Kenyan case law

HOSEA CHERUIYOT MARU V MOI TEACHING AND REFERRAL HOSPITAL [2013] KEELRC 418 (KLR)

✦ The Industrial Court upheld the dismissal, finding that the acting director had validly exercised delegated authority and that the dismissal was not unlawful or unfair.

EUNICE MWANYALO v CHAIRMAN, KENYA TRANSPORT ASSOCIATION [2013] KEELRC 255 (KLR)

✦ The Court found the Respondent to be a legal entity and upheld the termination of the Claimant's employment.

WENSLAUS ODUKI ODINGA V KENYATTA NATIONAL HOSPITAL BOARD [2013] KEELRC 395 (KLR)

✦ Termination was unfair due to lack of due process and the Claimant is awarded 5 months' salary in compensation and one month's salary in lieu of notice.

Tailors and Textiles Workers Union v Premier Bag and Cordage Limited [2013] KEELRC 132 (KLR)

✦ The Respondent shall sign the Recognition Agreement in favor of the Claimant Union within 30 days of the delivery of this Award; the Respondent shall forthwith deduct trade union dues and remit to the Claimant.

Victor Omondi v House of General Merchant Limited [2013] KEELRC 18 (KLR)

✦ The application filed by the Respondent is dismissed. The Claimant may proceed with execution.

Gabriel Ngugi Ndumbu v Gaichanjiru Catholic Hospital [2013] KEELRC 543 (KLR)

✦ The Court rejects the Claim and Counterclaim, and orders parties to meet their respective costs.

STEPHEN WAWERU MAINA V NICEY NICEY MILLERS LTD [2013] KEELRC 260 (KLR)

✦ Claimant was deemed a month-to-month employee and the respondent should have given one month's notice for termination.

Transport & Alied Workers Union v Duale Transport Services Ltd [2013] KEELRC 52 (KLR)

✦ The application for review is dismissed with costs to the respondent.

Transport and Allied Workers Union & another v John Delfino Ntoruru [2013] KEELRC 760 (KLR)

✦ The Applicant's application is dismissed with no order for costs.

TRANSPORT & ALLIED WORKERS UNION v DUALE TRANSPORT SERVICES LTD [2013] KEELRC 488 (KLR)

✦ The grievant is entitled to payment of Kshs.20,000 in lieu of notice and no order as to costs.

ISAIAH MUTONYI WAMBUGU V JOSEPH GATOHI MAINA & ANOTHER [2013] KEELRC 257 (KLR)

✦ The plaintiff is entitled to a judgment in his favor, with remedies including a permanent injunction, declaration, and orders for the cancellation of the fraudulent title deed.

Thomas Ndiege Oyugi v Riley Falcon Security Services [2013] KEELRC 914 (KLR)

✦ Claimant is entitled to underpayment of Ksh 103,944.

Thomas Otuke Matato v Alina Security Services Ltd [2013] KEELRC 645 (KLR)

✦ Termination was procedurally and substantively unfair

Geofrey Githiri Kamau v Charles Kamau Manyala [2013] KEELRC 16 (KLR)

✦ Award of Kshs 140,000 all inclusive to the Claimant.

K.U.D.H.E.I.H.A v B.O.G Chavavo Sec School [2013] KEELRC 827 (KLR)

✦ The termination of the greviant by the respondent was unfair and unjustified.

Fredrick Kerage v DPL Festive Limited [2013] KEELRC 836 (KLR)

✦ The Court dismissed the claim as the claimant's claim has been extinguished and he is estopped from making any claim against the Respondent.

Laban Chema Libabu v Bata Shoe Company (K) Limited [2013] KEELRC 933 (KLR)

Transport Workers Union v Hajji Issa Adams & Sons Limited [2013] KEELRC 771 (KLR)

✦ The grievant was found to be a casual employee and not entitled to notice or service pay. The claim for underpayment is upheld.

Kenya Union O Commercial Food And Allied Workers Union v Atta [K] Ltd [2013] KEELRC 117 (KLR)

Symon Onyango Okumu v Sharad Dahyabhai And 5 Others [2013] KEELRC 800 (KLR)

✦ The application for review is dismissed as there is no error on the face of the record, the documents were not presented without the Claimant's knowledge, and the discovery of new documents is not supported.

GEORGE WAINAINA KAMAU V MUTHAIGA COUNTRY CLUB [2013] KEELRC 234 (KLR)

✦ The Respondent had a right to prefer an appeal in the Court of Appeal. The right of appeal was created by statute as a substantive right and could not be obliterated by procedural law.

JOHN CHOGO v TRUFOOD LIMITED [2013] KEELRC 499 (KLR)

✦ Claimant was wrongfully terminated and awarded compensation

TAILORS AND TEXTILES WORKERS’ UNION V NAKURU INDUSTRIES LIMITED [2013] KEELRC 375 (KLR)

✦ The court finds that the qualifying period for gratuity payments should be one year from the initial date of appointment.

Francis Muraula v Firestone Co-Operative Savings And Credit Society Limited [2013] KEELRC 14 (KLR)

✦ The application is dismissed as there is no sufficient ground to warrant the prayer for extension of time.

Kenya Game Hunting & Safari Workers Union v Galaxy Crocodile Ltd [2013] KEELRC 600 (KLR)

✦ The court did not find new and important matter of evidence, nor did it find an error or mistake apparent on the face of the record. The court upheld the original award.