Kenyan case law
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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.
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Gathuri v School Management Committee Shah Lalji Nagnpar Academy (Cause 17 of 2020) [2023] KEELRC 2561 (KLR) (19 October 2023) (Judgment)
✦ The summary dismissal of the claimant was fair, just, and lawful, and the claimant's cause is hereby dismissed.
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Mimba v Teachers Service Commission (Cause 762 of 2018) [2023] KEELRC 2645 (KLR) (19 October 2023) (Judgment)
✦ The claimant was constructively dismissed from his employment by the respondent as a teacher. The claimant is entitled to unpaid salary for work done up to 22nd May, 2013.
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Omondi & 4 others v Brava Food Industries Limited (Cause 1772 of 2017) [2023] KEELRC 2765 (KLR) (19 October 2023) (Ruling)
✦ The claimants' suit can be reinstated for hearing on merit.
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Masha v Kenya Ports Authority (Cause E041 of 2023) [2023] KEELRC 2520 (KLR) (19 October 2023) (Ruling)
✦ The claimant's application is dismissed as he failed to address the whereabouts of the claimant and did not provide evidence to support his claim of excusable fault.
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Republic v Ag Director, Bandari Maritime Academy & 2 others; Ogogoh (Exparte Applicant); National Council for persons with Disabilities & another (Interested Parties) (Judicial Review Application E001 of 2023) [2023] KEELRC 2522 (KLR) (19 October 2023) (Ruling)
✦ The application is dismissed as it is found to be an abuse of court process due to non-compliance with procedural requirements.
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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
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Bahola v Kenya National Union of Teachers & 3 others (Cause 1 of 2019) [2023] KEELRC 2549 (KLR) (19 October 2023) (Ruling)
✦ The ex parte proceedings are set aside and the hearing is re-opened for the respondents' case only
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Otieno & another v County Government of Homa-Bay & 5 others (Petition E051 of 2022) [2023] KEELRC 2547 (KLR) (19 October 2023) (Judgment)
✦ The court has jurisdiction to determine the petition.
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Kapila v Als Limited (Miscellaneous Application E046 of 2023) [2023] KEELRC 2563 (KLR) (19 October 2023) (Ruling)
✦ The court adopts the DOSH award and orders its enforcement as a decree of the court.
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Githinji v Metro Logistics Kenya Limited (Appeal EO56 of 2021) [2023] KEELRC 2715 (KLR) (19 October 2023) (Judgment)
✦ The court declared the termination unlawful and awarded 1 month in lieu of notice and 1 year compensation for unlawful termination.
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Gachoka v Kisiwa Guest House Lodge Limited (Cause 806 of 2016) [2023] KEELRC 2521 (KLR) (19 October 2023) (Ruling)
✦ The party and party bill of costs shall be re-assessed and the above analysis put into account. Each party shall be responsible for their own costs.
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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.
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Ibrahim v Reliance Hospital Limited (Employment and Labour Relations Cause E816 of 2021) [2023] KEELRC 2539 (KLR) (19 October 2023) (Judgment)
✦ The court held that the Claimant's contract of employment was of a temporary nature, thus rejecting her claim that she was employed on an indefinite term.
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Gongera v Mount Kenya University (Employment and Labour Relations Cause E958 of 2021) [2023] KEELRC 2713 (KLR) (19 October 2023) (Ruling)
✦ The ex parte judgment is set aside and the Respondent is granted leave to file their response to the amended Statement of Claim.
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Okong’o v Chowparty Pure Vegetable Restaurant (Cause 2186 of 2017) [2023] KEELRC 2627 (KLR) (19 October 2023) (Judgment)
✦ The claimant's employment was not wrongfully terminated and the claim for unlawful and unfair summary dismissal has no merit.
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Rashid & 9 others v Endmor Steeel Millers Ltd (Employment and Labour Relations Appeal E011 of 2021) [2023] KEELRC 2603 (KLR) (19 October 2023) (Judgment)
✦ The Appellants' claims for unfair termination and terminal dues are dismissed.
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Kiilu v Kenya Airports Authority (Petition E071 of 2023) [2023] KEELRC 2613 (KLR) (19 October 2023) (Ruling)
✦ The court lacks jurisdiction to entertain the suit due to the statute of limitations under the Employment Act, 2007.
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Ochola v Quickfill Limited (Cause E025 of 2021) [2023] KEELRC 2611 (KLR) (19 October 2023) (Judgment)
✦ The court held that the Claimant was terminated on account of redundancy and that the change of terms from permanent and pensionable to a fixed-term contract was a new contract. The Claimant is entitled to the reliefs he seeks.
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Kenya County Government Workers Union v Murang’a County Government & 2 others (Cause E047 of 2022) [2023] KEELRC 2574 (KLR) (19 October 2023) (Judgment)
✦ The court held that the union has locus standi to sue on behalf of its members and that the discrimination in the suitability interviews was unlawful.
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Mini Bakeries (Mombasa) Ltd v Mwanguya (Appeal E092 of 2022) [2023] KEELRC 2566 (KLR) (19 October 2023) (Judgment)
✦ The lower court's judgment is set aside, and a fresh trial is ordered before a different magistrate.
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Kenya Women Microfinance Limited v Angore (Appeal E009 of 2023) [2023] KEELRC 2556 (KLR) (19 October 2023) (Judgment)
✦ The appeal is dismissed with costs. The termination was not unfair and unlawful, and the respondent was not coerced into resigning.
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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.
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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.
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Kenya Engineering Workers’ Union v Jokali Handling Services Limited & another (Cause 18 of 2017) [2023] KEELRC 2525 (KLR) (19 October 2023) (Ruling)
✦ The motion is dismissed with costs to the Respondents as the Court dealt with the singular matter placed before it and the motion does not merit award of review orders.