Kenyan case law

Calisto Oduol v Sameer Africa Limited [2015] KEELRC 1179 (KLR)

✦ The court finds that there were no valid reasons to warrant dismissal of the Claimant and that due process was not followed.

Benjamin Yego v Bob Morgan Services Limited [2015] KEELRC 1001 (KLR)

✦ The Claimant was discharged from employment, not retired, and the Respondent is not liable for severance pay or other outstanding dues.

David K Cheruiyot v Barclays Bank of keny Limited [2015] KEELRC 1164 (KLR)

✦ The Claimant resigned on 22/7/2005, and the Respondent rejected the resignation. The termination was not due for valid reasons, and due process was not followed.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Canaan Restaurant [2015] KEELRC 1148 (KLR)

✦ The Court found the dismissals to be unfair.

Kizito Savali v Marshalls East Africa Limited (Cause 1264 of 2010) [2015] KEELRC 1574 (KLR) (17 April 2015) (Ruling)

✦ The court finds that the Objector has not demonstrated legal or equitable interest in the office furniture and the seven motor vehicles, and the proclamation is upheld.

Maxwell D. Obago v Teachers Service Commission & another [2015] KEELRC 1579 (KLR)

✦ The court finds the Claimant's case has merit and declares the resignation letter invalid, orders the TSC to compute and pay the Claimant's salary and benefits, and directs the TSC to re-engage the Claimant in a teaching position.

National Union of Water & Sewerage Employees v Registrar of Trade Unions & 5 others [2015] KEELRC 1576 (KLR)

✦ The Application for Review is dismissed with costs.

David Maina Muchai v Victory Construction Company Limited [2015] KEELRC 1575 (KLR)

✦ The court finds that the Claimant is entitled to one month's salary in lieu of notice, service gratuity, payment in lieu of untaken leave, and five months' salary for unprocedural retrenchment.

Rop v Menengai Oli Refineries Ltd (Cause 138 of 2014) [2015] KEELRC 1654 (KLR) (17 April 2015) (Judgment)

✦ The Court finds that the Claimant's occupation for purposes of wages was a general labourer. The dismissal was not unfair.

Conslata Witambira Lwichi v Harvest Limited [2015] KEELRC 1145 (KLR)

✦ The Court finds that the Claimant has proved there was unfair termination of employment.

Leonard Omondi Aluko (Acting on his own behalf and on behalf of Kenya Union of Courier and Allied Workers) & 4 others v G4s Kenya Limited (G4s Courier Services) [2015] KEELRC 1581 (KLR)

✦ The Applicants have established a prima facie case with a probability of success.

Peter Kingori Thuo v Dodhia Motors Ltd [2015] KEELRC 1105 (KLR)

✦ The termination of the claimant's employment was wrongful, unlawful, and unfair.

Mugo v Laikipia University Council & 2 others (Cause 38 of 2015) [2015] KEELRC 1655 (KLR) (17 April 2015) (Ruling)

✦ The Court does not grant the motion to stay the suspension and issue restraining orders, as the applicant has not shown compelling reasons for such intervention.

Abraham Nyambane Asiago v Barclays Bank of Kenya Limited [2015] KEELRC 1190 (KLR)

✦ The termination of the Claimant's employment was unfair, and the Respondent's claim for accrued interest on the Claimant's housing loan facility is dismissed.

David Wanyonyi v Attorney General, Chief of Defences Forces & Army Commander Kenya Army (Cause 401 of 2013) [2015] KEELRC 1143 (KLR) (17 April 2015) (Ruling)

✦ The motion for stay of execution is unmerited and dismissed with no order as to costs

Enock Owino Onyuno v Majani Mingi Sisal Estate Ltd [2015] KEELRC 1140 (KLR)

✦ The dismissal was procedurally unfair and the Court awards 12 months gross wages compensation of Kshs 385,080/-

Eric Mwangi & 3 others v Manji Foods Industries Limited [2015] KEELRC 1580 (KLR)

✦ The Claimants are entitled to the remedies sought.

Martin Muleshe Shiroko v Wanjohi Consulting Engineers Limited [2015] KEELRC 1176 (KLR)

✦ The Claimant was not terminated but retired upon attaining the retirement age. He is entitled to 3 months salary in lieu of notice, house allowance, and site allowance.

David Njuguna Mungai v Registered Trustees of Sisters of Mercy t/a Mater Hospital [2015] KEELRC 1185 (KLR)

✦ The Appellant's resignation was lawful, and the Respondent could not summarily dismiss him. The Appellant is entitled to terminal benefits and costs.

Robert Mofat Odhiambo v Harambee Sacco Ltd [2015] KEELRC 1578 (KLR)

✦ The suspension and salary stoppage are unlawful and the Respondent is ordered to pay the Claimant his full salary for the period of suspension and to lift the suspension.

David Juma Akite v Amos Maina Mutero T/A Summerland Hotel [2015] KEELRC 1147 (KLR)

✦ The preliminary objection is dismissed with costs to the Claimant.

Kenya Union of Commercial Food & Allied Workers v Tusker Mattresses Ltd [2015] KEELRC 1577 (KLR)

✦ The court holds that the Respondent's interpretation and implementation of the CBA were correct, and the suit is dismissed.

Odhore v Longhorn Kenya Limited (Cause 752 of 2013) [2015] KEELRC 1659 (KLR) (16 April 2015) (Judgment)

✦ The Court found the termination to be fair and upheld the Respondent's decision.

Laban Mungai v Bordar Limited [2015] KEELRC 983 (KLR)

✦ The Court found the dismissal to be unlawful and unfair.

Bouhuys Johaned Eduard Cornelis v Obadiah Njora Mwangi (Environment & Land Case 14 of 2014) [2015] KEELRC 1183 (KLR) (16 April 2015) (Ruling)