Kenyan case law
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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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Kibet v Family Bank Limited (Cause 486 of 2017) [2023] KEELRC 2537 (KLR) (19 October 2023) (Judgment)
✦ The court declares the claimant's termination wrongful, unfair, and unlawful. The claimant is awarded compensation and a month's salary in lieu of notice.
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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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Gichana v Security Group Kenya Limited (Cause 2556 of 2016) [2023] KEELRC 2648 (KLR) (19 October 2023) (Judgment)
✦ The claimant's claim for gross underpayment and damages for wrongful dismissal is dismissed. The termination of employment was for valid reasons and the respondent followed a fair procedure.
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Kenya Union of Domestic Hotels Educational Institutions Hospitals and Allied (KUDHEIHA) Workers v Kathonzweni High School (Cause 84 of 2015) [2023] KEELRC 2555 (KLR) (19 October 2023) (Judgment)
✦ The dismissal was not lawful and fair due to the lack of a valid reason, and the Court awards six months' salary in compensation.
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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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Kisang v Judicial Service Commission (Employment and Labour Relations Cause E521 of 2020) [2023] KEELRC 2565 (KLR) (19 October 2023) (Ruling)
✦ The application is struck out as prematurely sought and improperly sought.
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Nyikuli v Floral Heritage Limited & another (Employment and Labour Relations Cause 1388 of 2016) [2023] KEELRC 2714 (KLR) (19 October 2023) (Judgment)
✦ The Court found that the termination of the Claimant's employment was unlawful and unfair.
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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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Kenya Union of Commercial, Food and Allied Workers v Mr Price Retail Kenya Limited (Employment and Labour Relations Cause E114 of 2022) [2023] KEELRC 2540 (KLR) (19 October 2023) (Ruling)
✦ The Court grants the Claimant's prayer (b) of the Notice of Motion, restraining the Respondent from victimizing, coercing, harassing, discriminating, terminating or disciplining any of its employees who wish to join the Claimant's Union.
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Mbaja & 28 others v County Government of Migori & another (Cause E041 of 2023) [2023] KEELRC 2562 (KLR) (19 October 2023) (Ruling)
✦ The applicants are not entitled to the award of injunctive relief.
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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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Muravvej Holdings Ltd v Mwadzoya (Miscellaneous Application E060 of 2021) [2023] KEELRC 2572 (KLR) (19 October 2023) (Ruling)
✦ The Notice of Motion is hereby struck off with no order as to costs
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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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Koskei v Brandlife Kenya Limited (Cause 315 of 2020) [2023] KEELRC 2647 (KLR) (19 October 2023) (Judgment)
✦ The termination was not for a valid reason and the respondent did not follow a fair procedure. The claimant is entitled to compensation.
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Michira & 41 others v Aegis Kenya Ltd t/a Leopard Beach Hotel (Cause E088 of 2023) [2023] KEELRC 2551 (KLR) (19 October 2023) (Ruling)
✦ The court finds the claimants' claims time barred and strikes out the suit.
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Mwangi v Goodman Agencies Limited (Cause E318 of 2020) [2023] KEELRC 2575 (KLR) (19 October 2023) (Judgment)
✦ The court found the termination to be unfair due to lack of procedural fairness and evidence of investigations.
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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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Kenya Private Universities Workers Union v Al Jamea Tus Saifiyan Campus Nairobi (Cause 668 of 2019) [2023] KEELRC 2560 (KLR) (19 October 2023) (Judgment)
✦ The Claim is dismissed.
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Chirima v DL Group of Companies Limited (Cause 23 of 2019) [2023] KEELRC 2552 (KLR) (19 October 2023) (Judgment)
✦ The court held that the termination was unfair and unlawful, and ordered the respondent to pay the claimant the unpaid leave days, car maintenance, and other dues as per the Employment Act, 2007.
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Kariuki v SBM Bank (Kenya) Limited (Cause E404 of 2023) [2023] KEELRC 2542 (KLR) (19 October 2023) (Ruling)
✦ The Court finds the redundancy exercise unlawful and orders the Respondent to freeze the loan from accruing interest and penalties, and to delist the Claimant from the Credit Reference Bureau.
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Kimari v Standard Engineering Works (Cause E658, E657 & E660 of 2021 (Consolidated)) [2023] KEELRC 2641 (KLR) (19 October 2023) (Judgment)
✦ The claimants are entitled to terminal benefits including arrears of salary, house allowance, travelling allowance, accrued leave days, and gratuity.
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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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Kenya Union of Commercial, Food and Allied Workers v Sonado Ceramics Limited (Employment and Labour Relations Cause E188 of 2023) [2023] KEELRC 2564 (KLR) (19 October 2023) (Ruling)
✦ The court directs the dispute be referred to conciliation to resolve outstanding issues amicably within 45 days.
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Masakha v Eveready Security Guards Co Limited (Cause 842 of 2016) [2023] KEELRC 2515 (KLR) (18 October 2023) (Judgment)
✦ The Claimant's claims for damages for wrongful dismissal and notice pay are dismissed.