Kenyan case law

Elizabeth Kwamboka Khaemba v Bog Cardinal Otunga High School Mosocho & 2 others [2014] KEELRC 842 (KLR)

✦ The termination of the claimant's employment was found to be unfair and unjustified.

David Kimani & 9 others v Geothermal Development Company Limited [2014] KEELRC 614 (KLR)

✦ The court finds that the monthly payments to the claimants, except claimants 1, 2, 5, and 6, were not subject to income tax and upholds the findings.

Caleb Kibaara Mathenge and 3 others v Stage Mattresses Limited [2014] KEELRC 822 (KLR)

✦ The court finds that the dismissal of the matter was fair and just, and the court's order of settlement was not valid due to the absence of affidavits of service and the claimants' absence in court.

Kenya Union of Commercial Food and Allied Workers v Nol Turesh Loitokitok Water and Sanitation Co. Limited & another [2014] KEELRC 633 (KLR)

✦ The Application is dismissed with costs payable to the Respondent Union

Nyambu v Jaspa Logistic (Adoption Cause 201 of 2013) [2014] KEELRC 629 (KLR) (28 February 2014) (Judgment)

Kenya Union of Domestic Hotels Educational Institutions Hospitals & Allied Workers v Naaro High School [2014] KEELRC 635 (KLR)

✦ The dismissal is reduced to a normal termination, and the claimant is awarded three months pay in lieu of notice, service gratuity, prorata annual leave, half salary for suspension, weekly off days, and a certificate of service.

Kenya National Private Security Workers Union v Well’s Fargo Security Limited [2014] KEELRC 821 (KLR)

✦ The court finds the termination unfair and orders the respondent to pay the claimant the dues as set out in the summary dismissal letter dated 8.6.2011 and 3 months gross salaries at the rate of the last gross monthly salary, by 1.4.2014, and in default, interest to be payable from the date of the judgment till full payment.

Josiah Chege Macharia v Board Of Governors Mithuri Secondary School [2014] KEELRC 820 (KLR)

✦ Claimant is entitled to Kshs.64,882.00 for unpaid salary and Kshs.82,382.00 for pay in lieu of leave, totaling Kshs.147,264.00. The claimant is also entitled to costs of the suit.

Richard Manya Ayieko v Chemilil Sugar Co. Ltd [2014] KEELRC 826 (KLR)

✦ The termination was not lawful as the employer did not follow the required procedures. The claimant is entitled to severance pay, house allowance, and a certificate of service.

Agnes Ngendo Wanyoike v Kenya Pipeline Company [2014] KEELRC 636 (KLR)

✦ The court allows the application and grants leave to file the claim out of time.

Elizabeth Cherono Kurgat v Kenya Literature Bureau [2014] KEELRC 616 (KLR)

✦ The Court dismisses the claim and orders the Respondent to pay withheld salary, pension, and other benefits. The termination was fair in both procedure and substantive justification.

Kenya Union Of Printing, Paper Manufacturers and Allied Workers v Packaging Industries Limited & another [2014] KEELRC 620 (KLR)

✦ The Court orders a ballot to be conducted at the Respondent to determine the level of representation between the Claimant Union and the Interested Party.

Sophia Wambui Muthoni v Muramati Sacco Society Limited [2014] KEELRC 626 (KLR)

✦ Claimant’s termination was justified by valid reasons and the procedure was in large fair, though flawed in minor aspects.

Kenya Chemical and Allied Workers Union v Leather Life EPZ Limited [2014] KEELRC 622 (KLR)

✦ The Court awards wage increment to the workers at a rate of 18% in the first year and 21% in the second year, effective from 1st April 2011 to 31st March 2013.

Charles Munyiri Wanderi v Unga Farm Care [E.A.] Limited [2014] KEELRC 621 (KLR)

✦ Termination of the Claimant's contract of employment was unfair.

Kenya Engineering Workers Union v Abyssina Iron And Steel Ltd [2014] KEELRC 833 (KLR)

✦ The court orders the respondents to recognize the claimants and enter into negotiations leading to the signing of a recognition agreement within 30 days.

Maths Trading Company Limited v Catherine Mwihaki Ngambi [2014] KEELRC 624 (KLR)

✦ The court orders the employer to comply with the previous orders and directs the employer to reinstate the employee until March 4, 2014.

Dan Aguko v Kibos Sugar and Allied Industries Ltd [2014] KEELRC 827 (KLR)

✦ The termination was not justified due to lack of due process and hearing. The claimant is awarded 1 month salary in lieu of notice, 1 month salary in lieu of leave, 12 months salary as damage for unlawful termination, and house allowance for 33 months.

Etyang v Total Security Surveillance (Cause 248 of 2013) [2014] KEELRC 632 (KLR) (24 February 2014) (Judgment)

Kilonzo v Bahari [T] Company Ltd (Cause 157 of 2013) [2014] KEELRC 640 (KLR) (24 February 2014) (Judgment)

Nyamoko v Jurgen Fuks T/A Shakatak Night Club (Cause 192 of 2013) [2014] KEELRC 639 (KLR) (24 February 2014) (Judgment)

Charles Maina Munyua v Victory Construction Limited [2014] KEELRC 647 (KLR)

✦ The judgment and decree are hereby stayed pending the hearing and determination of the intended appeal.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Leshau Boys' High School [2014] KEELRC 818 (KLR)

✦ The judgment is upheld, but the court finds that the grievants are not entitled to a termination notice and the June 2010 pay was properly a pay in lieu of annual leave. The court orders the claimant union to serve the ruling on the Cabinet Secretary for Education, Science and Technology and the Attorney General, and the respondent to pay the grievants Kshs.141,394.00.

Abubakar Ali Shee v Tourism Promotion Services (K) Ltd [2014] KEELRC 645 (KLR)

✦ Application to join Lonrho Hotels Kenya Limited as a 2nd Respondent is refused

Banking Insurance& Finance Union (Kenya) v Kirinyaga District Cooperative Union Ltd & another [2014] KEELRC 809 (KLR)

✦ The Court found the respondent's declaration of redundancy invalid and ordered compensation for wrongful termination of employment.