Kenyan case law
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Mwabado v Surraj Purr Limited (Cause 367 of 2016) [2022] KEELRC 4110 (KLR) (29 September 2022) (Ruling)
✦ The application is dismissed with costs
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Karani v Sunflag Textile & Knitwear Mills Ltd (Cause 1199 of 2017) [2022] KEELRC 4073 (KLR) (29 September 2022) (Judgment)
✦ The dismissal was both substantively and procedurally unfair, and the claimant is awarded ten (10) months' salary in compensation and two (2) months' salary in lieu of notice.
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Mathenge & 4 others v Inspector General of Police & 3 others; Kenya Human Rights Commission (Interested Party) (Judicial Review Application 032 & 41 of 2021 (Consolidated)) [2022] KEELRC 4872 (KLR) (29 September 2022) (Judgment)
✦ The demotion violated the officers' rights to fair administrative action and fair labour practices.
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Kiganane v Kenya Institute of Studies in Criminal Justice (Employment and Labour Relations Claim 229 of 2017) [2022] KEELRC 4105 (KLR) (29 September 2022) (Judgment)
✦ The court declared the summary dismissal of the claimant by the respondent as wrongful, unreasonable, unfair, and unlawful and awarded the claimant the following: one month's salary in lieu of notice, salary arrears for January, February, and March 2017, annual leave allowance for six years, and compensation for wrongful and unlawful dismissal.
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Akinyi v Africa Plantation Capital Limited (Cause 582 of 2017) [2022] KEELRC 4078 (KLR) (29 September 2022) (Ruling)
✦ The court finds that the claimant was not a stranger to the attestation of her own affidavit and that the respondent's application to strike out the statement of claim and affidavit is valid.
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Mattakwa v Kenya Revenue Authority (Cause 1395 of 2018) [2022] KEELRC 4081 (KLR) (29 September 2022) (Ruling)
✦ The court defers its ruling on the application pending clarification from the parties regarding the presence of the Court of Appeal's order of stay of execution.
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Nyairo v Riley Falcon Securities Services Ltd (Employment and Labour Relations Claim 248 of 2015) [2022] KEELRC 4111 (KLR) (29 September 2022) (Judgment)
✦ The court finds the claimant's termination was unfair and unjustified, and awards him compensation including one month's salary in lieu of notice, underpayment of wages, leave for 1 year and 4 months, and 10 months' salary as compensation for the unfair and unlawful dismissal.
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Mokeira v Adnan Zavery t/a The Regency Dental Practice & another (Cause 1608 of 2015) [2022] KEELRC 12693 (KLR) (29 September 2022) (Judgment)
✦ Claimant's contract was not unfairly terminated, and the court declines the claim. Counterclaim for notice and loan amount is allowed.
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Nissan Kenya Savings and Credit Cooperative Society Limited v Crown Motors Group (Cause E217 of 2021) [2022] KEELRC 4013 (KLR) (29 September 2022) (Ruling)
✦ The court finds that the Employment and Labour Relations Court does not have jurisdiction to hear the claim, and dismisses the claim.
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Wanjohi v National Bank of Kenya Limited (Cause 1109 of 2014) [2022] KEELRC 12796 (KLR) (29 September 2022) (Ruling)
✦ The applicant is granted a stay of execution of the judgment on condition that the applicant pays a sum of five million Kenyan Shillings to the claimant within 14 days and deposits the balance in an interest-earning account held by the claimant's advocates within 30 days of this ruling.
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Kenya Engineering Workers Union v Shamas Motor Parts Limited (Cause E047 of 2022) [2022] KEELRC 4148 (KLR) (29 September 2022) (Judgment)
✦ Claim is declined
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Waka v Sammer Agriculture & Livestock Kenya Limited (Cause 2167 of 2016) [2022] KEELRC 4015 (KLR) (29 September 2022) (Ruling)
✦ The application seeking reinstatement of the claim is dismissed with no order on the costs and filed closed, as earlier ordered.
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Kimuu v Allied East Africa Limited (Cause 2621 of 2014) [2022] KEELRC 4039 (KLR) (29 September 2022) (Judgment)
✦ Termination was unfair, and the claimant is awarded 6 1/2 months' salary in compensation for unfair termination at Kshs. 150,000.
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Kulundu v Chic Fashions Limited (Cause 2128 of 2016) [2022] KEELRC 4043 (KLR) (29 September 2022) (Judgment)
✦ The court declares termination unfair and orders the respondent to pay compensation, service, notice pay, and issue a service certificate.
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Mulwa & another v Bridge International Academies Limited (Cause 1096 of 2017) [2022] KEELRC 4042 (KLR) (29 September 2022) (Judgment)
✦ Termination was unfair, and the respondent is ordered to pay annual leave, notice, and compensation equivalent of 4 months' salary.
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Ng’ang’a v Robinson Investment Ltd T/A Robinson Security Guards (Employment and Labour Relations Cause 169 of 2016) [2022] KEELRC 4106 (KLR) (29 September 2022) (Judgment)
✦ The court finds that the dismissal of the claimant by the respondent was unreasonable, unfair, and unlawful. The claimant is awarded one month's gross salary in lieu of notice, compensation for unfair and unlawful termination, and costs of the cause.
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Kenya County Government Workers Union v County Government of Mandera & another; Kombe & another (Intended Respondent) (Cause 958 of 2018) [2022] KEELRC 4076 (KLR) (29 September 2022) (Ruling)
✦ The applications are declined, and costs are awarded to the respondents and the intended respondents.
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Magnam Environmental Network v Onyango & 4 others (Petition 3 of 2022) [2022] KEELRC 12762 (KLR) (29 September 2022) (Ruling)
✦ The court declines the preliminary objection and does not find the petition to be res judicata or sub-judice.
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Chemirmir v New Kenya Co-operative Creameries Limited (Cause E057 of 2022) [2022] KEELRC 4864 (KLR) (29 September 2022) (Ruling)
✦ The preliminary objection is upheld and the suit is struck out for want of jurisdiction.
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Ameriken Limited v Moraa Nyamwange & another (Appeal E079 of 2020) [2022] KEELRC 12691 (KLR) (29 September 2022) (Judgment)
✦ The appeal is partly allowed, and the judgment of the trial court is adjusted to grant the respondents compensation equivalent of 5 months' salary each, at Kshs 57,500.
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Mutisya v Co-operative Society Limited (Cause E6534 of 2020) [2022] KEELRC 12721 (KLR) (29 September 2022) (Judgment)
✦ Judgment is entered for the claimant, declaring the termination unfair and awarding compensation, notice pay, leave pay, and unpaid salaries.
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Omar v Mackenzie Maritime [E.A] Limited (Cause E030 of 2021) [2022] KEELRC 4109 (KLR) (29 September 2022) (Judgment)
✦ The claimant is entitled to the sum of KSh 2,167,138.5 assessed by the director WIBA on August 13, 2019.
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Kisang v Judicial Service Commission (Cause E521 of 2020) [2022] KEELRC 4857 (KLR) (29 September 2022) (Judgment)
✦ The dismissal was not fair due to procedural deficiencies
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Koigi & another v Kinyua, Head of Public Service & 3 others; Federation of Kenya Employers & another (Interested Parties); Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN) (Amicus Curiae) (Petition E155 of 2021) [2022] KEELRC 4046 (KLR) (29 September 2022) (Judgment)
✦ The Petition is declined.
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Oguma v Nairobi Gymkhama (Cause 1099 of 2018) [2022] KEELRC 4862 (KLR) (29 September 2022) (Judgment)
✦ The dismissal of the claimant from employment was unlawful and unfair due to lack of a valid reason.