Kenyan case law

Nixon Mandala Malongo v Clifford Okello Rachuonyo & another [2014] KEELRC 901 (KLR)

✦ The court finds the dismissal unlawful and orders the respondents to pay the claimant three months' salary in lieu of notice, compensation for unlawful termination, and damages for loss of employment.

Musawa Zacchaeus Mumali v Nzoia Sugar Company Limited [2014] KEELRC 695 (KLR)

✦ The Court finds that the Respondent has substantially complied with the Award and the Claimant has received the damages and arrears. The Claimant has not shown sufficient reason to merit the imprisonment of the Managing Director for contempt of court.

Amalgamated Union of Kenya Metal Workers v Parklands Motors Limited [2014] KEELRC 825 (KLR)

✦ The grievant's employment was found to be unfair/unlawful, and the grievant is entitled to reinstatement without loss of benefits.

Cosmas Mutua Kimatu v Wema Technical Services Limited [2014] KEELRC 679 (KLR)

✦ The Court found the termination of the Claimant's contract of employment to be unfair and ordered the Respondent to pay the Claimant severance pay, notice pay, compensation, and annual leave pay.

Sera Muthoni Mutua v Amurt International [2014] KEELRC 769 (KLR)

✦ The Court granted the Respondent's application for security for costs in the sum of Kshs. 2,000,000.

Kenya National Private Security Workers Union v G4s Security Service [K] Limited [2014] KEELRC 692 (KLR)

✦ The Claim has no merit and fails both on procedural and substantive grounds.

Kenya Petroleum Oil Workers Union v Mesora Supermarket Limited (Kenol Mesora Petrol Service Station) & another [2014] KEELRC 772 (KLR)

✦ The Court granted leave to the 2nd Respondent to file a formal application for orders to set aside the proceedings to allow the matter to begin de novo.

Nilan Nyota Mirembo v Nairobi City County [2014] KEELRC 676 (KLR)

✦ The application for interim reinstatement is rejected. The Claimant shall schedule the main dispute for hearing.

Robert Machatha Kihara v University of Nairobi [2014] KEELRC 703 (KLR)

✦ The termination of the Claimant's contract was unfair, and the Respondent is ordered to pay 3 months' salary in notice pay and 12 months' compensation for unfair termination.

Sally Dunn v Patricia Jentz, Chairperson & 3 others [2014] KEELRC 677 (KLR)

✦ The Claim filed by Sally Dunn is hereby struck out, with no order on the costs

Kenya Chemical and Allied Workers Union v Kenya Tanning Extracts Company Limited (Cause 695(N) of 2009) [2014] KEELRC 745 (KLR) (17 January 2014) (Ruling)

Judy Wanjira Mugo v Judah Githinji Mwongo [2014] KEELRC 687 (KLR)

✦ Claimant was employed by Respondents as a Laboratory Technician and is entitled to her unpaid salary of Kshs. 56,000.

Joseph Macharia Mbugua v M/S Young Club 7 & Restaurant [2014] KEELRC 686 (KLR)

✦ The termination of the Claimant's contract of employment was unfair. The Respondent shall pay the Claimant one month salary in lieu of notice, salary arrears, underpayments, annual leave entitlement, and three months salary in compensation for unfair termination.

Kenya Airlines Pilot Association v Kenya Airways Limited [2014] KEELRC 670 (KLR)

✦ The Court granted the application for an interim order restraining the Respondent from conducting certain trainings for expatriate pilots pending the hearing of the application.

Kenya Building, Construction, Timber, Furniture And Allied Industries Employees Union v Chirag Builders Ltd & another [2014] KEELRC 694 (KLR)

✦ The Court finds the Respondents are co-employers and orders them to pay the underpaid employees.

Japheth Anyira Agura & 6 others v Registrar of Trade Unions [2014] KEELRC 688 (KLR)

✦ The Court allows the appeal and grants KUEPCAI registration as a trade union

Amos Ohuru Wasonga v Kingsway Tyres Co. Limited [2014] KEELRC 768 (KLR)

✦ The claimant was unfairly terminated and the decision to terminate him was not justified. The claimant is entitled to 1 Months salary in lieu of notice, leave for 2011 not taken, damages for unlawful dismissal, and salary for April 2011.

Lillian Atieno Ondigo v Ultimate Spa and Beauty Parlour [2014] KEELRC 704 (KLR)

✦ The Claim is hereby rejected in its totality with no order on the costs.

Barrack Musumba Oluoch v Nyanza Sugar And Produce Ltd [2014] KEELRC 767 (KLR)

✦ The Preliminary objection is dismissed as the Court has granted leave to file the case out of time and cannot entertain the objection on the same issue.

Paul Irungu Kogi v Skytech Communications Resources Ltd [2014] KEELRC 783 (KLR)

✦ The Employment Act requires that terms and conditions of employment be clearly stated in writing and signed by both parties. The contract of service between the claimant and respondent was not properly documented, leading to ambiguities.

Irene Mbari Nyaga v Attorney General on Behalf of Ministry Of Home Affairs [2014] KEELRC 773 (KLR)

✦ The court strikes out the application with no orders as to costs, as the issues raised are res judicata and the applicant should have appealed to the Court of Appeal.

Singh v Designwear Limited (Cause 1326 of 2012) [2014] KEELRC 743 (KLR) (13 January 2014) (Ruling)

Morphat Mutune Maluni v Pestlab Limited [2014] KEELRC 689 (KLR)

✦ Claimant was not paid his salary for May 2012 and is entitled to 7 days' notice pay. The claim for compensation for unfair termination is not sustainable.

George Kabue v Nokia Siemens Networks [2014] KEELRC 1421 (KLR)

✦ The termination of the Claimant's employment was unfair and the Claimant is entitled to the prayers in his claim.

Geoffrey Shamola v Eldoret Grains Ltd [2014] KEELRC 1463 (KLR)

✦ The dismissal was unfair and wrongful, and the court converts it to a normal termination.