Kenyan case law
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Kiilu v Standard Chartered Bank Kenya Ltd (Cause 1213 of 2017) [2023] KEELRC 2698 (KLR) (27 October 2023) (Judgment)
✦ The Court declared the Claimant's termination as substantively unfair and wrongful, awarded compensatory damages of Kshs 300,000, and ordered interest on the amount at court rates.
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Sagoo v Thika Cloth Mills Limited (Cause 372 of 2019) [2023] KEELRC 2697 (KLR) (27 October 2023) (Judgment)
✦ The Court found the termination to be unfair and unlawful, and ordered reinstatement and compensation.
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Owino v Radiant Power System Limited (Petition E094 of 2022) [2023] KEELRC 2651 (KLR) (27 October 2023) (Judgment)
✦ The court orders the Respondent to pay the Petitioner Kshs 9,339 for a sum deducted from his terminal dues.
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Kenyatta National Hospital (Cause 673 of 2019) [2023] KEELRC 2622 (KLR) (27 October 2023) (Judgment)
✦ The claim is dismissed as statute barred.
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Gatuku v Geminia Insurance Co. Limited (Employment and Labour Relations Cause 79 of 2019) [2023] KEELRC 2689 (KLR) (27 October 2023) (Judgment)
✦ The Court found that the employer did not commit a repudiatory breach of the contract and that the employer's conduct was not unreasonable enough to cause the Claimant to resign.
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Makunjo v Technical University of Kenya (Cause E396 of 2021) [2023] KEELRC 2685 (KLR) (27 October 2023) (Judgment)
✦ The Court finds that there is no conclusive evidence that the Claimant undertook the transaction with respect to receipt no REC179524, casting doubt on the Respondent's version of events.
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Nduku v Osteria Group (Kenya) Limited (Cause E002 of 2022) [2023] KEELRC 2699 (KLR) (27 October 2023) (Judgment)
✦ The Claimant was protected from unfair termination due to the Respondent's failure to prove intermittent engagement.
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Tuguro v National Intelligence Service & another (Petition E213 of 2022) [2023] KEELRC 2614 (KLR) (27 October 2023) (Judgment)
✦ The petition will be stayed pending exhaustion of the respondent's internal dispute resolution mechanisms.
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Burugu v Nairobi Bottlers Ltd (Cause 499 of 2019) [2023] KEELRC 2679 (KLR) (27 October 2023) (Judgment)
✦ The Court found that the Respondent had a valid reason to terminate the employment, but the termination was not fair due to procedural irregularities.
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Wanjiru v Muthaiga Country Club (Cause 776 of 2018) [2023] KEELRC 2682 (KLR) (27 October 2023) (Judgment)
✦ The Court finds that the termination was not unfair and dismisses the Claim in its entirety with each party bearing their own costs.
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Kwonyike v Chief of Defence Forces & 2 others (Employment and Labour Relations Petition 52 of 2021) [2023] KEELRC 2708 (KLR) (27 October 2023) (Judgment)
✦ The Petitioner is not entitled to the reliefs sought.
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Nyamu v Kenya Electricity Generating Company Limited (Employment and Labour Relations Cause 1915 of 2017) [2023] KEELRC 2672 (KLR) (27 October 2023) (Judgment)
✦ The Court found the termination unjustified and ordered the Respondent to reinstate the Claimant
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Makini Schools Limited v Omutakha & 5 others (Cause E072 of 2023) [2023] KEELRC 2619 (KLR) (27 October 2023) (Ruling)
✦ The Court grants the application for enlargement of time and orders the decretal sum to be deposited in Court as a condition for granting the stay.
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Livingstone v Hatari Security Guards Limited (Employment and Labour Relations Cause 2282 of 2017) [2023] KEELRC 2671 (KLR) (27 October 2023) (Ruling)
✦ The Respondent is ordered to deliver the affidavits supporting his pleadings to the court by October 30, 2023, and the judgment scheduled for May 5, 2023, will be delivered on February 9, 2024.
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Kiboko v Osteria Group (Kenya) Limited (Cause E023 of 2022) [2023] KEELRC 2700 (KLR) (27 October 2023) (Judgment)
✦ The Court held that the Claimant was indeed earning Kshs 100,000 per month and that the Respondent owed him Kshs 1,494,000 in unpaid salary.
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Ndegwa v Kenya National Union of Teachers (Cause 260 of 2020) [2023] KEELRC 2681 (KLR) (27 October 2023) (Judgment)
✦ The Court allows the claim against the Respondent only to the extent that the Claimant is entitled to be paid the balance of the lump sum pension and unremitted pension totalling the sum of Kshs 917,988.00.
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Okanya v Woodrow Communications Limited (Employment and Labour Relations Cause E825 of 2022) [2023] KEELRC 2674 (KLR) (27 October 2023) (Ruling)
✦ The court declared that the matter is not on arbitration and ordered the proceedings to proceed
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Njoroge v Cold Solutions Kiambu Sez Limited (Cause E804 of 2022) [2023] KEELRC 2686 (KLR) (27 October 2023) (Judgment)
✦ The court finds the termination procedurally and substantively unfair, and awards compensatory damages and interest.
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National Transport & Safety Authority v Nthiga (Miscellaneous Application E005 of 2023) [2023] KEELRC 2707 (KLR) (27 October 2023) (Ruling)
✦ The court granted the stay of execution of the judgment pending the hearing and determination of the appeal.
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Nyakundi v Ready Consultancy Company Limited (Cause 720 of 2018) [2023] KEELRC 2696 (KLR) (27 October 2023) (Judgment)
✦ The Respondent's action of stopping the Claimant from attending to his duties was not a valid and fair reason, and the termination was not in accordance with fair procedure. The Claimant is entitled to the reliefs sought.
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Githura v Safaricom Limited (Cause 2122 of 2017) [2023] KEELRC 2684 (KLR) (27 October 2023) (Judgment)
✦ Claimant awarded compensatory damages in the sum of Kshs 258,808.00
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Ogweno v Karanja & another (Cause 1136 of 2018) [2023] KEELRC 2683 (KLR) (27 October 2023) (Judgment)
✦ The Claimant's employment was unfair and unlawful.
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Munyithya v Bandas & Grill Limited (Miscellaneous Application E124 of 2021) [2023] KEELRC 2652 (KLR) (26 October 2023) (Ruling)
✦ The application is dismissed with costs.
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Odhiambo v Riley Falcon Security Services Limited (Appeal E026 of 2023) [2023] KEELRC 2595 (KLR) (26 October 2023) (Ruling)
✦ The consent order is binding and the Appellant's new memorandum of appeal is untenable. The motion is dismissed.
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Livoi v Macnaughton Limited (Employment and Labour Relations Cause E410 of 2021) [2023] KEELRC 2630 (KLR) (26 October 2023) (Judgment)
✦ The contract of service between the parties was lawfully terminated due to the frustration of the contract.