Kenyan case law
-
Kibuchi & 6 others v Mount Kenya University; Attorney General (Interested Party) (Petition 94 of 2016) [2021] KEELRC 2310 (KLR) (30 July 2021) (Judgment)
✦ Section 42(1) of the Employment Act, 2007, is inconsistent with articles 24, 41, and 47 of the Constitution to the extent that it excludes employees on probationary contracts from the provisions of section 41.
-
Rose Njambi Mwangi v Point East Africa Limited [2021] KEELRC 1128 (KLR)
✦ The application is dismissed and the order is declined.
-
Lukas Akunga Omariba v Tatu City Limited [2021] KEELRC 1127 (KLR)
✦ The termination was unfair and unlawful.
-
Josephat Chege Wangoru v Gathare Bar Hotel and Boarding House [2021] KEELRC 1133 (KLR)
✦ Claimant is entitled to compensation for unlawful and unfair termination of employment, including 12 months salary in compensation, one month salary in lieu of notice, and underpayment arrears.
-
Joseph Otieno Oruoch v Kenya Medical Practitioners Pharmacists & Dentists Union & another [2021] KEELRC 1147 (KLR)
✦ The right to strike is qualified and contingent upon the retention of 'minimum service' to ensure public safety.
-
Okoiti & 3 others v Anne Waiguru, the Cabinet Secretary, Devolution and Planning & 5 others (Petition 42 & 27 of 2014 (Consolidated)) [2021] KEELRC 2306 (KLR) (30 July 2021) (Judgment)
✦ The petition partially succeeds and the court issues declarations and orders as stated in the final orders.
-
Benjamin & 3 others v Kenya Medical Practitioners Pharmacists and Dentists Union & another; Registrar of Trade Unions & 17 others (Interested Parties) (Petition E080 of 2021) [2021] KEELRC 1135 (KLR) (29 July 2021) (Ruling)
✦ The preliminary objection is dismissed with no order as to costs.
-
Mabel Kibore v National Oil Corporation [2021] KEELRC 1149 (KLR)
✦ Claimant will receive the pay for the months of August 2017 to February 2018. No further orders on payment of salaries. No punishment for Mr. Gideon Leparan Ole Morintat and Ms. Carol Musau.
-
Professional Clean Care Limited v Danson Mwendwa Muthoka [2021] KEELRC 1172 (KLR)
✦ The appeal is dismissed with costs to the Respondent.
-
Bernard Mulongo & another v Cabinet Secretary Ministry of Health & another [2021] KEELRC 1155 (KLR)
✦ The terms and conditions of employment were discriminatory and unfair. The termination of employment on 27th August 2018 was unfair and unlawful. The 1st Claimant is to be paid 6 months' salary as compensation, and the 2nd Claimant must be absorbed into permanent and pensionable terms within 60 days.
-
Essau Kiora Mjomba & 33 others v Attorney General [2021] KEELRC 1168 (KLR)
✦ The affidavits of Paul Kalama Mwakodi, Newland Ngome Akilimali, Stephen Charo Koi, Peter Karwigi Migwi, and Kuuza Omari Mutta are struck out. The petitions of Winston Sirya Pekesheh, Michael Camilus Sandys Kipunde, and Emmanuel Michael are not struck out.
-
Newton K. Munyao v Wuerth (K) Limited [2021] KEELRC 1160 (KLR)
✦ The Court enters judgment in favor of the Claimant for Kshs. 550,667 in terminal benefits, with interest and costs.
-
Gordon Davis Security System Limited v Amos & 8 others (Appeal E007 of 2021) [2021] KEELRC 2417 (KLR) (29 July 2021) (Ruling)
✦ The court grants leave to appeal out of time and grants a stay of execution pending the appeal, but the appeal is not considered arguable.
-
Florence Wairimu Muturi v Nelson Andayi Havi & 11 others; Council of the Law Society of Kenya & 9 others(Interested Parties) [2021] KEELRC 1079 (KLR)
✦ The Petitioner's motion for an interim injunction is dismissed as there is no prima facie case and the balance of convenience does not favor the grant of the relief.
-
Andrew Nyambu Mngambwa v Leisure Lodge Limited [2021] KEELRC 1169 (KLR)
✦ Respondent's Preliminary Objection is not well taken and is overruled with costs.
-
Joel Akinga Ondieki v Central Rift Valley Water Works Development Agency & 5 others [2021] KEELRC 1148 (KLR)
✦ Petitioner has locus standi to institute the proceedings and the preliminary objection is dismissed.
-
Humphrey Bakhyuya Maramba v Njuca Consolidated Company Limited [2021] KEELRC 1167 (KLR)
✦ The Court finds for the Claimant and awards him two (2) months' salary in compensation and one (1) month's salary in lieu of notice.
-
Kenya Union of Commercial Food and Allied Workers v Midal Group (K) Ltd & another [2021] KEELRC 1146 (KLR)
✦ The court finds that the failure to deduct and remit union dues was against the law and discriminatory.
-
Erick Ongaki Misati v One Way Cleaning Services Limited [2021] KEELRC 1165 (KLR)
✦ The court adopts the award of the Director of Occupational Safety and Health Services and enters judgment in favor of the applicant for Kshs. 23,884.62, awarding interest on the amount from the date of assessment, and orders the respondent to bear the costs of the application.
-
Katiba Institute & another v Attorney General & 2 others; Muthaura Doreen Nkatha & 9 others (Interested Parties) [2021] KEELRC 1145 (KLR)
✦ The preliminary objection filed by the 1st Interested Party and the 2nd Respondent is well taken. The petitioners have not exhausted the internal mechanisms for the resolution of the dispute before moving the Court. The petition is struck out with costs to the 2nd Respondent and the 1st Interested Party.
-
Caroline Kemuma v Teachers Service Commission & 3 others [2021] KEELRC 1154 (KLR)
✦ Petitioner's rights were infringed, and she is entitled to a declaration and compensation. The 1st and 4th Respondents are exonerated from malicious intent.
-
June Jebet v Director General Kenya School of Government & Director Baringo Campus [2021] KEELRC 1174 (KLR)
✦ The application is allowed, and the appeal should be filed within 14 days
-
Lena Chemoiwo v Bomas of Kenya; General Manager Bomas of Kenya Peter Gitaa & 2 others (Contemnor) [2021] KEELRC 1150 (KLR)
✦ The Contemnors are found in contempt and sentenced to pay a fine of Kshs. 500,000 and serve 3 months in jail. The Respondent and Contemnors are ordered to remit withheld salary and provide access to the Claimant's workplace.
-
Pius Munguti Charo v Board of Management Mirithu Secondary School [2021] KEELRC 1182 (KLR)
✦ The termination was found to be unfair and unjustified, and the claimant is entitled to compensation for the unfair termination.
-
Janeth Chepkemoi Machira & another v Laikipia Universisty [2021] KEELRC 1180 (KLR)
✦ The court finds the termination unfair and unjustified, awarding compensation for 10 months of service and gratuity based on the CBA.