Kenyan case law

Kioko Joseph v Bamburi Cement Limited [2015] KEELRC 1079 (KLR)

✦ The Court finds that the Claimant's suspension and dismissal were justified due to his unauthorized cutting and transporting of metal beams, and his subsequent safety violations.

Bernard Gonzale Lando v Mehta Electrical Limited [2015] KEELRC 1078 (KLR)

✦ The Court declines the application for stay of execution and orders the sum of Kshs. 220,278 to be released to the Claimant's advocate.

Elias Kiplagat Kandie v 680 Hotel Ltd [2015] KEELRC 1014 (KLR)

✦ The dismissal was unfair and the claimant is awarded compensation and costs.

Nancy Dorothy Akinyi Omollo v Mombasa Apparel [EPZ] Ltd [2015] KEELRC 908 (KLR)

✦ The Court awards the Claimant Kshs. 61,647 all inclusive, payable within 30 days, and in default, execution will issue.

Luke Okoba Busily v Mr. Vipin Patel T/A Manshi Enterprises [2015] KEELRC 1074 (KLR)

✦ The court awards the Claimant six (6) months' salary as compensation for the unlawful and unfair dismissal in the sum of Kshs 100,242.

Oriaro v Social Security and Services & 4 others (Petition 24 of 2015) [2015] KEELRC 1076 (KLR) (22 May 2015) (Ruling)

✦ The preliminary objection is not upheld, and the consolidated dispute will take its normal course.

Paul Kiarie Muiruri v Widrups Group Limited [2015] KEELRC 978 (KLR)

✦ Claimant awarded salary for May, 9 days in June, salary in lieu of notice, and eight months' salary as compensation for unfair dismissal

Kenya Plantation & Agricultural Workers Union v Maridadi Flowers Limited [2015] KEELRC 1095 (KLR)

✦ The Court found that the Collective Bargaining Agreement did not apply to the Grievants as they were not unionisable employees and no recognition agreement was produced.

Barnes Mwema v Kenpoly Limited [2015] KEELRC 997 (KLR)

✦ The preliminary objection is overruled and the suit proceeds to trial on merit.

Masimiano Njeru Mbiti v Joyce Boswell & another [2015] KEELRC 1025 (KLR)

✦ The application is dismissed as the suit was already dismissed on March 28, 2014.

David Omega Mwasiaji v Karuturi Ltd & another [2015] KEELRC 1094 (KLR)

✦ The termination of the Claimant's employment through redundancy was both procedurally and substantively unfair.

Charles Kariuki & 11 others v Kenya Plant Health Inspectorate Service (Kephis) & another [2015] KEELRC 1092 (KLR)

✦ The 1st Respondent (KARI) is legally liable to the Claimants for salary arrears and NSSF refunds as per the annexure to the Further Further Amended Plaint.

Kenya Union of Commercial, Food and Allied Workers v Kitui Water & Sanitation Co. Ltd & another [2015] KEELRC 974 (KLR)

✦ The dismissal was unfair and the claimant should be reinstated to his employment without loss of benefits or seniority.

Michael Waweru Wainaina v Bamburi Cement Limited [2015] KEELRC 1080 (KLR)

✦ The claim is dismissed with no order on the costs.

Kenya Union of Domestic Hotels Educational Institutions, Hospitals and Allied Workers v Pastoral Industries [2015] KEELRC 1083 (KLR)

✦ The court finds that the claimant is entitled to the terminal dues as prayed for and enters judgment for the claimant.

Rain Drops Limited v County Government of Kilifi (Civil Case 9 of 2015) [2015] KEELRC 546 (KLR) (21 May 2015) (Ruling)

Collective Bargaining Advisory Centre v Ministry for Labour and Human Resource Development & 4 others [2015] KEELRC 1013 (KLR)

✦ The Court dismissed the application as the Petitioner failed to show up for the hearing and the dismissal was valid

Edward Acholla v Sogea Satom Kenya Branch & 2 others [2015] KEELRC 1606 (KLR)

✦ Application for review dismissed

Rebecca Kinyagho Mwairuwa v Standard Chartered Bank [2015] KEELRC 876 (KLR)

✦ Award is entered in terms of the Parties' proposal above.

Jowasi Ambundo Kasina & 5 others v Kenafric Industries Limited [2015] KEELRC 1050 (KLR)

✦ The claims are dismissed as the nature of the claims for compensation for loss of employment and notice pay have no legal basis.

Anne Kirumba Riungu v Telkom Kenya Limited [2015] KEELRC 1056 (KLR)

✦ The application is dismissed as the respondent has settled the entire judgement amount and the attachment is illegal.

Kenya National Union of Nurses v Nandi County Public Service Board & 2 others [2015] KEELRC 1106 (KLR)

✦ The Court grants the interim restraining order and directs the parties to file their responses and documents within 21 days for the cause to be set down for hearing on the merits.

Banking, Insurance & Finance Union (Kenya) v Co-Operative Bank Of Kenya Ltd [2015] KEELRC 1051 (KLR)

✦ The Court found that the dismissal was not fair and that the employer did not act in accordance with the tenets of justice and equity.

Philip Gitonga Mbiriti v Equity Bank Limited [2015] KEELRC 1059 (KLR)

✦ Suit dismissed due to time-barred claim under Employment Act, 2007

Patrick Ouma Owinyo v Paper Converters Limited [2015] KEELRC 996 (KLR)

✦ The Court held that the Claimant's resignation was valid due to unpaid leave and that the Respondent did not withhold gratuity in violation of the CBA.