Kenyan case law
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Banking, Insurance, and Finance Union (Kenya) v Bank of India & another [2019] KEELRC 1051 (KLR)
✦ The claimant's request for a declaration that all employees should retire at 60 years and have the option to retire at 50 years with full benefits is dismissed. The Court finds that the retirement age is not a negotiable item under the recognition agreement.
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Paul Mutavi & another v Dunham Investments [2019] KEELRC 1137 (KLR)
✦ The Court finds the termination of employment unfair and awards compensation equivalent to 4 months and 6 months gross wages for the 1st and 2nd Claimant respectively.
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John Mwendwa Ali v Kalu Works Limited [2019] KEELRC 1098 (KLR)
✦ The 7 Claims are hereby struck out.
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Kenya Union of Sugar Plantation & Allied Workers v West Kenya Sugar Company Limited [2019] KEELRC 1093 (KLR)
✦ The application is dismissed with costs as it was brought prematurely and the agreed terms became part of the terms and conditions of service of all covered employees.
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Kevin Gumba Mumbo v Phibert Odiwuor Oduol t/a Time Sharp Enterprises [2019] KEELRC 1124 (KLR)
✦ Respondent's failure to file Statement of Response was not excusable, but Respondent has an arguable Response.
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Nashon Kungu Akuku v Migori Teachers’ Co-operative Savings & Credit Society Ltd [2019] KEELRC 1024 (KLR)
✦ The court finds that the plaintiff is entitled to arrear salaries and allowances for the period of suspension.
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Edith Kathure Munyua v Moi Teaching And Referral Hospital & 3 others [2019] KEELRC 1107 (KLR)
✦ The court found that the respondent did not follow a fair procedure in terminating the employment of the claimant and that the termination was not for a valid reason.
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Douglas Maina Kamau v Kibirigwi Farmers Co-Operative Society Limited [2019] KEELRC 1130 (KLR)
✦ Claimant is entitled to one month's salary in lieu of notice, six months' salary for unlawful dismissal, and costs of the suit.
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Edward Muriungi Mputhia v Chemigas Limited [2019] KEELRC 1056 (KLR)
✦ The dismissal was unfair as the union representative was not present during the hearing, and the employee was not given a chance to defend himself.
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David Wafula Wepukhulu v Kundan Singh Construction Limited [2019] KEELRC 1103 (KLR)
✦ The court finds the respondent strictly liable for the claimant's injuries due to the defective battery and failure to provide protective gear.
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Oscar Juma v Telkom Kenya Limited & 2 others [2019] KEELRC 1059 (KLR)
✦ The Court reviews the earlier order and directs the 1st Respondent to deposit Kshs.10 million in Court as security for judgement pending the hearing and determination of the claim within 30 days.
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Justus Miwani v Jiangxi Water & Hydro Power Construction Kenya Limited [2019] KEELRC 1064 (KLR)
✦ The termination was unfair as it was without a hearing in accordance with Section 41 of the Employment Act.
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Elijah Muriithi Muchiri & 12 others v County Government of Laikipia & another [2019] KEELRC 1083 (KLR)
✦ The court declared that the petitioners were employed on a permanent basis by the respondents by operation of law and as provided for under the Constitution.
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Salome Maina v Chief Officer Department of Education Laikipia County Government [2019] KEELRC 1121 (KLR)
✦ The suit is dismissed as there is no employee-employer relationship between the Claimant and the Respondent named in the suit.
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Roseline Ohanya v Emergency Plus Medical Services [2019] KEELRC 1028 (KLR)
✦ Claimant is entitled to 10% commission on the Kisii contract for one year, amounting to Kshs.567,000.
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Teachers Service Commission v Pauline Kasumba Osembe (Suing on Behalf of the Estate of John Mugonya Kasuma) & 2 others [2019] KEELRC 1021 (KLR)
✦ The appeal is allowed, and the judgment of the Resident Magistrate is set aside.
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Patrick Wanyonyi Khaemba v Teachers Service Commission & 2 others [2019] KEELRC 1047 (KLR)
✦ The court found in favor of the petitioner and issued orders for a declaration, prohibition, mandamus, and compensation.
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Stephen Njuguna Kamuri v Board of Management Kibutha Mixed Day Secondary School [2019] KEELRC 1149 (KLR)
✦ Dismissal was unfair and unlawful due to lack of notice and procedural violations
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Polycarp Shitakha Shilaho v Board of Management Musingu High School [2019] KEELRC 1019 (KLR)
✦ The dismissal was unfair both substantively and procedurally, and the claimant is entitled to the remedies sought.
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Patrick Otwani Ataro v Cabinet Secretary, Ministry of Water and Sanitation & another [2019] KEELRC 1151 (KLR)
✦ The motion fails, and is dismissed with no order as to costs.
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Julia Wairimu Ndiritu v Forward Mobiles (K) Ltd [2019] KEELRC 1194 (KLR)
✦ Claimant is entitled to Kshs. 7,000/- as notice pay, Kshs. 42,000/- as compensation for 6 months' salary, and Kshs. 20,000/- in costs.
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Boniface Mutua Kitungu v Peter Mwaura Kamau t/a Mwaura Kamau & Co. Advocates [2019] KEELRC 1164 (KLR)
✦ The application is dismissed with costs to the respondent
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Kenya Hotels & Allied Workers Union v Habesha Ethiopian Restaurant [2019] KEELRC 1113 (KLR)
✦ The court finds the dismissal unfair and orders compensation equivalent to six months salary and terminal benefits.
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Rono Cheruiyot & 15 others v S.B.I. International Holding (AG) Ltd [2019] KEELRC 1072 (KLR)
✦ The court finds the redundancy declaration valid and fair, but the computation of final dues was incorrect.
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Emilio Kirimi Njeru v New Bakers Limited; New Bakor Muthaiga Bakers Ltd (Objector) [2019] KEELRC 1216 (KLR)
✦ The Court sets aside the execution against the Objector due to irregularity.