Kenyan case law
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Mcdonald Charo & 36 others v Bofa Maweni Limited [2017] KEELRC 1118 (KLR)
✦ The termination of the claimants' employment contracts was unfair and unlawful.
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Kenya Hotels and Allied Workers Union v Panari Hotel [2017] KEELRC 1311 (KLR)
✦ The court dismisses the claimant union's request for recognition, finding that the respondent and the interested party have equal rights to form and join trade unions, and that the claimant union cannot unilaterally break a long-standing Recognition Agreement.
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Benard Ochieng Odhiambo & 2 others v Mulji Devraj & Brothers Ltd [2017] KEELRC 1384 (KLR)
✦ The claimants' employment relationship with the respondent is not proven, and the suit is dismissed with no order as to costs.
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Joseph Murabu Mwero v K-Rep Bank Ltd [2017] KEELRC 1316 (KLR)
✦ The court dismissed the application to stay execution of the warrant of attachment, but ordered that the execution should exclude the amount of PAYE payable to the Commissioner of Taxes.
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Edwin Kipchumba Kinyor v Moi University [2017] KEELRC 1324 (KLR)
✦ The termination of the employment of the claimant was lawful and procedurally fair.
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Elpha John Esekon v County Government of Turkana & another [2017] KEELRC 1336 (KLR)
✦ The application is allowed, and the court orders the respondent to file written submissions within 14 days, the judgment date is deferred, and the application costs are in the cause.
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Eunice Akinyi v James Finlays (K) Ltd [2017] KEELRC 1333 (KLR)
✦ The court finds the termination of the claimant's employment to be wrongful, unfair, and unlawful.
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Mary Rioba v Nyamira County Government [2017] KEELRC 1335 (KLR)
✦ The court finds in favor of the claimant, finding an employment relationship and early retirement. The claimant is entitled to the relief sought.
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Clement Otieno Nyang v Simon Ndungu Kuria & another [2017] KEELRC 1367 (KLR)
✦ The application is dismissed as the plaintiff has failed to establish a prima facie case with a probability of success.
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Jaime Andres Carpintero v Setright Technologies Limited [2017] KEELRC 1392 (KLR)
✦ The Court found no employment relationship between the Claimant and the Respondent, and the claim is struck out.
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Andaserah Wangui Mwangi v Michael Muraya Kirara & another [2017] KEELRC 1373 (KLR)
✦ The court finds that the claimant was employed from August 10, 2015, and not in April 2014. The claimant is awarded one month pay in lieu of termination notice and a further one month pay under section 49(1)(c) of the Employment Act. The claimant is also awarded underpayment of wages and compensation for unfair termination.
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Nancy Wambui Muturi v Michael Muraya Kirara & 2 others [2017] KEELRC 1349 (KLR)
✦ Claimant awarded Kshs.259,344.00 for terminal dues, including one month pay in lieu of notice, public holidays, annual leave, service gratuity, underpayment of wages, and compensation for unfair termination. Claimant also awarded Kshs.14,058.00 for severance pay.
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Rachel Wanjiku Kiruri v Michael Muraya Kirara & another [2017] KEELRC 1388 (KLR)
✦ The court finds the claimant was unfairly dismissed and awards her one month pay in lieu of notice and further 9 months' pay under section 49(1)(c) of the Employment Act. The claimant is awarded other terminal dues as per the Employment Act.
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Richard Mbuthia Kamenya & another v Broadband Communication Network Limited [2017] KEELRC 1351 (KLR)
✦ The court finds that the termination was unfair and unprocedural, and the judgment is set aside.
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Nicholas Maina Mukundi v Othaya Boys High School [2017] KEELRC 1342 (KLR)
✦ The claimant is awarded Kshs.231,007.00 in total, including 9 months' pay for unfair termination and Kshs.30,000.00 in costs.
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Kenya Union of Commercial Food and Allied Workers v Olivado (Epz) Limited [2017] KEELRC 1366 (KLR)
✦ The court finds the termination unfair due to procedural violations and awards the claimants the specified remedies.
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James Mwangi Waithira & another v Qristol Tanks [2017] KEELRC 1374 (KLR)
✦ The Court finds the Respondent failed to establish a valid reason for the Claimants' dismissal and violated procedural fairness requirements. The Court awards six months' salary in compensation and one month's salary in lieu of notice to each Claimant.
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Kenya Plantation & Agricultural Workers Union v Greystone Farm Limited [2017] KEELRC 1362 (KLR)
✦ The court granted the stay of execution pending appeal with conditions
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Okiya Omtatah Okoiti v President of Kenya & 6 others [2017] KEELRC 1294 (KLR)
✦ The court declared the 2nd respondent's purported removal of the 3rd interested party and the appointment of the 2nd interested party as unlawful, null and void.
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Carolyne L Musonye v Panari Hotel Ltd [2017] KEELRC 366 (KLR)
✦ The court finds the termination unfair and orders the Respondent to pay the Claimant basic pay, leave pay, leave travelling allowance, notice pay, and 10 days worked in July, 2013.
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Pamphilius Jum Kamito v Group 4 Security [2017] KEELRC 364 (KLR)
✦ The claim is time-barred and the suit is dismissed.
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Asah Nuwabiine v Aggreko International Projects Limited & another [2017] KEELRC 1447 (KLR)
✦ The application is dismissed on grounds of time limitation.
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Pauline Chokaa Muliro v Aga Khan Hospital [2017] KEELRC 1173 (KLR)
✦ The leave to amend the defendant's name is granted
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Joseph Seif Deche v Mistry V.N. Mulji & Company [2017] KEELRC 1178 (KLR)
✦ The claimant was employed on a casual basis and his employment ended on April 17, 2013. The suit is therefore statute barred and is struck out.
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Moses Muriithi Njue & 2 others v China Overseas Engineering Group Company Limited (Covec) [2017] KEELRC 1451 (KLR)
✦ Application dismissed, costs awarded to claimants