Kenyan case law

Kenya Plantation & Agricultural Workers Union v Fontana Limited [2016] KEELRC 1279 (KLR)

✦ The Grievant's continued service after the contract expired was dismissed by the Respondent, and the dismissal was found to be unfair.

Joseph Onganga Mtulah v Ol Kalou Dairy Ltd [2016] KEELRC 1281 (KLR)

✦ The termination was substantively unfair due to the Respondent's failure to prove the reasons as valid and fair.

George Mungai v Trustees, Lions Club of Nakuru School [2016] KEELRC 1282 (KLR)

Lucus Mzee Wamukota v Riley Falcon Security Ltd [2016] KEELRC 1278 (KLR)

✦ The termination was unfair on account of redundancy and the Respondent failed to comply with the Employment Act, 2007.

Caleb Adembesa Isiji v Rai Plywood (K) Ltd [2016] KEELRC 1285 (KLR)

✦ The dismissal was procedurally fair but substantively unfair.

David Muthui Ndungu v Riley Falcon Security Ltd [2016] KEELRC 1276 (KLR)

✦ Termination was unfair on account of redundancy

Patrick Gathenya & another v Merica Hotel Ltd [2016] KEELRC 1284 (KLR)

✦ The dismissal was substantively unfair and procedurally compliant.

Ahmed Addullahi v Kenya Nut Company Ltd [2016] KEELRC 1277 (KLR)

✦ The dismissal was procedurally and substantively fair

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Silver Hotel, Naivasha [2016] KEELRC 1259 (KLR)

✦ The Court found in favor of the Union and ordered the Respondent to pay the dues and compensation to the employees.

Mildred Atenge Emuria v Fidelis Wamalwa [2016] KEELRC 1180 (KLR)

✦ The Court finds the termination unfair and orders the Respondent to pay the Claimant Kshs.203,895.25 as compensation for unfair termination.

Edward Ajanga v Osteria Group (K) Ltd [2016] KEELRC 1325 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 3 years.

Benard Okeah & 5 others v National Nurses Association of Kenya & another [2016] KEELRC 1346 (KLR)

✦ The Claimants' application fails and is dismissed with costs being in the cause.

Joseph Onyango Asere v Brookside Dairy Limited [2016] KEELRC 1221 (KLR)

✦ The Court finds the dismissal to be unfair and orders the Respondent to pay the Claimant one month's salary in lieu of notice, 12 months' compensation, and costs of the suit.

Kenya Union of Commercial, Food and Allied Workers v Uzuri Foods Limited (Golden Harvest Mills) & another [2016] KEELRC 1343 (KLR)

✦ Court finds no reason for Respondent's refusal to deduct and remit union dues and bars Respondent from victimising Claimant's members

Kenya Building, Construction, Timber & Furniture Industries Employees Union v China National Aero Technology International Engineering Corporation Ltd [2016] KEELRC 1332 (KLR)

✦ The Court dismisses the Cause for non-attendance and non-prosecution as no steps have been taken for over 3 years.

Peter Bob Oyoo v Attorney General [2016] KEELRC 1310 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 3 years.

Kenya Chemical & Allied Workers Union v Kenplastics Limited [2016] KEELRC 1336 (KLR)

✦ The court dismissed the claim as the issues raised are the same as those in a previous case and the Claimant lacks locus standi.

Casmir Nyankuru Nyaberi v Mwakikar Agencies Limited [2016] KEELRC 1323 (KLR)

✦ The Court dismisses the Claimant's entire claim due to the absence of an enforceable employment relationship.

Richard Omemu Benjamin & another v Al Khaleej General Trading Ltd [2016] KEELRC 1321 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 3 years.

Mumo Maswili v Patriotic Guards Limited [2016] KEELRC 1320 (KLR)

✦ The Claimant failed to establish a claim for unlawful termination and the claim for one month's salary in lieu of notice must also fail.

Kenya Union of Domestic, Hotels, Educational Institutrions, Hospitals & Allied Workers v Board of Governors,Kirinyaga Technical Institute (Cause 668 of 2010) [2016] KEELRC 1294 (KLR) (Employment and Labour) (22 April 2016) (Judgment)

✦ The Court found in favor of the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) on the issue of underpayment of wages.

In re Estate of Peter Gicheru Kagocho (Deceased) (Succession Cause 376 of 1983) [2016] KEELRC 797 (KLR) (22 April 2016) (Ruling)

Nicodemus Chabani Ogendi v Radar Limited [2016] KEELRC 1247 (KLR)

✦ The court found that the termination was unlawful due to the lack of a hearing and procedural fairness.

Kenay Building Construction Timber Furniture & Allied Industries Employees Union v Mehta & Sons Limited [2016] KEELRC 1286 (KLR)

✦ The court finds that the dismissal of the grievants was wrongful and unjustified, and awards them unpaid wages, pending leave, service gratuity, and two months salary in lieu of notice.

David Barasa v British Peace Support Team & Another [2016] KEELRC 1241 (KLR)

✦ The Claimant is awarded one month's salary in lieu of notice, leave for 4 years, one day worked, service gratuity, house allowance, and 12 months compensation.