Kenyan case law
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Cyprian Nyachae Monani v Metric Inn Company Limited [2015] KEELRC 910 (KLR)
✦ The Court awards the Claimant Kshs 32,100 and costs of Kshs 25,000, with payment to be made within 45 days.
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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.
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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.
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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.
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Banking Insurance & Finance Union (Kenya) v Ukulima Sacco Society Ltd [2015] KEELRC 1063 (KLR)
✦ The termination was not unfair, but the procedure violated the Collective Bargaining Agreement and Employment Act.
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Republic v Kenya Industrial Estates Limited & another Ex-parte Tom Dulla Odeny [2015] KEELRC 1123 (KLR)
✦ The ex-parte orders were set aside and the respondents were ordered to pay the costs of the proceedings.
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Peter Ocholi v Chairman, B.O.M. Afraha High School [2015] KEELRC 1072 (KLR)
✦ The court declines to reinstate the suit due to the claimant's failure to explain his non-attendance
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James Mbirika Akoyo v County Government of Kitui [2015] KEELRC 1096 (KLR)
✦ A conservatory order to preserve the employment of the Claimant/Applicant, only subject to a lawful and fair termination of the employment by the employer.
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Joseph Njoroge Thiga v Invesco Assurance Company Limited [2015] KEELRC 1604 (KLR)
✦ The termination of employment was in accordance with the terms and conditions of employment, and the suit is dismissed with costs to the Respondent.
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Jane Karwithia Kwaria v Meru Farmers Sacco Society Limited [2015] KEELRC 1104 (KLR)
✦ The court finds that the termination was not unfair and upholds the employer's decision.
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Kenya Nut Company (Kiaora Estate) Ltd v Felistah Wanjiru [2015] KEELRC 1125 (KLR)
✦ The judgment of the trial court is upheld, and the appeal is dismissed with costs.
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John Nganga Mangae v Kenya Commercial Bank Ltd (Cause 127 of 2014) [2015] KEELRC 1122 (KLR) (15 May 2015) (Ruling)
✦ The dismissal order is set aside and the case is reinstated for hearing.
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Mworia v Water Resources Management Authority & 2 others (Constitutional Petition 4 of 2015) [2015] KEELRC 1124 (KLR) (15 May 2015) (Ruling)
✦ The court finds the petitioner's concerns reasonable and defers the transfer pending the full hearing of the petition.
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Regina Ajwang' v Free Holiday Limited [2015] KEELRC 1111 (KLR)
✦ The court finds the termination of the claimant's employment was unfair and awards her Kshs. 323,553.25 in compensation, including one month's salary in lieu of notice, 13.25 leave days, 8 months' gross salary as compensation for unfair termination, and refunds of NSSF and NHIF deductions.
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Arthur David Okwomi v Cafesserie Ltd [2015] KEELRC 1108 (KLR)
✦ The court finds that the dismissal was unfair and the claimant was entitled to separation dues and other benefits.
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Amalgamated Union of Kenya Metal Workers v M/S CMC Motors Limited [2015] KEELRC 1098 (KLR)
✦ The dismissal of the grievants was unfair and unjustified.
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Joseph Kamau & 468 others v G4s Security Services (Kenya) Limited [2015] KEELRC 1110 (KLR)
✦ The preliminary objection is dismissed in respect of the enumerated terminal benefits, subject of the claims.
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Noah Kimutai Sawe v Kenya Pipeline Company Limited [2015] KEELRC 1605 (KLR)
✦ Dismissal was unfair and unjustified, converted to normal termination; Claimant entitled to balance of half pay, 12 months salary as compensation, and 12 months salary as damages for malice.
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Robert Otieno Ochieng v Hotel Cathay Limited [2015] KEELRC 1117 (KLR)
✦ Dismissal was procedurally unfair
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Joseph Mutuura Mbeeria & another v Cabinet Secretary for Education Science and Technology & another [2015] KEELRC 1114 (KLR)
✦ Application for stay of execution of the judgment is dismissed with costs
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Rashid Jeneby v Prime Bank Limited [2015] KEELRC 1101 (KLR)
✦ The Court found that the Respondent had a valid reason for summarily dismissing the Claimant due to his involvement in fraudulent activities at the Industrial Area Branch.
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Raphael Otieno Odumo & 2 others v Charles Natili & 5 others [2015] KEELRC 1112 (KLR)
✦ The dissolution of Mombasa branch was unfair, unlawful, and unconstitutional for breach of the union constitution and principles of natural justice. The Mombasa branch is reinstated, and the newly created branches are suspended until 2016.
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Kenya Hotels And Allied Workers Union v Sentrim Kenya Limited & another [2015] KEELRC 1102 (KLR)
✦ The court finds that the union has recruited the requisite number of members, equivalent to a simple majority, and therefore should be recognized by the employer.
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Michael Jackson Odede v Perfect Scan Limited [2015] KEELRC 1086 (KLR)
✦ The Court ordered the Dispute to be marked as settled on payment of Kshs. 80,000 all-inclusive to the Claimant from the Respondent.
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Patrick Obiero Ajuma v Mars Security Guards Limited [2015] KEELRC 1128 (KLR)
✦ The court finds the dismissal unfair and unjustified, orders 1 month's salary in lieu of notice, 12 months salary for unlawful dismissal, and a Certificate of Service.