Kenyan case law
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Margaret Wachuka Mwangi v Nyale Estate Limited [2016] KEELRC 1124 (KLR)
✦ The Court finds the termination of the Claimant's employment was unlawful and unfair. The Claimant is awarded six months' salary in compensation, one month's salary in lieu of notice, leave pay for 3 years and 4 months, and service pay for 3 completed years.
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James Mutisya v Rezwan Sohaili [2016] KEELRC 1142 (KLR)
✦ The Court finds that the procedure for terminating the claimant's services was most unfair and hereby awards him eleven months salary as compensation for unfair termination of services.
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Catherine Makena v Naari Dairy Farmers Co-operative Society Limited [2016] KEELRC 1159 (KLR)
✦ The termination was unfair as it did not comply with the provisions of sections 41 and 43 of the Employment Act, 2007. The claimant is entitled to 12 months compensation, pay in lieu of termination notice, withheld salary, and accrued annual leave.
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John Mwangi Kuria & 165 others v Attorney General & another [2016] KEELRC 1839 (KLR)
✦ The Court reviews the award by deleting the order on interest payment
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Kenya Hotels and Allied Workers Union v All Africa Conference of Churches t/a Desmond Tutu Conference Centre [2016] KEELRC 1136 (KLR)
✦ The preliminary objection is overruled, and the main claim will proceed.
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Charles Mae Mwabonje v Sarova Whitesands Beach Resort & Spa [2016] KEELRC 1130 (KLR)
✦ The court finds the claimant was not a casual employee and is entitled to protection from termination without prior notice. The termination was unfair and unlawful. The claimant is awarded one month salary in lieu of notice and 24 leave days as compensation for the unfair termination.
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Kudheiha Workers v B O M Kihumbu-Ini Secondary School [2016] KEELRC 1163 (KLR)
✦ The claimant's application for review is dismissed with costs.
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Kenya Shoe & Leather Workers Union v Kenafric Industries Limited [2016] KEELRC 1126 (KLR)
✦ The Court finds that the dismissal was unfair and unlawful, and awards the claimant 2 months salary in lieu of notice, 10 months salary as compensation for unfair dismissal, and costs of the suit.
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Samuel Gitau Wanjumbi v Oriental Construction CompanyLimited [2016] KEELRC 1153 (KLR)
✦ The claimant is not entitled to compensation under the Work Injury Benefits Act and the claim and prayer for compensation as prayed for in this suit shall fail. The claimant is not entitled to one month pay in lieu of the termination notice as prayed for. The court orders that each party shall bear own costs.
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Mildred Gubuoji Lazaro v James Finlays (K) Ltd [2016] KEELRC 1139 (KLR)
✦ The court found that the termination was wrongful and unfair.
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Peter Marani Aganda & 2 others v Jalaram Wholesalers Company [2016] KEELRC 869 (KLR)
✦ The 3rd Claimant's case should not be deemed abandoned as the Respondent admitted that he was an employee. The claimants are not casual employees.
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Paul Olang' Akeyo v Maurice Abura Owino & 5 others [2016] KEELRC 836 (KLR)
✦ The suit is statute barred and is struck out as filed outside the limitation period.
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Pamela Nelima Lutta v Mumias Sugar Company Limited [2016] KEELRC 824 (KLR)
✦ The application is dismissed. The Claimant is not entitled to an order restraining the Respondent from terminating her employment or declaring her redundant.
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Duncan Mbarire v Nairobi Aviation College Limited [2016] KEELRC 1122 (KLR)
✦ The termination was not wrongful, unfair, or unlawful
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Johanna Kiplimo Kosgei v Mini Bakeries (Nairobi) Limited [2016] KEELRC 1146 (KLR)
✦ The application is dismissed with costs.
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Elijah Midogo Ochieng v Executive Director, the Trustees, Kenya Lake Conference S.D.A Church [2016] KEELRC 859 (KLR)
✦ The application succeeds and the Claimant's suit is struck out with costs to the Respondent
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Paul Iling'a Ichilayi v Gilly's Security & Investigation Services Ltd [2016] KEELRC 789 (KLR)
✦ The Employment Act provides for the procedure for termination of employment. The Court finds that the claimant was unfairly dismissed from employment by the Respondent.
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Duncan Mbarire v Nairobi Aviation College Limited [2016] KEELRC 1131 (KLR)
✦ The termination of employment was found to be wrongful, unfair, and unprocedural.
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Abigael Nyandoya & 3 others v Clerk, County Asembly of Vihiga & another [2016] KEELRC 867 (KLR)
✦ Proceedings in this file will be stayed pending the determination or further orders of the court of Appeal in Kisumu Civil Appeal No. 8 of 2015.
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Eric Kayesi Nandwa v Insteel Limited [2016] KEELRC 834 (KLR)
✦ Application allowed, Claimant's counsel to execute account opening forms within 14 days or Respondent can deposit sum into court. Stay of execution pending appeal confirmed.
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Aloice Otieno Midumbi Owili v Registered Trustees of Evangelical Lutheran Church of Kenya [2016] KEELRC 861 (KLR)
✦ Claimant awarded Shs.501,500 for underpayments, gratuity, and salary arrears.
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Kenya Chemicals And Allied Workers Union v Form Mattresses Ltd [2016] KEELRC 842 (KLR)
✦ The court orders that the Respondent deducts and remits union dues from all employees who have signed the check-off forms.
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Emily Muhonja v Ken-Knit (K) Limited [2016] KEELRC 1133 (KLR)
✦ The termination was found to be wrongful, unfair, and unlawful.
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Michael Karanja Njenga v Kaimosi Tea Estate Limited (Williamson Tea) [2016] KEELRC 1150 (KLR)
✦ The claimant's termination was not wrongful, unfair, or unlawful.
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Peter Kiprop Kemei v Nandi Tea Estates Limited [2016] KEELRC 1123 (KLR)
✦ The termination was wrongful, unfair, and unlawful.