Kenyan case law
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Carolyne Kalunde Muumbo v Nancy Mukonyo Kilonzo t/a Kilonzo N M and Company Advocates [2020] KEELRC 1218 (KLR)
✦ The court finds that the relationship between the claimant and the respondent was not an employment contract, but rather a business arrangement.
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Ngaya v Judicial Service Commission & 3 others (Cause 398 of 2014) [2020] KEELRC 1227 (KLR) (23 April 2020) (Judgment)
✦ The dismissal of the claimant was not unlawful, and he is not entitled to reinstatement or loss of earnings.
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Banking, Insurance and Finance Union (Kenya) v Kenya Commercial Bank Limited [2020] KEELRC 1223 (KLR)
✦ The Court held that the grievant's termination was valid and that he is not entitled to the reliefs sought.
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Kenya Union of Commercial Food and Allied Workers v Nol Turesh Loitoktok Water and Sanitation Company Limited & another [2020] KEELRC 1212 (KLR)
✦ The court found that the dismissals were not valid due to the non-payment of salaries and the subsequent strike.
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Rift Valley Railways Workers Union (K) v Building And Construction Workers Union & another; Central Organisation of Trade Union & 3 others (Interested Party) [2020] KEELRC 1153 (KLR)
✦ The application is spent and the 1st and 2nd Respondents and 3rd Interested Party are removed from the suit.
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Kennedy Rucho Obusuru v National Police Service Commission [2020] KEELRC 1279 (KLR)
✦ The application is dismissed with no order as to costs.
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Kenya Petroleum Oil Workers Union v Desnol Investment Limited & another [2020] KEELRC 1281 (KLR)
✦ The court finds that the termination of the employees' employment was wrongful and unfair, and awards them compensation equivalent to five months' salary, notice pay, arrear salary, leave days, public holidays, and severance pay.
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Peter Shikholi v Key International School Limited [2020] KEELRC 1276 (KLR)
✦ The court found that the termination was unlawful and unfair, and the claimant is entitled to compensation.
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Benard Ongir Aoko v County Government of Nyamira [2020] KEELRC 1282 (KLR)
✦ Claimant is awarded Kshs. 1,080,000 in unpaid extraneous allowances plus interest.
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Peter Onyango Ooko v SS Mehta and Sons Limited [2020] KEELRC 1271 (KLR)
✦ The court found that the claimant's employment was terminated without a valid reason and without a fair procedure, violating sections 36, 40, 41, 43, and 45 of the Employment Act, 2007.
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Kenya Union of Sugar Plantation and Allied Workers v West Kenya Sugar Company Limited [2020] KEELRC 1270 (KLR)
✦ All employees who had been employed as casuals initially and served the respondent for a continuous period of two months are entitled to the negotiated terms of the CBA and the salary increment under clause 34 of the CBA for the period 2017-2018.
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Annrose Wawira Munene v Elimu House Schools [2020] KEELRC 1269 (KLR)
✦ The court finds that the employment of the claimant was terminated unlawfully by the respondent.
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John Saul Naviava v Franklin Esipila & another; County Government of Vihiga & another (Interested Parties) [2020] KEELRC 1274 (KLR)
✦ The application is granted in terms of prayers 3, 4, and 5 of the Notice of Motion.
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Joseph Kamau & others v G4S Security Services (K) Limited [2020] KEELRC 1268 (KLR)
✦ The Court finds that the claimants have not proved their cases on a balance of probabilities.
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Charles Victor Orodi v Busia County Government & 3 others [2020] KEELRC 1278 (KLR)
✦ The court confirms the conservatory order and dismisses the preliminary objection.
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Eli Sitati Wasike v Ngewa Limited t/a Summer Dale Inn [2020] KEELRC 1273 (KLR)
✦ The court found the dismissal valid and fair, and the claimant is not entitled to the reliefs sought.
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Rotich Sylvester Kiprono v National Police Service Commission [2020] KEELRC 1272 (KLR)
✦ The application is dismissed with no order as to costs.
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Republic v Clerk, County Assembly of Kisumu, County Secretary, County Govenrment of Kisumu & County Executive Committee Member In Charge of Finance, County Government of Kisumu: Ex Parte Applicant Ann Atieno Adul [2020] KEELRC 1285 (KLR)
✦ The application is granted, and the respondents are ordered to pay the applicant Kshs. 5,200,000 as costs.
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Mark Kimitai Suge v Unilever Kenya Limited [2020] KEELRC 1280 (KLR)
✦ The court found that the claimant has made out a case for constructive dismissal.
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Methusellah Onyango v Jambo Grill Limited [2020] KEELRC 1267 (KLR)
✦ The court found that the termination of the claimant's employment was wrongful and that the respondent did not follow the required procedures.
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Paul Mbwabi v Samuel Muhati Liguyani [2020] KEELRC 1283 (KLR)
✦ The claimant worked for the respondent as a watchman and caretaker for about 5.5 years.
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Ismael Noo Onyango v Governor County of Siaya & another [2020] KEELRC 1284 (KLR)
✦ The court declares the appointment for a six-year term and orders the respondents to pay full remuneration and gratuity for the full six-year term.
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Lawrence Mukeka v Zanaafrica Group Limited [2020] KEELRC 1251 (KLR)
✦ Termination of employment was unfair and unjustified due to lack of valid reasons and a fair disciplinary process.
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Caroline Masika v Parapet Cleaning Services [2020] KEELRC 1262 (KLR)
✦ The Court finds that the Respondent unfairly constructively terminated the Claimant's services and orders the following remedies: 1 month salary in lieu of notice, 41 days leave, mileage allowance, airtime allowance, and 10 months' salary as compensation for the unlawful termination.
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Richard O. Pamba & another v Registered Trustees, Kenya Community Development Foundation [2020] KEELRC 1261 (KLR)
✦ The termination was unfair and unjustified, and the Claimants are awarded 15 days' salary per year worked as service pay and 10 months' salary as compensation for the unfair termination.