Kenyan case law

Michael Ng’ang’a Ruirii v Karani Mutitu [2018] KEELRC 1091 (KLR)

✦ The motion to introduce new claims is dismissed as the Claimant is time barred under Section 90 of the Employment Act.

Beatrice Wambui Njenga v Export Processing Zones Authority [2018] KEELRC 1011 (KLR)

✦ The application is dismissed without merit

David Kibe Njure v Sarova Whitesands Hotel Limited [2018] KEELRC 1109 (KLR)

✦ The court declares the retirement of the claimant unfair and unlawful, finds the respondent negligent, and orders compensation including 7 months' salary, medical costs, and general damages.

Josphat Mwangi Gakingo v Radix Consulting Limited [2018] KEELRC 1000 (KLR)

✦ The termination was unfair due to poor performance and misconduct, and the procedure followed was not fair.

Kenya Electrical Trades & Allied Workers Union v Kenya Power & Lighting Company Limited [2018] KEELRC 1130 (KLR)

✦ The Respondent's application is rejected, and the Respondent is ordered to file and serve its closing submissions, including a submission on res judicata, within 14 days of this ruling. The Claimant is ordered to file supplementary submissions focusing on res judicata within 14 days of receiving Respondent's submissions. Costs of the application are awarded to the Claimant.

Peninnah Kathikwa Mwendwa v Re-Suns Spices Limited [2018] KEELRC 1086 (KLR)

✦ Claimant's suit dismissed with no order as to costs

Millicent Liani v Catapult Brand Consulting Limited [2018] KEELRC 1136 (KLR)

✦ The Court held that the Respondent was liable for the constructive termination of the contract due to the failure to pay the claimant's salary for February and March 2013.

Christopher Bernard Wasike v International Centre of Insect Physiology and Ecology [2018] KEELRC 1123 (KLR)

✦ The Court finds and holds that the respondent has laid before the Court a P.O. which meets the threshold set out by Mukisa Biscuits Case aforesaid.

Kevin James Wood v Rift Valley Railways (K) Limited [2018] KEELRC 1117 (KLR)

✦ Claimant is entitled to USD.78,278.82 plus costs and interest from the suit till payment in full.

Kenya National Union of Nurses v County Public Service Board Uasin Gishu County Government & another [2018] KEELRC 2568 (KLR)

✦ The application is denied as the applicant is not a proper party to the suit.

Kenya National Private Security Workers Union v Samo Security Limited [2018] KEELRC 1119 (KLR)

✦ The Claimant is awarded six (6) months' salary in compensation for the wrongful and unfair termination in the sum of Kshs.48,000.

Lawrence Nyamichaba Ondari v National Hospital Insurance Fund [2018] KEELRC 1023 (KLR)

✦ The court finds the claim unmerited and dismisses it with costs.

June Dezina Vel v Nation Media Group Ltd [2018] KEELRC 1014 (KLR)

✦ The court overrules the preliminary objection and directs the matter to proceed to full trial on merits.

Joseph Wanjohi v National Water Conservation & Pipeline Corporation others [2018] KEELRC 1031 (KLR)

✦ The court awards the claimant one month's salary in lieu of notice, 10 months salary as compensation for unfair termination of service, and severance pay at 15 days pay for each completed year of service.

BOM St. Angela Mumias Secondary Vocational School for Deaf Girls v Kenya Union of Domestic Hotels Education Institutions Hospital Workers (KUDHEIHA) [2018] KEELRC 1104 (KLR)

✦ The court finds that the Claimant has not made a case for cancellation of the Recognition Agreement.

Mark Wafula v Board of Management Friends Secondary School Kibisi [2018] KEELRC 1051 (KLR)

✦ The court finds the claimant constructively dismissed and awards him 12 months salary in lieu of notice, three years salary in lieu of leave, service gratuity, and 12 months salary in compensation for unlawful dismissal.

Login Gimonde Lwandege & 19 others v Attorney General & another [2018] KEELRC 1036 (KLR)

✦ The order of dismissal for want of prosecution is set aside, and the suit is set down for hearing on priority basis.

Samuel Ojwang Juma v Saphire Collections Limited [2018] KEELRC 1111 (KLR)

✦ The claimant was unfairly dismissed and the court awards him Kshs.267,805.45 plus costs and interest.

Morris Ndugure v Trustees of the Agricultural Society of Kenya [2018] KEELRC 1099 (KLR)

✦ The claimant substantially succeeds in his claim and is awarded the requested remedies, including costs and interest.

Collins Wanyonyi Lusweti v East African Storage Company Limited [2018] KEELRC 1110 (KLR)

✦ The Claimant's claim is dismissed with costs to the Respondent.

Corporal Thomas Othoo v National Police Service Commission & 3 others [2018] KEELRC 1016 (KLR)

✦ Petitioner’s dismissal overturned due to flawed Orderly Room Proceedings, new hearing ordered

Alexander Kiberenge Aderi v Devkan Enteprises Limited [2018] KEELRC 1125 (KLR)

✦ The dismissal was found to be unfair due to the lack of a fair hearing, and the claimant is awarded one month salary in lieu of notice plus 4 months salary compensation for unfair dismissal.

Habiba Kadhey v International Rescue Committee [2018] KEELRC 1012 (KLR)

✦ Claimant's objection to jurisdiction is dismissed, and the case proceeds to trial.

Brian Wekesa Mukwana v Focus Clinicial & Diagnostic Centres Limited [2018] KEELRC 1072 (KLR)

Calmerita Kathomi Njue v Batian Flowers Limited [2018] KEELRC 1025 (KLR)

✦ The suit is dismissed as the disciplinary process complied with the Employment Act and the Claimant had the option to appeal.