituting it with an order that each party shall bear their own costs of the appeal.
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Kenya Union of Commercial, Food and Allied Workers v Tatu City & another (Cause E6452 of 2020) [2022] KEELRC 14647 (KLR) (6 October 2022) (Ruling)
✦ The 1st respondent is a necessary party to assist the court in arriving at a full determination of the issues in dispute