Kenyan case law

Kenneth Njiru Nyorani v Dodhia Packaging Limited [2014] KEELRC 812 (KLR)

✦ The application is dismissed with costs.

James Omwoyo Nyang’au v Heritage Insurance Company Limited [2014] KEELRC 700 (KLR)

✦ The Court finds that the Claimant was wrongfully retired early and is entitled to general damages for breach of contract.

Josephat Ochieng Oduori v Innscor Kenya Limited [2014] KEELRC 669 (KLR)

✦ The claimant's claim is dismissed with costs to the respondent.

Miriam Wambui Thiriku v Bomas of Kenya [2014] KEELRC 803 (KLR)

✦ The court allows the preliminary objection and strikes out the application as the affidavit was sworn by an unqualified advocate.

Sairabanu Akbarkhan v Kahawa The Coffee House Limited [2014] KEELRC 684 (KLR)

✦ The Court finds the termination was unfair and unlawful. The Claimant is awarded annual leave pay, leave traveling allowance, salary for 19 days worked in February 2011, and service pay. The total amount is Kshs. 99,691, to be paid within 30 days.

Linnet Ndolo v Registered Trustees of the National Council of Churches of Kenya [2014] KEELRC 817 (KLR)

✦ The Industrial Court of Kenya had jurisdiction to hear the case involving a fellow judge, and the presiding judge acted impartially and dispassionately.

Sang v Attorney General (Cause 2408 of 2012) [2014] KEELRC 752 (KLR) (6 February 2014) (Judgment)

Josphat Bundi Murithi v Pasico Eastern Africa Ltd [2014] KEELRC 919 (KLR)

✦ The respondent was forced to terminate the claimant's services due to the need to restructure its operations and declare several positions redundant

Robert Mugira Fabian v Athi River Mining Limited [2014] KEELRC 792 (KLR)

✦ The application is dismissed.

Joseph Okindo & another v Vapor Sports Ministries [2014] KEELRC 683 (KLR)

✦ The termination of the Claimants' contracts was unfair due to the lack of fair procedure. The Court orders compensation and notice pay for each Claimant.

Paul Mutisya Muendo v Charles Thiong’o Human Resource Director,A.I.C. Kijabe Hospital & another [2014] KEELRC 696 (KLR)

✦ The dismissal was fair and proportionate, and the claim is disallowed.

Anthony Ochieng Onyango v Lwala Mixed Sec. School & 2 others [2014] KEELRC 805 (KLR)

✦ The court found in favor of the claimant on all issues.

Rebecca Ann Maina & 2 others v Jomo Kenyatta University of Agriculture and Technology [2014] KEELRC 793 (KLR)

✦ Interim conservatory orders granted

Charles Muturi Mwangi v Invesco Assurance Co Ltd [2014] KEELRC 832 (KLR)

✦ The application is defective due to the undated supporting affidavit and cannot be granted at this stage.

Leonida Makokha & 3 Others v Munene Estate Limited [2014] KEELRC 795 (KLR)

✦ The Court finds no basis for the Respondent's submission that the Claimants are barred from coming to the Industrial Court because their dispute was referred to the Labour Office. The objection on account of limitation is overruled. The amendments introduced by the Claimants are not new claims.

Kenya Union of Commercial Food & Allied Workers v Ukwala Supermarket Ltd [2014] KEELRC 707 (KLR)

✦ The court reaffirmed its directive to conduct a ballot in the Respondent's known supermarkets and ordered the Respondent to provide a comprehensive list of its employees.

Josphat Ingosi Andulu & another v Nightingale Rukuba [2014] KEELRC 710 (KLR)

✦ The court finds the dismissal unlawful and unfair, and awards six months salary as compensation for unlawful and unfair dismissal.

National Union of Water & Sewage Employees v Paul Njagi Michuki & 11 others [2014] KEELRC 824 (KLR)

✦ The court denied the stay of proceedings and did not consolidate the suits.

Joyce Mueni Wambua v East African Growers Ltd [2014] KEELRC 709 (KLR)

✦ Claimant is awarded 10 months salary for the wrongful and unfair termination of employment in the sum of Kshs.90,000/=.

Samuel Chacha Mwita v Kenya Medical Research Institute [2014] KEELRC 815 (KLR)

✦ The court held that the claimant's employment contract was a fixed-term contract and that the termination was not due to the employer's act.

Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Industrial Research and Development Institute (KIRDI) (Cause 199 of 2011) [2014] KEELRC 711 (KLR) (31 January 2014) (Ruling)

Mukonyo v Jamii Bora (K) Ltd (Cause 855 of 2012) [2014] KEELRC 724 (KLR) (31 January 2014) (Ruling)

Maurine Achieng v Satish K. Shah (Cause 19'A' of 2013) [2014] KEELRC 779 (KLR) (30 January 2014) (Ruling)

✦ The application is dismissed with costs.

Catherine M. Raini v CMC Holding Ltd [2014] KEELRC 780 (KLR)

✦ Application dismissed as the claimant has not shown that the respondent is in the process of disposing their business/property or moving property from the jurisdiction of the court.

Abdulrahman K. Ramadhan & another v Easy Coach Limited [2014] KEELRC 782 (KLR)

✦ The dismissal was not fair as there was no valid reason for the dismissal and the procedure adopted was not fair.