Kenyan case law

James Mwangi Muigai v Murban Movers Respondent [2020] KEELRC 1124 (KLR)

✦ The court orders that the respondent pays the claimant the agreed terminal dues after the claimant satisfactorily clears issues at the Beni station.

Wilson Wagathiru Mwitumi Rafiki Microfinance Bank & another [2020] KEELRC 664 (KLR)

✦ The 1st Respondent is granted leave to file and serve a Notice of Appeal within 7 days and the judgment is stayed pending determination of the appeal

Beatrice Kananu Imathiu v British American Tobacco (K) Ltd [2020] KEELRC 1135 (KLR)

✦ The claim is hereby dismissed with no order as to costs

John G. Thumbi v Kenya Airports Authority [2020] KEELRC 1119 (KLR)

✦ The court finds the termination unfair and unjustified, and awards the claimant 12 months' salary as compensation for unfair termination of service.

Philip Mbinda & 4 others v Brava Food Industries [2020] KEELRC 1098 (KLR)

✦ The court finds the infractions complained of did not meet the threshold for a contempt of court order and disallows the application.

Ebbynet Kebedi Mage v Esther Muthoni Ndugu [2020] KEELRC 1121 (KLR)

✦ The termination was unfair, and the claimant is awarded two months' salary as compensation for unfair termination.

Dorothy Jemator Kimengech v David Mukii Mereke t/a Mereka & Company Advocates [2020] KEELRC 1127 (KLR)

✦ The court finds that the Respondent did not breach the fee-sharing agreement and dismisses the claimant's claim. The court also dismisses the Respondent's counterclaim for Kshs 150,000/=

Charles Muli Kiilu v Inspector General of Police & another [2020] KEELRC 1141 (KLR)

✦ The dismissal of the claimant was found to be wrongful and harsh, and he is entitled to one month's salary in lieu of notice, pension, gratuity, and terminal benefits.

Sammy Gatimu Karanja v Teachers Service Commission [2020] KEELRC 1126 (KLR)

✦ The court found the dismissal to be unfair and ordered the reinstatement of the claimant with eight months' salary as compensation.

Fredrick Kasai v S.K. Ndegwa [2020] KEELRC 1219 (KLR)

✦ The Court finds the summary dismissal unfair and awards compensation and salary in lieu of notice.

James Ketta v Quality Inspectors Limited; Absa Bank Kenya Limited (Garnishee) (formerly Barclays Bank of Kenya) [2020] KEELRC 639 (KLR)

✦ The Court issued a decree absolute directing the Garnishee to pay the sum of Kshs. 1,353,683 to the Claimant, James Ketta, in satisfaction of the Decree of this Court issued on 20th September 2018.

Edwin Kipngeno Rotich v Kenya Institute of Studies in Criminal Justice [2020] KEELRC 1117 (KLR)

Chriscent M. Ondere v Principal St. Martin Kisoko Special School & another [2020] KEELRC 1204 (KLR)

✦ The termination was in violation of the Employment Act, 2007. The claimant is entitled to compensation and one month's salary in lieu of notice.

John Agufa, Peter Madegwa, Arthur Bukachi & Alfred Keboko v Chairman, Selection Panel for Recruitment of Chair and Members of Migori County Public Service Board, Mogori County Government & Migori County Public Service Board (Petition 17 of 2019) [2020] KEELRC 1202 (KLR) (30 April 2020) (Judgment)

✦ The petition is dismissed in its entirety as it has been overtaken by events and lacks merit.

Caroline Wanjiru Mwai v Labonte Limited & another [2020] KEELRC 1160 (KLR)

✦ Termination of employment was unfair and unjustified, and the Claimant was awarded 1 month's salary in lieu of notice and compensation for unfair termination.

Andrew Ochengo Osumo & 3 others v County Government of Nyamira & 6 others [2020] KEELRC 1186 (KLR)

✦ The court grants conservatory orders to the applicants to be reinstated to the payroll with effect from March 2019 and the whole arrear remuneration paid to them forthwith.

David Ambuli Ngota v Universal Newspapers Distributors Limited & another [2020] KEELRC 1205 (KLR)

✦ The court found that the termination of employment was unlawful and unfair.

John Paul Nyasaka v National Cereals and Produce Board [2020] KEELRC 1209 (KLR)

✦ The court finds that the respondent had a valid reason to dismiss the claimant and that a fair procedure was followed. The claimant is not entitled to the reliefs sought.

John Godia Ahonda v Kenya National Private Security Workers Union (Cause 36 of 2018) [2020] KEELRC 1206 (KLR) (30 April 2020) (Judgment)

✦ The court found that the termination was not for a valid reason and ordered the payment of terminal benefits and wage arrears.

Alfred Indeche v Speaker, County Assembly of Vihiga, Clerk, County Assembly of Vihiga, Count & 5 others [2020] KEELRC 1188 (KLR)

✦ The exparte judgment entered on 29th October 2018 is set aside, and the respondents are granted the opportunity to file final written submissions on the merits of the petition.

Kassim Onyango Mumbo v Mumias Sugar Company Limited [2020] KEELRC 1216 (KLR)

✦ The court finds that the Appellant was an employee of the Respondent and that the accident occurred while he was on duty. The court awards general damages of Kshs. 250,000 and special damages of Kshs. 4,000 to the Appellant.

Peter Nyongesa Barasa v Mary Njoki Kamau t/a Check Point Butchery [2020] KEELRC 1207 (KLR)

✦ The court grants both parties the opportunity to prosecute their claims and transfers the case to the Chief Magistrate court at Eldoret.

Phyllis Kajuju M’ikiugu v Principal Secretary, Ministry of National Treasury & Planning & another [2020] KEELRC 1176 (KLR)

✦ The application is dismissed

LMO v A Limited [2020] KEELRC 1083 (KLR)

✦ The court finds the dismissal wrongful and unfair, and orders compensation and reinstatement.

Munywoki Kilele Festus v Canton Enterprises Limited [2020] KEELRC 1163 (KLR)

✦ The court found that the claimant was employed by the respondent on September 18, 2013, and awarded him Ksh 450,000 in general damages for pain and suffering.