Kenyan case law

Paul Ochieng Michael v Nairobi Aviation College [2019] KEELRC 1170 (KLR)

✦ The Court finds the termination on account of redundancy unfair and the Respondent in breach of contract.

Lameck Nyarangu Ogechi v DPL Festive Limited & another [2019] KEELRC 1074 (KLR)

✦ The court finds that the preliminary objection is not suitable for determination by way of a preliminary objection as it is a matter where the court will rely on evidence and dismisses the claim with no orders for costs.

Judy Mwendwa & another v Oxfam GB Kenya Programme [2019] KEELRC 1248 (KLR)

✦ The dismissals of the suits for want of prosecution and non-attendance are considered judgments. The claimants' applications to act in person are incompetent due to lack of leave under Civil Procedure Rules.

Edwin Lukhubi Wangwe v Brand Track Limited [2019] KEELRC 1189 (KLR)

✦ The summary dismissal of the Claimant was procedurally unfair and the Court awards compensation and pay in lieu of notice.

Pius Ngui Ngului v Pemwe Security Services [2019] KEELRC 1220 (KLR)

✦ The Claimant's claim for unfair termination is dismissed, and the Respondent is ordered to pay the admitted amount of 43,000/= for 2 years leave, unpaid salary for October 2014, and unpaid NSSF dues.

County Government of Kirinyaga v Kenya Medical Practitioners, Pharmacists & Dentists Union & 3 others;Cabinet Secretary, Labour and Social Protection & another (Interested Party) [2019] KEELRC 1253 (KLR)

✦ The Court declares the strike called by the unions unlawful, prohibited, and unprotected. The 4th Respondent has no locus to call a strike on behalf of its members. The Court grants the Claimant's application for an injunction and allows substituted service methods.

Bonaya Kambicha Abdala & 9 others v Jiangxi Zhongmei Engineering Construction Co. Ltd [2019] KEELRC 1276 (KLR)

✦ The termination of employment was not shown to comply with the law, and the Claimants are entitled to remedies including one month's salary as notice, two months' salary as compensation, and costs.

Cleopatra Kama Mugyenyi v Aidspan [2019] KEELRC 1236 (KLR)

✦ Claimants' contracts ended upon expiry of time and Respondent was not in any way to blame for not renewing their contract.

Richard Otieno Onyango v Standard Chartered Bank (K) Limited [2019] KEELRC 1227 (KLR)

✦ The court dismissed the motion to strike out the suit, finding insufficient evidence to support the claim of res judicata and that the case had not been fully determined.

Jude Riziki Kariuki v Tharaka Nithi County Government & another [2019] KEELRC 1219 (KLR)

✦ The application for review is dismissed with costs to the Respondents

Patrick Lubembe Asimani v Social Service League MP Shah Hospital [2019] KEELRC 1233 (KLR)

✦ The application for stay of execution pending appeal is dismissed due to inordinate delay.

Ali Kulo Godana & 8 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 1224 (KLR)

✦ The application is dismissed with costs to the Respondent as it is an abuse of the court process and a total waste of judicial time.

Elizabeth Muthoni Muriithi v Joseph Muchina Muriuki & another [2019] KEELRC 1249 (KLR)

Kenya National Union of Nurses v Kiambu County Public Service & 5 others [2019] KEELRC 1243 (KLR)

✦ The application dated 11th June 2019 is granted as prayed with costs to the 5th Respondent.

Martin Muleshe Shiroko v Wanjohi Consulting Engineers [2019] KEELRC 1237 (KLR)

✦ The Court grants the Application for the firm of Tess Kimotho & Company Advocates to come on record and release the decretal amount to the firm.

Kevin Ouma Otieno v Plastico Industries Limited [2019] KEELRC 1226 (KLR)

✦ The Court finds the termination of employment to be unfair and unjustified, and awards the Claimant 1 month's salary in lieu of notice, 12 months' salary as compensation for unfair termination, and unpaid leave for 1 year.

Julius Githaiga Mwangi v Ultra Limited [2019] KEELRC 1221 (KLR)

✦ The Court dismisses the Claimant's claim and finds in favor of the Respondent.

Paul Mwai Mwangi & 30 others v Kirinyaga Construction (K) Ltd [2019] KEELRC 1245 (KLR)

✦ The court ordered the dismissal of the application to set aside the orders and to reinstate the dismissed claims.

Kingsford Mukiri Gitari & 5 others v Sintel Security Print Solutions Limited [2019] KEELRC 1235 (KLR)

✦ The Claimants were terminated unfairly and unjustly, and awarded compensation and other remedies.

Joseph Okoto Ajwang v Kengen Company Limited [2019] KEELRC 1211 (KLR)

✦ The Court finds that the Respondent lawfully retired the Claimant under the Human Resource Manual and that the only omission was the failure to issue notice. The Court grants notice of Kshs.614,557.

Collins Kiio Elijah v Styroplast Limited [2019] KEELRC 1285 (KLR)

✦ The court dismissed the claimant's suit, finding no nexus between the claimant and the respondent as he had ceased being an employee of the respondent in December 2014.

Amina Guyo Dalacha & 19 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 1283 (KLR)

✦ The application is dismissed as there is no error on the face of the judgment.

John Kamwere Mwangi v Registered Trustees of Nairobi Gymkhana Sports Club [2019] KEELRC 1223 (KLR)

✦ The Application for Stay of Execution and Temporary Injunction is granted on condition that the Applicant deposits 1/2 the decretal sum in a joint interest earning account held in the joint names of Counsels on record and the other half be released to the Claimant within 30 days.

Elkana Kwendo Kiboi v Karsan Ramji & Sons Limited [2019] KEELRC 1240 (KLR)

✦ The Court finds that the Claimant was terminated unfairly and awards him compensation including 1 month salary in lieu of notice, house allowance, leave allowance, and 6 months salary as compensation for unlawful termination.

Republic v Judicial Service Commission & 2 others; Githinji (Exparte) (Judicial Review Application 8 of 2019) [2019] KEELRC 1286 (KLR) (28 June 2019) (Judgment)

✦ The Court found in favor of the applicant, quashing the decision to retire him and ordering the respondents to provide the applicant's birth certificate and pay his costs.