Kenyan case law
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Ann Simon Mukuhe v Telkom Kenya Limited [2014] KEELRC 838 (KLR)
✦ The court finds the termination of the plaintiff's employment by the defendant to be unfair and unlawful.
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Shollei v Judicial Service Commission; Commission on Administrative Justice (Amicus Curiae) (Petition 39 of 2013) [2014] KEELRC 764 (KLR) (7 March 2014) (Judgment)
✦ The Court quashes the letter of removal and proceedings, finds the Respondent violated the Petitioner's rights, and orders compensation and costs.
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Maina Mwangi v Thika Coffee Mills Limited [2014] KEELRC 599 (KLR)
✦ The termination was unfair and the Claimant is granted compensation for 18 days' salary, 1 month's notice, 18 days' leave, travel allowance, and 10 months' salary in compensation.
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Benard Mudiri Chanzu v Rift Valley Railways Kenya Limited [2014] KEELRC 840 (KLR)
✦ The court finds the termination unfair and orders the respondent to pay the claimant Kshs.453,576.00 for 12 months gross salaries and Kshs.37,798.00 for one month pay in lieu of notice.
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Kenya Union Of Domestic, Hotels, Educational Institutions, Hospitals And Allied Workers v Board Of Governors Gilgil Day Secondary School [2014] KEELRC 837 (KLR)
✦ The court dismissed the application for setting aside the judgment, finding it to be an abuse of process and an afterthought. The court upheld the judgment and ordered the respondent to bear the costs.
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Sarah Wanyaga Muchiri v Henry Kathii & another [2014] KEELRC 763 (KLR)
✦ The termination of the claimant's employment was unfair.
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Kenya Building Construction Timber and Furniture Industries Employees Union v Nakala Building General Contractors [2014] KEELRC 834 (KLR)
✦ The Court dismissed the Preliminary Objection and allowed the claim.
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Kenya Union of Employees of Voluntary & Charitable Organizations (KUEVACO) v De La Rue Currency & Security Print Limited [2014] KEELRC 466 (KLR)
✦ The issues raised in the application for review will be raised in the substantive case during the hearing and/or in the final submissions.
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Anne Waithera Kimani v Stephen Ndungu Njenga [2014] KEELRC 835 (KLR)
✦ The Court finds that the only claim that may be sustained under the Repealed Employment Act (Cap 226) is for house allowance, and awards the Claimant Kshs. 476,850 as house allowance for 187 months.
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Kimongoyo Muia v Steel Structures Limited [2014] KEELRC 839 (KLR)
✦ The application is allowed on the following conditions: the Respondent pays the claimant kshs.20,000/= as thrown away costs and kshs.1,000/= for costs ordered by the court on 22nd November, 2012. The case is fixed for hearing the Respondent's case.
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Elizabeth Wangare Gathoni & 2 others v Andrew Nightngale and Kembu E.A. Ltd [2014] KEELRC 602 (KLR)
✦ The termination of the 1st and 2nd claimants was found to be wrongful, unfair and unlawful, and they are entitled to the relief sought.
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Abraham Marks Mitao Mutikha v May Freight Limited [2014] KEELRC 594 (KLR)
✦ The termination of the claimant's employment was found to be wrongful, unfair and unlawful.
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Salome Akoya & 22 Others v East African Growers [2014] KEELRC 871 (KLR)
✦ The court found that the claimants were employees of the respondent and that their employment was terminated unlawfully.
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Alfred Mmbolo Mfoyongo v Karim Rajan t/a Smokeys Restaurant [2014] KEELRC 600 (KLR)
✦ The court found that the termination of the claimant's employment was not wrongful, unfair, or illegal.
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James Mangeli Musoo v Ezeetec Limited [2014] KEELRC 761 (KLR)
✦ The court dismissed the application and ordered the claimant to file a formal application for hearing inter partes.
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David Kihiti Mbugua v Tusker Mattresses Limited [2014] KEELRC 587 (KLR)
✦ The claim is dismissed with costs to the respondent.
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Beatrice Wayeko (Suing As Administratrix Of The Estate Of Oscar Smith Njinuli-Deceased) v Cellulant Kenya Limited [2014] KEELRC 836 (KLR)
✦ The employee was not on duty at the time of the accident and the employee's death did not occur in the course of employment. Therefore, no claim for general damages can be made. The discharge voucher and Staff Information Sheet do not affect the employee's entitlement to benefits.
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Benard A. Ludeshi v Kenya National Security Workers Union [2014] KEELRC 597 (KLR)
✦ The court found that the constitution submitted by the claimant is a forgery and thus rejected it. The court also found that the contract of employment was not a fixed term contract and that the termination was not wrongful, unfair, or unlawful.
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David Kihiti Mbugua v David Kihiti Mbugua [2014] KEELRC 604 (KLR)
✦ The preliminary objection subsists and the claim is dismissed with costs to the respondent.
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Kiptui v Kenya Pipeline Company Ltd (Cause 435 of 2013) [2014] KEELRC 905 (KLR) (3 March 2014) (Judgment)
✦ The termination was unfair as the claimant was not given a fair hearing and the mandatory process under section 41 of the Employment Act was not followed.
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Kenya Council of Employment and Migration Agencies v Attorney General & 9 others [2014] KEELRC 607 (KLR)
✦ The application is struck out in its entirety
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Irene Catherine Atieno v Petro Oil Kenya Limited [2014] KEELRC 574 (KLR)
✦ The notice of appeal should be deemed withdrawn and the sums payable to the claimant in the joint account be released to the claimant.
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Moses Agugo v Metric Annex Hotel [2014] KEELRC 631 (KLR)
✦ The termination of the claimant's employment was unfair
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P O v Board of Trustees, A F & 2 others [2014] KEELRC 623 (KLR)
✦ The Court awards the Claimant one month salary in lieu of notice, salary for the month of May 2010, general damages for sexual harassment, unfair and wrongful termination, and costs awarded to the Claimant.
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Kimatu Igecha v SBI International Holdings AG Kenya [2014] KEELRC 612 (KLR)
✦ Claim dismissed with no order on costs