Kenyan case law

A M Amboka & 186 v Kenyatta University & 22 others [2014] KEELRC 578 (KLR)

✦ The amendment to the claim is allowed, but the joinder of the 21 applicants is refused.

Peter Karanja Kuria v Carlile College [2014] KEELRC 579 (KLR)

✦ The Registrar is directed to release the said amount to the Claimant forthwith unless directed otherwise by an order of the Court of Appeal.

Lawrence Angolo Omuhaka v Mumias Sugar Company Ltd [2014] KEELRC 858 (KLR)

✦ The suspension of the claimant was found to be unfair and unjustified, and the claimant remains an employee of the respondent with all benefits until the case is heard and determined.

Daniel Otieno Mbola v Robinson Investments Limited [2014] KEELRC 848 (KLR)

✦ The court finds that the claimant was guilty of gross misconduct and collaboration in aiding a patient to attempt to escape from the hospital. The court holds that the claimant’s termination was lawful and fair.

Kenya Plantation And Agricultural Workers Union v Bilashaka Flowers Limited [2014] KEELRC 846 (KLR)

✦ The court allowed the application for review and amended the judgment to award 3 months' salary to Jane Wangeci, Loyford Ntwigah, and Benson Mwangi.

Eric Mungatana v Rinse Fennema & another [2014] KEELRC 856 (KLR)

✦ The Court found the termination to be unfair and the Claimant was constructively dismissed.

Nick Githinji Ndichu v Clerk, Kiambu County Assembly & another [2014] KEELRC 760 (KLR)

✦ The Industrial Court has jurisdiction to determine the Petitioner's removal from office and to issue a conservatory order for reinstatement.

Miheso v Kaimosi Tea Estate Limited (Cause 346 of 2013) [2014] KEELRC 610 (KLR) (14 March 2014) (Judgment)

Nelson Onyango Otho & 5 others v Rashid Jumaa Nyale & another [2014] KEELRC 864 (KLR)

✦ The 2nd Respondent is not a fit person to hold office as General Secretary of the Kenya Shipping, Clearing & Warehousing Workers Union and is ordered to stand removed from holding such office.

Charles Muthama v Wananchi Group [K] Limited [2014] KEELRC 593 (KLR)

✦ The Court finds termination to be wrongful, null and void, and grants the Claimant compensation of eight months' gross salary at Kshs. 4,480,000 for unfair termination.

Kenneth Kenyani Chavila v China Young Tai Engineering Co Ltd [2014] KEELRC 601 (KLR)

✦ The court finds that the claimant left his employment voluntarily and the termination was not wrongful, unjust, or unlawful.

Agnes Wachu & 104 others v Barclays Bank of Kenya [2014] KEELRC 524 (KLR)

✦ The consent recorded by the parties is set aside due to ambiguity, and the case proceeds for hearing de novo.

Volenzo Tom Elijah v Attorney General (Cause 1413 of 2010) [2014] KEELRC 591 (KLR) (13 March 2014) (Judgment)

✦ The termination was lawful and the claimant is not entitled to any relief.

Enoch Ngaira Lusala v Juzar A. Miyanji & another [2014] KEELRC 598 (KLR)

✦ The Court awards annual leave pay of Kshs. 81,270 and grants the Claimant annual leave for the period worked, but denies notice pay, compensation, severance pay, and overtime pay.

Joshua Lihanda v Outdoor Occasions Limited [2014] KEELRC 595 (KLR)

✦ Dismissal was based on valid grounds but carried out in breach of fair procedure. Claimant is granted 4 months' gross salary in compensation at Kshs. 46,000 and arrears of house rent allowance of 37 months at Kshs. 55,000.

Chrisantus Barasa Munyekenye v Kenya Yuncheng Making Limited [2014] KEELRC 949 (KLR)

✦ The Court finds in favor of the Claimant on all claims and orders the Respondent to pay the following: (a) Annual leave due: Kshs. 2,461.54 (b) Travelling Allowance: Kshs. 104,400.00 (c) Severance pay: Kshs. 5,500.00 (d) Salary unpaid for period: Kshs. 1,461.54 (e) Payment for public holiday: Kshs. 4,400.00 (f) Compensation for unfair termination: Kshs. 146,000.00

Cosmas Kawelu v Kabuito Constractors [2014] KEELRC 908 (KLR)

✦ Application for stay of execution of judgment is dismissed.

James Gitonga v Trustees of the Agricultural Society of Kenya [2014] KEELRC 969 (KLR)

✦ The claimant's claim is hereby struck out.

Milkah Khakayi Kulati v Sandstorm (Africa) Limited [2014] KEELRC 843 (KLR)

✦ The termination of the Claimant's employment was procedurally unfair as the Respondent failed to provide fair procedure.

Benta A. Khayo v Margaret Nderitu t/a Olive Gardens [2014] KEELRC 841 (KLR)

✦ The termination of the Claimant's employment was unfair due to lack of substantive justification and procedural fairness

Janet Kyayumbi Mwanza v Pammi Thatti [2014] KEELRC 1032 (KLR)

✦ The Claimant was not dismissed but absconded duty. The Claimant is not entitled to the prayers sought.

Caleb Ouya Opule v Bhupendra R. Bid & another [2014] KEELRC 583 (KLR)

✦ The Court finds the termination unfair and grants compensation for underpayment, 1 month salary in lieu of notice, and 10 months' salary in compensation.

Banking Insurance & Finance Union (Kenya) v Co-operative Bank of Kenya Ltd [2014] KEELRC 888 (KLR)

✦ The Court found that the termination was not valid due to negligence and the procedure was not fair.

Martin Makau Kitheka v Martin Makau Kitheka [2014] KEELRC 911 (KLR)

✦ The application for review is dismissed. The claimant's application fails to establish a good cause for review.

Amalgamated Union of Kenya Metal Workers v Unity Auto Garage (Nrb) Limited [2014] KEELRC 906 (KLR)

✦ The gazette notice No. 14722 is declared invalid due to procedural non-compliance. The respondent is ordered to pay agency fees to the claimant from 30th November 2012 to 30th October 2013, calculated at 2% of each employee's basic monthly wage.