Kenyan case law
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Aggrey Lukorito Wasike v Kenya Power And Lighting Company Limited [2016] KEELRC 1216 (KLR)
✦ The dismissal was unfair as there was no valid reason for the dismissal
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Maurice M. Munyao & 148 others v Albert Chaurembo Mumba & 8 others [2016] KEELRC 1092 (KLR)
✦ The application is dismissed with costs as there was no court order prohibiting the filing of the bill of costs.
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Josephat Kihia Muthoka v Kalu Works Limited & another [2016] KEELRC 1187 (KLR)
✦ The court finds that the claimant is disqualified from claiming gratuity due to resignation, and dismisses the claim for damages for breach of duty of care.
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Kevin James Wood v Rift Valley Railways (K) Limited [2016] KEELRC 72 (KLR)
✦ The Respondent's application is therefore declined. The case will be kept alive.
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Edward Miigu Kariuki v Toyota K Limited [2016] KEELRC 1127 (KLR)
✦ The application is dismissed as no extension of time is permissible for actions based on contracts once limitation has elapsed.
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Elizabeth Njeri Marubu v Board of Management Maragua Secondary School [2016] KEELRC 1200 (KLR)
✦ The termination was not unfair, and the claimant is not entitled to 12 months' compensation or underpayment of wages.
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Josephat Mutinda Mwanzia v Tandu Alarms Systems Limited [2016] KEELRC 67 (KLR)
✦ The Court finds that the Respondent had a valid reason for terminating the Claimant's employment and followed due procedure.
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Patrick Mbau Karanja v Kenyatta University [2016] KEELRC 1138 (KLR)
✦ The Court finds no merit in the objection and dismisses it, allowing the matter to proceed to trial on merit.
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Justin Mwangi Kimuhu v New Murarandia Farmers Co-operative Society Limited [2016] KEELRC 1192 (KLR)
✦ The claimant was constructively terminated upon lapsing of 90 days from the date of the compulsory leave.
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Presquella Adhiambo v Golden Biscuits Limited [2016] KEELRC 69 (KLR)
✦ The Court finds the Claimant was unprocedurally dismissed without a justifiable cause and awards her 12 months' salary in compensation, one month's salary in lieu of notice, and service pay for 10 years.
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Republic v Deputy Commissioner for Labour & 2 others Exparte Kevin Ashley & 2 others [2016] KEELRC 1178 (KLR)
✦ The charges against the Applicants are non-existent and the mode of resolving the matter is not by charging them. The Applicants may file suits before the Employment and Labour Relations Court if they feel they were wrongfully or unfairly terminated.
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David G. Warwathe & Joseph Kirai Ndung’u v Kiambu Unity Finance Co-operative Union [2016] KEELRC 1175 (KLR)
✦ The court allowed the application with conditions
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David Mutiso v City Clock (K) Limited [2016] KEELRC 1181 (KLR)
✦ The Court finds in favor of the Claimant on all issues and orders the Respondent to pay the Claimant ex-gratia payment of 15 days for each completed year of service, and meet the costs of the suit.
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Patrick Lumumba Shiroya v Nairobi Upperhill Hotel [2016] KEELRC 898 (KLR)
✦ The court found the termination to be wrongful and ordered the Respondent to pay the Claimant 3 months salary in lieu of notice, 6 months service, and general damages for unlawful termination.
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Nzyoki Ndeto Yumbwa V Farm Parts Ltd [2016] KEELRC 1253 (KLR)
✦ The termination of the Claimant's employment was procedurally unfair, and the Court awards compensation equivalent to 3 months gross wages.
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Raymond Komen v County Government of Nakuru & another [2016] KEELRC 1256 (KLR)
✦ The Court awarded the Claimant Kshs 2,016,428/80 and granted an order restraining the Respondents from withdrawing monies from the specified bank accounts.
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Kenya Hotels & Allied Workers Union v Mara Siria t/a Safari Camps (K) Ltd [2016] KEELRC 1269 (KLR)
✦ The Grievant voluntarily resigned and was not unfairly terminated.
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Kelvin Kigen Kieti v Kilifi County Public Service Board [2016] KEELRC 1273 (KLR)
✦ The claimant's suit is dismissed. Each party shall bear his costs.
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Peter Karanja Kuria v Carlile College [2016] KEELRC 1214 (KLR)
✦ The Court finds the consent valid and binding on the parties, dismissing the application to stay the warrant of attachment and sale.
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Pelican Haulage Contractors Ltd v Joel Kinyanjui Kang’ethe [2016] KEELRC 1219 (KLR)
✦ The court upheld the finding of the lower court that there existed a contract of employment between the parties and that the Respondent was unlawfully dismissed. The court also found that the Respondent had discharged his onus in proving special damages.
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Erick Shisiali Khahu v The Varga Limited t/a Kenya Motor Sports Club [2016] KEELRC 1183 (KLR)
✦ Claimant is entitled to compensation and terminal benefits
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Daniel Mutinda Mutua v Buzeiki Enterprises Ltd [2016] KEELRC 1254 (KLR)
✦ The termination was unfair and unjustified, and the claimant is awarded compensation
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Christine Nafula Munialo v Appex Security Services Limited [2016] KEELRC 1195 (KLR)
✦ The claim for payment of severance pay has no merit and is dismissed.
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Rehema Muthoni Saidi v Kenya Commercial Bank Limited [2016] KEELRC 1203 (KLR)
✦ The Court finds the termination invalid and unfair, and the Claimant is entitled to compensation equivalent to 12 months salary.
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Paul Ocheso Otengo v Crown Beverage Company Ltd [2016] KEELRC 1263 (KLR)
✦ The dismissal was procedurally and substantively unfair