Kenyan case law
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Nemuel Nyageri v Laboratory & Allied Limited [2015] KEELRC 972 (KLR)
✦ The Court finds the termination unlawful and without notice.
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Abdul Majid Mohammed & 60 others v Maersk Kenya Limited [2015] KEELRC 1071 (KLR)
✦ The Court orders Maersk Kenya Limited to pay 1 month salary in lieu of notice, 21 days' salary for each completed year of service as annual leave pay, 0.5 times the normal hourly rate for overtime work done on Public Holidays, and service pay at 15 days' salary for each completed year of service to each of the 61 claimants.
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Kenya Union of Commercial Food & Allied Workers (K.U.C.F & A.W) v Sanpac Africa Limited [2015] KEELRC 1103 (KLR)
✦ The court found that the Respondent refused to negotiate a Collective Bargaining Agreement and ordered the parties to apply the proposed Collective Bargaining Agreement terms.
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Mohamed Hassan Mkoma v Kenya Marine Contractors [2015] KEELRC 1119 (KLR)
✦ The termination was unfair and the Claimant is entitled to compensation.
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Marshal Wandera Ouma v Transoceanic Projects & Development Kenya [2015] KEELRC 1120 (KLR)
✦ The Court held that the Respondent's redundancy was valid, but the severance pay and annual leave pay offered were insufficient.
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Johnson Mwangomba Leja v Bamburi Cement Limited [2015] KEELRC 1116 (KLR)
✦ The Court finds the dismissal to be unfair and unlawful.
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Kenya Building Construction, Timber, Furniture Union v Pepco Construction Company Ltd [2015] KEELRC 1002 (KLR)
✦ The Court dismissed the claim as the termination of employment was proper and all terminal benefits were duly paid.
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Pascalia Masyula v Paul Wambua Valuers (Cause 8 of 2014) [2015] KEELRC 1118 (KLR) (13 May 2015) (Award)
✦ Termination was fair on substantive justification but fell short on procedural fairness.
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Republic v National Land Commision & Members of Kokwembei Community Ex parte Lomolo Limited (Judicial Review 3 of 2015) [2015] KEELRC 956 (KLR) (12 May 2015) (Ruling)
✦ The application for joinder as interested parties is allowed. The application for injunction is disallowed.
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Kenya Union of Commercial Food & Allied Workers Union v Tusker Mattresses Limited [2015] KEELRC 989 (KLR)
✦ The court dismissed the application and ordered the parties to proceed with the two disputes separately.
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George Mureithi & others v Kenatco Taxis Limited (In Receivership) (Cause 507 of 2013) [2015] KEELRC 1126 (KLR) (Employment and Labour) (12 May 2015) (Ruling)
✦ The application has merit and the amendment is allowed.
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Mathew Mutua v All Pack Industries Limited [2015] KEELRC 970 (KLR)
✦ The Court found the termination to be unlawful and ordered the Respondent to pay the Claimant the following: payment in lieu of notice, annual leave, pay for rest days and public holidays, and a declaration that the termination was unlawful.
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Kenya Plantation & Agricultural Workers Union v P.J. Dave Flowers Ltd [2015] KEELRC 1131 (KLR)
✦ The Court dismissed the Respondent's counter applications and confirmed the restraining orders.
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Amos Sasine Kitaika v Maasai Mara University [2015] KEELRC 1137 (KLR)
✦ The Court found that the Claimant was an employee of the Respondent and that the dismissal was unfair.
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Grace N. Makori & 176 others v Murang’a County Public Service Board & 2 others [2015] KEELRC 1151 (KLR)
✦ The 1st respondent is ordered to stop victimization of the petitioners or their representatives and to pay the petitioners' costs.
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Samson Arap Bii & 9 others v Benard Kiplagat Kilele t/a North Njoro Farm & 2 others [2015] KEELRC 1133 (KLR)
✦ The motion is dismissed with costs to the respondents.
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David Ogega v East African Security Guards Ltd [2015] KEELRC 1136 (KLR)
✦ The taxation of the Bill of Costs is set aside, and the execution is declared null and void.
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Jesse K Nderitu v Fine Spinners Limited [2015] KEELRC 1597 (KLR)
✦ The Court awards the Claimant two months salary in lieu of notice, six years salary underpayment, eight years service gratuity, and ten months compensation for unlawful and unfair termination.
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Peter M. Okemwa v Maasai Mara University [2015] KEELRC 1135 (KLR)
✦ The Court found that the Claimant was an employee of the Respondent and that the termination of his employment was unfair.
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Paul Muiruri Kariuki v China Jiangxi International Ltd [2015] KEELRC 1596 (KLR)
✦ The Court awards the Claimant five (5) months salary as compensation for the unlawful and unfair termination in the sum of Kshs.72,800.00
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Daniel K. Cheboi v Maasai Mara University [2015] KEELRC 1134 (KLR)
✦ The summary dismissal of the Claimant was procedurally unfair and the Court orders reinstatement without loss of benefits.
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Cecilia Wangechi Ndungu v County Governement Of Nyeri & another [2015] KEELRC 1142 (KLR)
✦ The court dismissed the application, finding that the Governor's decision to reorganize the county government was lawful and that the petitioner's claims were not in the nature of an execution application or an application to satisfy the judgment and decree in the petition.
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Kennedy Sikinyi Namai v Polypipes Limited Steel Divisions [2015] KEELRC 1600 (KLR)
✦ The claimant is awarded Kshs.300,050.40, including notice pay, accrued leave, service gratuity, and compensation for unlawful termination.
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Kenya Union Of Entertainment And Music Industry Employees v Sports Stadia Management Board [2015] KEELRC 976 (KLR)
✦ The Court will order that the Respondent does not terminate the services of any employee on the basis of either membership or affiliation to the applicant union. The Court will not order that the Respondent continues to comply with the mandatory provisions of the law by way of continuing to implement in totality the existing Collective Bargaining Agreement until a new one is determined by the Court.
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Daniel Ochieng v Ezemak Refrigeration and Contractors Limited [2015] KEELRC 994 (KLR)
✦ The Claimant's claim for wrongful and unfair termination of employment is dismissed. The Respondent is ordered to pay the Claimant his salary for the months of September and October 2009.