Kenyan case law

Maureen Anyango Oote v Kittony Maina Karanja [2013] KEELRC 205 (KLR)

Nokolai Hunja v Versus Kencall Epz Limited [2013] KEELRC 751 (KLR)

✦ Judgment for the claimant in the amount of Kshs.321,198.00, costs of the suit, and interest at court rates

FREDRICK MURIITHI THUITA V FIVE FOURTY AVIATION LIMITED [2013] KEELRC 269 (KLR)

✦ The court found that the termination was unfair and ordered the respondent to pay the claimant general damages, unpaid overtime, and interest.

Ugass Abdi Mohammed v Grand Bus Services Limited [2013] KEELRC 549 (KLR)

✦ The Court finds that the Respondent acted fairly and dismisses the claim.

KENYA UNION OF DOMESTIC HOTELS, EDUCATION INSTITUTION, HOSPITALS AND ALLIED WORKERS V PWANI UNIVERSITY COLLEGE [2013] KEELRC 307 (KLR)

Steven George and 64 Others v Kaisugu Limited & 3 Others [2013] KEELRC 815 (KLR)

✦ The employment of the petitioners converted to permanent service under the Employment Act, 2007, due to their continuous service over more than a month without a break.

Ronnie Odiwuor Asino v Nyanza Reproductive Health Society [2013] KEELRC 777 (KLR)

✦ The termination of the Claimant's employment was unfair

Gladys Mutanu Mutellah v Boniface Kamau t/a Highlands Annexe Restaurant Alias Highlands Foods [2013] KEELRC 586 (KLR)

✦ Application for stay of execution of judgment pending review is dismissed with costs.

Gladys Amukoya Were v Mumias Sugar Company [2013] KEELRC 878 (KLR)

✦ The claim is statute barred.

Godfrey Makindu v Trans Business Machines Limited [2013] KEELRC 660 (KLR)

✦ The claimant's termination was unlawful, and the claimant is ordered to pay the respondent Kshs. 137,311.00 for an error in commission calculation. The claimant's allowance claims are dismissed.

George Onyango Akuti v G4S Security Services Kenya Ltd [2013] KEELRC 727 (KLR)

✦ The summary dismissal was unfair as it did not accord with justice and equity.

Kenya Union of Domestic, Hotels Educational Institutions, Hospitals and Allied Workers v Board Of Governors Chilchila Secondary School [2013] KEELRC 917 (KLR)

✦ Claimant is entitled to recognition and collective bargaining agreements, and the respondent must deduct and remit union dues.

Gedeon Ikengu Ng'ang'a v Hon Attorney General [2013] KEELRC 673 (KLR)

✦ The claimant is not entitled to payment of retirement benefits, golden handshake, or severance pay as he was absent from duty without notice and frustrated his own contract of employment.

Stephen Omboga And 9 others v Spin Knit Ltd [2013] KEELRC 971 (KLR)

✦ The application is dismissed

Francis Mwaura Mboche v Nacico Co-operative Savings & Credit Society [2013] KEELRC 568 (KLR)

✦ The application to set aside the dismissal order is allowed, and the parties are granted another opportunity to argue the legal point at a preliminary stage.

Jacinta Muthini Kasivi v Mark Macharia [2013] KEELRC 145 (KLR)

✦ Application to set aside the Award is dismissed with costs to the Claimant.

TABITHA MASEGE V MOBILE LINK (K) LIMITED [2013] KEELRC 360 (KLR)

✦ The termination was substantively and procedurally unfair, and without justifiable cause.

Union Of National Research And Allied Institutes Staff Of Kennya v Kenya Marine And Fisheries Research Institute [2013] KEELRC 153 (KLR)

✦ The Court declares Clause 2(j) of the Recognition Agreement unconstitutional and prohibits the Respondent from preventing any of its employees from joining the union.

STEPHEN KARIUKI & another v MICHAEL NJOROGE & another [2013] KEELRC 414 (KLR)

✦ The parties are directed to take a hearing date and file full particulars regarding employment, including annual leave, work on public holidays, house allowance, and overtime.

Philemon Wachara Obenge v Easy Mart Limited [2013] KEELRC 893 (KLR)

✦ The Court found the Claimant's salary to be Kshs. 70,000 and allowed the claim for underpayment. The termination was found to be unfair as the Respondent failed to provide a fair reason for the termination and did not follow fair procedure.

John Mose Amiga v Dominion Vegfruits Limited [2013] KEELRC 147 (KLR)

✦ The Court finds and awards that the Respondent's evidence is more persuasive and the Claimant was found to be a forthright witness.

Stephen Mbuvi Kathoka v Parbat Siyani Construction Co. Ltd [2013] KEELRC 630 (KLR)

✦ Claimant was unfairly terminated and awarded compensation including 3 months compensation, one month pay in lieu of notice, service pay, pro rata leave, and overtime due.

Wario Gorise v Vicky Nyaithiru Kabetu (Director, Estate Muthithi Plantation) [2013] KEELRC 708 (KLR)

✦ The Court dismisses the Claimant's case filed two years after the last conciliation process as an abuse of the court process.

Victor Kiptoo Ngeno v A.O. Bayusuf & Sons Ltd [2013] KEELRC 540 (KLR)

SUNIL KUMAR CHHABRA v G4S SECURITY SERVICES LIMITED [2013] KEELRC 451 (KLR)

✦ The Court orders the Respondent to pay the Claimant Kshs. 2,586,600 in severance pay within 30 days of the delivery of this Award.