Kenyan case law
-
Bitutu v Riley Services (Cause 173 of 2018) [2023] KEELRC 2757 (KLR) (24 October 2023) (Judgment)
✦ The Court finds no termination for the Claimant and dismisses the claim with costs.
-
Nyongesa v Blue River Technology Solutions Limited (Cause E626 of 2021) [2023] KEELRC 2763 (KLR) (24 October 2023) (Judgment)
✦ The claimant was found to be an employee of the respondent.
-
Esadia v Co-operative Bank of Kenya Limited (Cause E740 of 2021) [2023] KEELRC 2740 (KLR) (24 October 2023) (Judgment)
✦ The court finds a case of lawful termination of employment and dismisses the claim, awarding the counterclaim.
-
Nyamache v Karen Hospital (Cause 1575 of 2018) [2023] KEELRC 2761 (KLR) (24 October 2023) (Judgment)
✦ The termination of the employment of the Claimant was lawful.
-
Lisutsa v Bob Morgan Services Limited (Appeal E125 of 2022) [2023] KEELRC 2756 (KLR) (24 October 2023) (Ruling)
✦ The application is granted with costs to the claimant/applicant.
-
Kenya Game Conservancy, Tour & Safari Workers Union v Pollmans Tours and Safaris Ltd; Transport Workers Union Kenya (Objector) (CBA E106 of 2023) [2023] KEELRC 2570 (KLR) (23 October 2023) (Ruling)
✦ The CBA remains in force until another one is finally agreed upon between the two parties.
-
Lumumba v Prime Steel Mills Limited (Cause 480 of 2018) [2023] KEELRC 2573 (KLR) (23 October 2023) (Judgment)
✦ The court finds that the Claimant was not an employee of the Respondent.
-
Kisang v Judicial Service Commission (Employment and Labour Relations Cause E521 of 2020) [2023] KEELRC 2565 (KLR) (19 October 2023) (Ruling)
✦ The application is struck out as prematurely sought and improperly sought.
-
Onyando v Teachers Service Commission & another (Cause E226 of 2023) [2023] KEELRC 2553 (KLR) (19 October 2023) (Ruling)
✦ The Preliminary Objection is overruled with costs in the cause.
-
Muema v Kenbro Industries Limited (Cause 2327 of 2023) [2023] KEELRC 2543 (KLR) (19 October 2023) (Judgment)
✦ The termination of the Claimant's employment was not lawful and fair.
-
Mulwale v Cleanpoint Drycleaners Ltd (Employment and Labour Relations Cause 1340 of 2017) [2023] KEELRC 2790 (KLR) (19 October 2023) (Judgment)
✦ The Court found that the Claimant deserted his employment and the Respondent did not unfairly terminate the Claimant’s employment.
-
Kariuki v SBM Bank (Kenya) Limited (Cause E404 of 2023) [2023] KEELRC 2542 (KLR) (19 October 2023) (Ruling)
✦ The Court finds the redundancy exercise unlawful and orders the Respondent to freeze the loan from accruing interest and penalties, and to delist the Claimant from the Credit Reference Bureau.
-
Kenya Union of Commercial, Food and Allied Workers v Whizz Photo Limited (Employment and Labour Relations Cause E613 of 2021) [2023] KEELRC 2608 (KLR) (19 October 2023) (Ruling)
✦ The application is allowed in terms of prayer (iv) only, directing the matter to be fixed for full hearing.
-
Muthinzi v Windsor Golf Hotel & Country Club (Cause 1627 of 2018) [2023] KEELRC 2529 (KLR) (19 October 2023) (Judgment)
✦ The claim is found without merit and dismissed with costs.
-
Akanga v Capital Markets Authority (Cause 1187 of 2014) [2023] KEELRC 2644 (KLR) (19 October 2023) (Ruling)
✦ The application for stay of execution is dismissed with costs as the respondent has not stated an arguable appeal and has not demonstrated substantial loss.
-
Kosgei v Nandi County Public Service Board (Employment and Labour Relations Cause 175 of 2018) [2023] KEELRC 2604 (KLR) (19 October 2023) (Judgment)
✦ The court found the termination of the Claimant's employment contract to be unlawful and unprocedural.
-
Kenya Plantation and Agricultural Workers Union v Oyawa (Miscellaneous Application E023 of 2023) [2023] KEELRC 2536 (KLR) (19 October 2023) (Ruling)
✦ The Court dismisses the application.
-
Kimari v Standard Engineering Works (Cause E658, E657 & E660 of 2021 (Consolidated)) [2023] KEELRC 2641 (KLR) (19 October 2023) (Judgment)
✦ The claimants are entitled to terminal benefits including arrears of salary, house allowance, travelling allowance, accrued leave days, and gratuity.
-
Kenya Union of Doestic, Hotels, Educaitonal Institutions and Hospital Workers v Univerity Council, Technical University of Mombasa (Cause E002 of 2021) [2023] KEELRC 2557 (KLR) (19 October 2023) (Ruling)
✦ Conditional order of stay issued, respondent to deposit 50% of judgment sum in a joint interest earning account within 30 days
-
Kenya Engineering Workers Union v Consulting & another (Cause E019 of 2022) [2023] KEELRC 2548 (KLR) (19 October 2023) (Judgment)
✦ The Court held that the dismissal of the grievants was unfair and ordered reinstatement, one month's salary in lieu of notice, severance pay, one-year house allowances and accrued leave, and costs of the suit.
-
Munderu & 5 others v Panyako the General Secretary, Kenya National Union of Nurses & another (Petition 6 of 2020) [2023] KEELRC 2610 (KLR) (19 October 2023) (Ruling)
✦ Both applications are dismissed. The second application is declined and the parties are directed to have the suit heard and determined on the merits.
-
Aura v Transnile Enterprises Limited (Cause 280 of 2019) [2023] KEELRC 2640 (KLR) (19 October 2023) (Judgment)
✦ The Court finds that the claimant significantly contributed to the delayed payments by KeRRA, which resulted in delayed payment of his salary. The claimant cannot be considered an innocent party in this regard.
-
Koskei v Brandlife Kenya Limited (Cause 315 of 2020) [2023] KEELRC 2647 (KLR) (19 October 2023) (Judgment)
✦ The termination was not for a valid reason and the respondent did not follow a fair procedure. The claimant is entitled to compensation.
-
Chirima v DL Group of Companies Limited (Cause 23 of 2019) [2023] KEELRC 2552 (KLR) (19 October 2023) (Judgment)
✦ The court held that the termination was unfair and unlawful, and ordered the respondent to pay the claimant the unpaid leave days, car maintenance, and other dues as per the Employment Act, 2007.
-
Omwancha v Chandaria Industries Limited (Cause 194 of 2019) [2023] KEELRC 2624 (KLR) (19 October 2023) (Judgment)
✦ The claimant was found to have voluntarily severed his relationship with the respondent upon being placed on suspension, and the claim for compensation for unlawful dismissal is dismissed.