Kenyan case law
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Daniel Odeny Mboya v Perfect Scan Limited [2017] KEELRC 1177 (KLR)
✦ The Court orders the Respondent to pay the Claimant 12 months' salary in compensation for unfair termination, 1 month salary in lieu of notice, underpayment of wages for the years 2013-2015, and wages for 19 days worked in September 2015.
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David Gaitho Ndungu v Timaflor Limited [2017] KEELRC 1175 (KLR)
✦ The dismissal was unfair due to the claimant's valid complaint based on a clear medical recommendation. The court awards the claimant maximum 12 months' pay at the last monthly pay of Kshs. 11,950.00.
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Okiya Omtatah Okoiti v Board of Directors, Athi Water Services & 6 others [2017] KEELRC 1182 (KLR)
✦ The Court has jurisdiction to entertain the Petition and the Petition meets the threshold for a constitutional petition. The Petitioner has the locus standi to bring the Petition.
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Joseph Kyalo Nzangi v Zucchini Greengrowers Limited [2017] KEELRC 1099 (KLR)
✦ The claimant's services were unfairly terminated, and the court orders seven months' salary as compensation
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Onyango v Teachers Service Commission (Cause 1714 of 2014) [2017] KEELRC 1098 (KLR) (16 June 2017) (Ruling)
✦ Court overrules objection and directs matter to proceed to trial on merit.
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Margaret Maloba Josphat v Sheer Logic Management Consultants Ltd [2017] KEELRC 1143 (KLR)
✦ The termination was procedurally and substantively unfair, and the Claimant is awarded 12 months' salary in compensation, 1 month's salary in lieu of notice, and salary for 5 days in February 2014.
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Sasini Tea & Coffee Limited v Jane Muthoni Mwaura [2017] KEELRC 1166 (KLR)
✦ Proceedings in Kiambu CMCC No 31 of 2015 are hereby stayed pending the hearing and determination of the Appellant's appeal pending before this Court.
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Justine Aburi Okemwa v Sheikh Zayed Children Welfare Centre [2017] KEELRC 992 (KLR)
✦ The court finds that the termination of the claimant's employment was wrongful and unfair, and awards him compensation and other benefits.
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John Ngatia Nderitu v Othaya Boys High School [2017] KEELRC 1184 (KLR)
✦ The claimant's suit is dismissed with orders that each party will bear their own costs.
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Nahashon Njoroge Mwaura v South Sioux Farms Limited [2017] KEELRC 1082 (KLR)
✦ Application is dismissed with costs.
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Johnstone Ogechi Mose v National Police Service Commission [2017] KEELRC 1157 (KLR)
✦ Petition is time-barred and an abuse of court process
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Charles Okungu Odhiambo & 29 others v Juja Coffee Exporters Limited [2017] KEELRC 1106 (KLR)
✦ Termination was unfair and unlawful, and the Respondent is ordered to pay compensation and release Certificates of Service.
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Oscar Ongaya v Shree Sai Industries Limited [2017] KEELRC 1119 (KLR)
✦ The dismissal was valid and justifiable due to suspicion of theft, but the respondent failed to follow due process.
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Bakery, Confectionery, Food Manufacturing and Allied Workers Union [K] v Mombasa Maize Millers Limited & another [2017] KEELRC 1195 (KLR)
✦ The Court finds the redundancy claim is struck off and the parties are directed to pursue the recognition dispute.
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Kenya Electrical Trades & Allied Workers Union (KETAWU) Mt. Kenya East Branch v General Secretary Kenya Electrical Trades & Allied Workers Union (KETAWU) [2017] KEELRC 1104 (KLR)
✦ The court finds that the elections were not conducted in accordance with the union's constitution and that the interim branch officials were improperly appointed. The court orders the respondent to forward the form Q to the Registrar of Trade Unions so that the branch officials elected at the elections of 25.02.2017 can be registered.
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Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Medical Research Institute (KEMRI) [2017] KEELRC 1113 (KLR)
✦ The court directs that the respondent implements the two Government circulars on its employees and pays accrued arrears in the succeeding financial year.
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Jellic Munyasya v Brinks Security Services Limited [2017] KEELRC 1146 (KLR)
✦ The Claimant's employment was terminated without valid cause and the Respondent failed to demonstrate efforts to notify the Claimant of the dismissal.
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Doris Kairuthi Kaaria & 5 others v Kenya Methodist University [2017] KEELRC 1188 (KLR)
✦ The court finds that the termination of employment was not justified as a redundancy and that the claimants are entitled to interim preservation orders and costs.
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Clint Njoroge Kimani & another v Stephen Muthii Kimiritu [2017] KEELRC 1181 (KLR)
✦ The appeal is struck out with costs as the court lacks jurisdiction over the matter.
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Katunge Kiilu v National Aids Control Council [2017] KEELRC 1093 (KLR)
✦ Application dismissed as claimant has demonstrated a prima facie case but damages would adequately compensate her
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Enock Azenga Endome v Kawamwaki Limited [2017] KEELRC 1189 (KLR)
✦ The Court dismisses the Respondent's application to dismiss the Claimant's claim for want of prosecution.
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Kenya Union of Domestic, Education Institutions, Hospital and Allied Workers (Kudheiha) v Black And White Restaurant Limited [2017] KEELRC 1162 (KLR)
✦ The claimant is entitled to one month pay in lieu of notice, service pay for 3 years, pay for untaken annual leave, underpayment of salaries, house allowance, and 12 months of compensation for unfair termination.
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Kenya County Government Workers Union v County Public Service Board of Kitui [2017] KEELRC 1186 (KLR)
✦ The court dismissed the application and ordered the costs to be in the cause. The court held that the deceased was only a witness and the suit should proceed as filed. The court also held that there was no representative suit in the present case and the present suit was a referral of a trade dispute.
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Kenga Charo Kambi v Blue Jay Investment Ltd [2017] KEELRC 971 (KLR)
✦ The summary dismissal was unfair due to the lack of proof of negligence and the respondent's failure to follow fair procedure.
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Alex Musyoka Kimanzi v Alidi Kenya Limited [2017] KEELRC 1168 (KLR)
✦ The court finds that the respondent is not about to dispose of its assets or repatriate them, and thus the application fails.