Kenyan case law
-
Kenya Electrical Trades & Allied Workers Union (KETAWU) Mt. Kenya East Branch v General Secretary Kenya Electrical Trades & Allied Workers Union (KETAWU) & another [2017] KEELRC 1320 (KLR)
✦ Application dismissed
-
Dominic Kiragu Warui v K-Rep Bank Limited [2017] KEELRC 1250 (KLR)
✦ The suit is dismissed for want of prosecution.
-
Kudheiha Workers v Kangema High School [2017] KEELRC 1328 (KLR)
✦ The application for review is dismissed with costs. The decree will stand as the agreement on the 6 months' pay for compensation was founded upon the respondent's inordinate delay in releasing the grievants' terminal benefits, which was an unfair labour practice.
-
Caleb Chola Ogecha v Seb Estates Limited [2017] KEELRC 1298 (KLR)
✦ The suspension was fair and lawful, and did not amount to constructive termination. The claimant's claims for underpayment, overtime pay, and severance pay are dismissed.
-
Elizabeth Wambui Mburu v Board of Directors Kenya Plant Health Inspectorate Service (KEPHIS) [2017] KEELRC 248 (KLR)
✦ The application is dismissed with costs as it lacks merit and is an abuse of court process.
-
Kenya National Private Security Workrs Union v Homelabd Security Service Ltd [2017] KEELRC 246 (KLR)
✦ The ex parte judgment and stay of execution are set aside, and the Respondent is allowed to file a defence.
-
Kenya Union of Supermarkets and Allied Workers v Registrar of Trade Unions & another [2017] KEELRC 1319 (KLR)
✦ The court dismissed the appeal and set aside the ruling delivered on 09.12.2016, finding that the claimant did not have the legal capacity to sue as a trade union and that the court was not functus officio.
-
Joan Nanyama Kukesi v Jungle Dove Limited [2017] KEELRC 374 (KLR)
✦ Claimant awarded Kshs.36,000 in compensation for unlawful termination; Kshs.12,000 in notice pay; and Kshs.6,300 in leave due.
-
David Mulato Donche v Attorney General & 2 others [2017] KEELRC 387 (KLR)
✦ Application dismissed with costs
-
Kenya Union of Hair and Beauty Workers v Trenz Kenya Ltd [2017] KEELRC 353 (KLR)
✦ The court denied the application for interim orders and reinstatement of terminated employees, finding that the termination was due to business difficulties and not a strike.
-
Julius Kibet Kogo & 13 others v Eldoret Mattresses Limited [2017] KEELRC 1332 (KLR)
✦ The court allowed the application and ordered the respondent to pay the claimants' salaries for March, April, and May 2017, and to deposit a security of Kshs.11,897,302.05.
-
Bernard Chemnjor v Al Nagel Holding Ltd [2017] KEELRC 1325 (KLR)
✦ The court finds that the claimant's employment was terminated by the respondent, and this termination was wrongful and unfair.
-
Joachim Mwenda v David Waititu [2017] KEELRC 1287 (KLR)
✦ Claimant was not wrongfully dismissed and is not entitled to the reliefs sought.
-
Jophinus Musundi & 6 others v Registrar of Trade Unions & another [2017] KEELRC 1187 (KLR)
✦ The appeal lacks merit and is dismissed.
-
Peter Kennedy Omondi v Charles New Nyamote [2017] KEELRC 1309 (KLR)
✦ The court enters judgment in favor of the claimant for Kshs.865,825, interest at court rates from the date of filing the suit till payment in full, and costs to follow the outcome.
-
Brian M. Lewela v Boolmat E.A. Co. Ltd & another [2017] KEELRC 1152 (KLR)
✦ Motion is struck out as prematurely brought. Law firm Bosire and Partners is improperly on record and all documents and submissions are expunged from the record.
-
Kenya Union Of Commercial, Food And Allied Workers v Magumango Dairy Co-Operative Society Limited [2017] KEELRC 1326 (KLR)
✦ Claimant is the proper trade union to represent the respondent's unionisable employees
-
Joseph Mwinamo Muholo v Serendi Kenya Limited [2017] KEELRC 1176 (KLR)
✦ The termination was unfair and unlawful.
-
Kenya Union of Commercial, Food and Allied Workers v Shade Net Limited [2017] KEELRC 1337 (KLR)
✦ The claimant union's suit is hereby dismissed with costs.
-
Fredrick Musembi v Public Service Club [2017] KEELRC 1283 (KLR)
✦ The application has no merit and is dismissed with costs to the claimant/respondent.
-
Asoro Mwenje Astone v Riley Services Limited [2017] KEELRC 1302 (KLR)
✦ The application is dismissed with costs.
-
Paul Ng’ang’a Wamuhu v Maathai Supermaket Limited [2017] KEELRC 1345 (KLR)
✦ The termination was found to be unfair and the claimant is awarded 3 months' salary for unfair termination, Kshs. 5,769 for 6 days' work, and Kshs. 25,000 for pay in lieu of notice.
-
Nahason Ndiamae & 9 others v Registrar of Trade Unions [2017] KEELRC 1301 (KLR)
✦ The court held that the decision to limit the right to freedom of association of the appellants is not justifiable and that the Registrar of Trade Unions did not provide compelling reasons to deny the appellants the right to form a union.
-
Chitsaka Rungwa Charo v Rea Vipingo Plantations Ltd [2017] KEELRC 1133 (KLR)
✦ The claimant was employed by the respondent from 2008 to March 14, 2015, and the termination was unfair.
-
Kenya Hotels and Allied Workers Union v Panari Hotel [2017] KEELRC 1311 (KLR)
✦ The court dismisses the claimant union's request for recognition, finding that the respondent and the interested party have equal rights to form and join trade unions, and that the claimant union cannot unilaterally break a long-standing Recognition Agreement.