Kenyan case law

Micheal Ng’ang’a Gatua v Equitorial Nut Processors Ltd [2017] KEELRC 1120 (KLR)

✦ The application for stay of execution pending appeal is dismissed with costs.

Joel Kawawa Mwalaulo v Cafesserie Limited [2017] KEELRC 1076 (KLR)

✦ Termination was unfair, and the Claimant is granted notice pay and compensation for unfair termination.

Kenya Union of Entertainment and Music Industry Employees v Sports Stadia Management Board [2017] KEELRC 1110 (KLR)

✦ The court reviews the previous judgment and orders the Respondent to continue recognizing KUDHEIHA for future CBA negotiations until KUDHEIHA is validly de-recognized.

Leah Ngala Tewa & 13 others v Arm Cement Limited [Formerly Athi Tiver Mining Limited] [2017] KEELRC 1095 (KLR)

✦ Termination was declared unfair, and the Respondent is ordered to pay the Claimants the total sum of Kshs. 2,002,528 as detailed in the Statement of Claim.

John Jelix Onyango Adero v Weatherford Services and Rental Limited [2017] KEELRC 1112 (KLR)

✦ The court dismissed the Respondent's motion to be struck out and dismissed the suit, directing the matter to proceed to trial on merit.

Charles Nzeki Mwanga v Senaca East Africa Limited [2017] KEELRC 1062 (KLR)

Alphani Ismael Mborio v Chania Transport Company Limited & another [2017] KEELRC 1138 (KLR)

✦ Claimant was employed as a General Clerk and was underpaid. The Court orders the Respondents to pay underpayment of salary and annual leave pay.

Juma Sena Dena v Shakatak Discotheque and Club [2017] KEELRC 1137 (KLR)

✦ Termination was unfair and the Respondent is ordered to pay the Claimant compensation and notice pay.

Jeremiah Macharia Mwangi v Teachers Service Commission [2017] KEELRC 1130 (KLR)

✦ The preliminary objection is upheld and the statement of claim is struck out with costs

Rispah Wangui Gicheru v Longonot Bar Restaurant [2017] KEELRC 1090 (KLR)

✦ The claimant is not entitled to the underpayment, gratuity, or service pay as prayed for due to the time-barred nature of the claims and the voluntary termination of employment.

Jades Collection Limited v Kenya Union of Commercial Food and Allied Workers Union [2017] KEELRC 1107 (KLR)

✦ Application for review of judgment dismissed with costs

Bernard Khakuli v Khilesh Natubhai & another [2017] KEELRC 857 (KLR)

✦ The Claimant was not a casual employee and his dismissal was not fair.

Dishon Ongonga v BOG Maseno Hospital [2017] KEELRC 818 (KLR)

✦ The dismissal was unfair and the claimant is entitled to terminal dues and costs.

James Kipchirchir Sambu v Patriotic Guards Limited [2017] KEELRC 1088 (KLR)

✦ The proclamation of goods is dismissed save for motor vehicle KCE 437Z, which is ordered released to the Objector.

Eric Mutuku Mwanzia v Economic Maintenance Products [2017] KEELRC 1128 (KLR)

✦ Termination was declared unfair. The Respondent is ordered to pay the Claimant the equivalent of 7.5 months' salary in compensation for unfair termination, salary for 25 days worked in November 2013, and 1 month salary in notice pay.

David Kipsang Kiplimo v Modern Coast Express Limited [2017] KEELRC 1140 (KLR)

✦ Termination was unfair, and the Claimant is granted compensation and arrears of salary.

Kamau Mwaura v Vanga Express Limited [2017] KEELRC 1141 (KLR)

✦ Claimant is only entitled to 8 months' salary at Kshs. 120,000

Bernard Mwangeka Mbughy v Steel Enginering Services Limited [2017] KEELRC 1111 (KLR)

✦ The Court finds the termination was not unfair and rejects the prayers for notice pay and compensation for unlawful termination. Annual leave pay of Kshs. 51,700 is ordered.

Kenya Union of Domestic, Hotel, Educational Institutions and Hospital Workers [KUDHEIHA] v Board of Management Aga Khan Hospital Mombasa [2017] KEELRC 1109 (KLR)

✦ Termination was unfair in the sanctioning of the Grievant.

Joseph Maina v Clearspan Construction Limited [2017] KEELRC 1102 (KLR)

✦ The Court finds that the Respondent was not under the Employment Act in force at the time of termination, and that notice pay sufficed. The Claimant should be recognized and rewarded for his years of service, and the Respondent should pay gratuity and notice pay as claimed.

Salim Fundi Chambika v Mash East Africa Limited [2017] KEELRC 1096 (KLR)

✦ The court orders the Respondent to pay the Claimant annual leave pay of Kshs. 168,000 and issues a Certificate of Service. Interest is granted at 14% per annum from the date of judgment till payment is made in full.

Amalgamated Union of Kenya Netak Workers v Toyota Kenya Limited [2017] KEELRC 1131 (KLR)

✦ The Application for review has no merit and is dismissed with costs to the Respondents.

Elphas Odhiambo Okenno v African Gas & Oil Company Limited [2017] KEELRC 1160 (KLR)

✦ Termination was valid but flawed on procedure. The Respondent shall pay the Claimant the equivalent of 2 months' gross salary at Kshs. 80,000 in compensation for unfair termination.

Alfred Mutinda v Raisons Distributors Limited [2017] KEELRC 1149 (KLR)

✦ The Respondent is ordered to pay the Claimant the equivalent of 12 months' salary in compensation for unfair termination at Kshs. 152,500.

Kariuki Njoroge v Kenyacam Limited [2017] KEELRC 408 (KLR)

✦ The dismissal was found to be procedurally and substantively unfair, and the Claimant is awarded compensation and leave pay.