Kenyan case law
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Nissan Kenya Savings and Credit Cooperative Society Limited v Crown Motors Group (Cause E217 of 2021) [2022] KEELRC 4013 (KLR) (29 September 2022) (Ruling)
✦ The court finds that the Employment and Labour Relations Court does not have jurisdiction to hear the claim, and dismisses the claim.
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Nyakundi v Alborz Kenya Ltd (Employment and Labour Relations Cause 838 of 2017) [2022] KEELRC 14692 (KLR) (29 September 2022) (Judgment)
✦ The court finds that the claimant was employed by the respondent as an accountant, and the termination was unfair and unprocedural.
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Mathenge & 4 others v Inspector General of Police & 3 others; Kenya Human Rights Commission (Interested Party) (Judicial Review Application 032 & 41 of 2021 (Consolidated)) [2022] KEELRC 4872 (KLR) (29 September 2022) (Judgment)
✦ The demotion violated the officers' rights to fair administrative action and fair labour practices.
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Ng’ang’a v Robinson Investment Ltd T/A Robinson Security Guards (Employment and Labour Relations Cause 169 of 2016) [2022] KEELRC 4106 (KLR) (29 September 2022) (Judgment)
✦ The court finds that the dismissal of the claimant by the respondent was unreasonable, unfair, and unlawful. The claimant is awarded one month's gross salary in lieu of notice, compensation for unfair and unlawful termination, and costs of the cause.
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Nyangweso v Roto Moulders Limited (Cause 437 of 2019) [2022] KEELRC 4147 (KLR) (29 September 2022) (Judgment)
✦ The Court declared the termination unfair and ordered the Respondent to pay the Claimant 51⁄2 months' salary in compensation for unfair termination at Kshs 1,921,040.
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Nzioki; Kenya Institute of Management & another (Respondent) (Cause 144 of 2020) [2022] KEELRC 4077 (KLR) (29 September 2022) (Ruling)
✦ The court finds that the alleged defamation occurred within the context of the employment relationship and thus falls within the court's jurisdiction.
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Karani v Sunflag Textile & Knitwear Mills Ltd (Cause 1199 of 2017) [2022] KEELRC 4073 (KLR) (29 September 2022) (Judgment)
✦ The dismissal was both substantively and procedurally unfair, and the claimant is awarded ten (10) months' salary in compensation and two (2) months' salary in lieu of notice.
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Mutungi & 6 others v Vil Limited; Kaumbuthu & 4 others (Contemnor) (Cause 225 of 2017) [2022] KEELRC 4019 (KLR) (29 September 2022) (Ruling)
✦ The preliminary objection is dismissed.
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Nyairo v Riley Falcon Securities Services Ltd (Employment and Labour Relations Claim 248 of 2015) [2022] KEELRC 4111 (KLR) (29 September 2022) (Judgment)
✦ The court finds the claimant's termination was unfair and unjustified, and awards him compensation including one month's salary in lieu of notice, underpayment of wages, leave for 1 year and 4 months, and 10 months' salary as compensation for the unfair and unlawful dismissal.
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Mwabado v Surraj Purr Limited (Cause 367 of 2016) [2022] KEELRC 4110 (KLR) (29 September 2022) (Ruling)
✦ The application is dismissed with costs
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John Munene v Kenya Wildlife Services & another (Cause E462 of 2021) [2022] KEELRC 12731 (KLR) (28 September 2022) (Ruling)
✦ The court has jurisdiction to hear the suit.
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Cosmas Obiero v Teachers Service Commission & another (Cause 294 of 2018) [2022] KEELRC 4120 (KLR) (28 September 2022) (Judgment)
✦ Dismissal was unfair, claimant entitled to pension benefits, and compensation for lost income.
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Wanjala Mulunda v Robinson Security Group (Appeal 2 of 2019) [2022] KEELRC 12687 (KLR) (28 September 2022) (Judgment)
✦ The court found that the Appellant did not establish an employment relationship with the Respondent and thus dismissed the claim.
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Mukonyole v BOB Morgan Services Limited (Cause 610 of 2017) [2022] KEELRC 4036 (KLR) (28 September 2022) (Judgment)
✦ The court finds the claimant’s testimony contradictory and unsafe to rely upon in many respects.
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Wako v Ministry of Interior and Coordination of National Government (Directorate of Immigration and Registration of Persons & 2 others (Petition E006 of 2021) [2022] KEELRC 4133 (KLR) (28 September 2022) (Judgment)
✦ The petitioner’s dismissal was lawful and he is not entitled to the reliefs sought.
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Kamundi v Nilson & 2 others (Employment and Labour Relations Claim E021 of 2021) [2022] KEELRC 4096 (KLR) (28 September 2022) (Judgment)
✦ The employment of the claimant was wrongly, unfairly and unlawfully terminated by the respondents
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Wanyama v National Government Affirmative Action Fund Board (Cause 102 of 2019) [2022] KEELRC 12783 (KLR) (28 September 2022) (Judgment)
✦ The court finds that the suspension was unlawful and orders the respondent to pay the claimant's salaries and benefits from May 9, 2019 to October 29, 2019.
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Miiru v Thamani Savings & Credit Co-op Ltd (Cause E006 of 2021) [2022] KEELRC 12682 (KLR) (28 September 2022) (Judgment)
✦ The termination of the employment of the claimant by the respondent was lawful.
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Murage v Principal, Gathambi Girls’ High School & another (Cause E053 of 2021) [2022] KEELRC 12750 (KLR) (28 September 2022) (Judgment)
✦ No termination of employment by the respondent.
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Kenya Union of Commercial, Food and Allied Workers v Endarasha Dairy Farmers Co-operative Society Limited (Cause E018 of 2020) [2022] KEELRC 4137 (KLR) (28 September 2022) (Judgment)
✦ The court finds the termination of employment to be unlawful and unfair, and orders the claimant to be reinstated with back pay and compensation.
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Olwande & 2 others v Kisii University (Cause 1 of 2020) [2022] KEELRC 12785 (KLR) (28 September 2022) (Judgment)
✦ The court dismissed the claimants' claims for breach of contract and unfair termination of employment.
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Union v Lake Treasure Limited (Cause E080 of 2021) [2022] KEELRC 4119 (KLR) (28 September 2022) (Judgment)
✦ The court finds the union has not achieved the required majority threshold for recognition and orders the respondent to commence monthly deductions of union subscriptions from 73 employees still in its employment within 30 days.
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Matumbi v Wachira & another (Cause E016 of 2021) [2022] KEELRC 12749 (KLR) (28 September 2022) (Judgment)
✦ The termination of the employment of the claimant was lawful.
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Opiyo v Kristensen & another (Cause 84 of 2016) [2022] KEELRC 4003 (KLR) (28 September 2022) (Judgment)
✦ The court finds that the termination of the claimant's employment on July 2, 2015, was unfair. The claimant is awarded compensation, pay in lieu of notice, unpaid salary, and security deposit refund.
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County Government of Meru v Kenya Union of Clinical Officers (Employment and Labour Relations Cause E009 of 2020) [2022] KEELRC 12747 (KLR) (28 September 2022) (Judgment)
✦ The court declared the strike illegal, unlawful, and unprotected, ordered the respondent to resume working, and directed the claimant to pay unpaid wages and reinstate dismissed members.