Kenyan case law
-
Isandula v Friends Church (Quakers) Nairobi Yearly Meeting (Civil Appeal 35 of 2019) [2023] KEELRC 2513 (KLR) (18 October 2023) (Judgment)
✦ The Appellant's claims for salary arrears are statute barred, and the appeal is dismissed.
-
Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Design Workers Union v Intex Construction Limited (Employment and Labour Relations Cause E559 of 2020) [2023] KEELRC 2495 (KLR) (18 October 2023) (Ruling)
✦ The prayers by the Claimant are granted, and the previous orders are held to be merited.
-
Nakhayo v Council, University of Kabianga & another (Petition E006 of 2020) [2023] KEELRC 2734 (KLR) (18 October 2023) (Ruling)
✦ The taxation of the party-to-party bill of costs is set aside due to lack of both a factual and legal foundation.
-
Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v BOM –St. Mary’s Mumias Girls High School (Employment and Labour Relations Cause E006 of 2023) [2023] KEELRC 2531 (KLR) (18 October 2023) (Judgment)
✦ The court held that the Respondent should retain the terms of Clause 6 (a)(i, ii &iii) of the 2016-2017 CBA.
-
Otieno v Maseno University (Cause 300 of 2017) [2023] KEELRC 2491 (KLR) (18 October 2023) (Ruling)
✦ The application is dismissed with costs.
-
Nandwa v National Communication Secretariat (Petition E085 of 2022) [2023] KEELRC 2506 (KLR) (18 October 2023) (Ruling)
✦ The court upheld the Petitioner's computations and ordered the Respondent to pay underpayments from November 23, 2020, with interest.
-
Kunga v Okungu t/a Rock Resort Kisumu; George Philip Investment Ltd (Objector) (Cause 18 of 2016) [2023] KEELRC 2499 (KLR) (18 October 2023) (Ruling)
✦ The Court dismissed the Objector's motion and upheld the previous judgment.
-
Nakitari v Busia Water & Sewerage Services Co. Ltd & another (Employment and Labour Relations Cause 9 of 2023) [2023] KEELRC 2534 (KLR) (18 October 2023) (Ruling)
✦ The court found that the revocation of the claimant's re-appointment was not fair and ordered the reinstatement of the claimant as the Managing Director of the 1st respondent.
-
Kiliru v Savannah Brands Company Limited (Cause E493 of 2022) [2023] KEELRC 2508 (KLR) (18 October 2023) (Judgment)
✦ The Court found the termination of the Claimant's employment to be lawful and fair, and denied the Claimant's entitlement to the remedies sought.
-
Isanda v Diamond Trust Bank (K) Ltd (Cause E024 of 2023) [2023] KEELRC 2498 (KLR) (18 October 2023) (Ruling)
✦ The cause of action is statute-barred and the cause is struck out with costs to the Respondent
-
Agoro v Constituencies Development Fund Board (Cause E013 of 2020) [2023] KEELRC 2490 (KLR) (18 October 2023) (Judgment)
✦ The Court finds that the Board had valid and fair reasons to terminate the Claimant's contract and release him back to the Ministry of Devolution. The Court dismisses the claim with no order on costs.
-
Teachers Service Commission v Makokha (Employment and Labour Relations Appeal E004 of 2023) [2023] KEELRC 2518 (KLR) (18 October 2023) (Judgment)
✦ The court found that the learned magistrate erred in law and fact in finding the respondent’s dismissal unlawful and in relying on the criminal court’s decision.
-
Njenga (Suing as legal representative of the Estate of Njenga Thuku Kuibitah) v G Issaias & Company (Kenya) Limited (Cause 882 of 2017) [2023] KEELRC 2511 (KLR) (18 October 2023) (Judgment)
✦ The court found that the termination of employment was unfair as there was no substantial justification and no fair procedure was followed.
-
Kiarie v Bidco Oil Refineries Limited (Cause 145 of 2016) [2023] KEELRC 2514 (KLR) (18 October 2023) (Judgment)
✦ The Claimant is awarded 10 months' salary in compensation, 1 month's salary in lieu of notice, and leave pay for 29 days.
-
Paul v West Kenya Sugar Co. Ltd (Employment and Labour Relations Appeal 8 of 2023) [2023] KEELRC 2532 (KLR) (18 October 2023) (Judgment)
✦ The court found that the appellant's claim was not time barred and that he was an employee of the respondent.
-
Walemba v Teachers Service Commission (Cause 8 of 2023) [2023] KEELRC 2533 (KLR) (18 October 2023) (Judgment)
✦ The Court found the termination of employment unlawful and unfair.
-
Maweu v Security Seven Limited (Cause 330 of 2018) [2023] KEELRC 2504 (KLR) (18 October 2023) (Judgment)
✦ The Claimant's claim for unlawful termination of employment is dismissed. The Respondent's counterclaim for desertion is also dismissed.
-
Kenya Union of Domestic Workers, Hotels, Educational Institutions And Hospital Workers Union(KUDHEIHA) v BOM Lirhanda Girls High School (Employment and Labour Relations Cause 16 of 2023) [2023] KEELRC 2519 (KLR) (18 October 2023) (Judgment)
✦ The Court found that the termination of employment of the Grievants was lawful and fair, and the Grievants are entitled to the reliefs sought.
-
Masakha v Eveready Security Guards Co Limited (Cause 842 of 2016) [2023] KEELRC 2515 (KLR) (18 October 2023) (Judgment)
✦ The Claimant's claims for damages for wrongful dismissal and notice pay are dismissed.
-
JRS Group Ltd v Bwana (Appeal E044 of 2022) [2023] KEELRC 2489 (KLR) (18 October 2023) (Judgment)
✦ The Court dismissed the appeal without merit.
-
Mutashi v Enterprises (Cause 2110 of 2016) [2023] KEELRC 2471 (KLR) (17 October 2023) (Judgment)
✦ The court found that the Claimant did not establish an employment relationship with the Respondent and thus dismissed the claim.
-
Mwangi v Industrial and Commercial Development Corporation (Employment and Labour Relations Cause 2098 of 2016) [2023] KEELRC 2738 (KLR) (17 October 2023) (Judgment)
✦ The termination was procedurally and substantively unfair.
-
Board of Management Ngata Secondary School v Onyango (Miscellaneous Civil Application E24A of 2023) [2023] KEELRC 2467 (KLR) (17 October 2023) (Ruling)
✦ The court allowed the application with conditions, granting a stay of execution pending appeal.
-
Agoro v Mwangi & 4 others (Petition E211 of 2022) [2023] KEELRC 2487 (KLR) (17 October 2023) (Judgment)
✦ The court found that the 1st respondent violated ethics and integrity laws and is not fit to hold public office.
-
Kainika v Sanlam Life Insurance Limited (Cause 82 of 2020) [2023] KEELRC 2463 (KLR) (17 October 2023) (Judgment)
✦ The Court finds that the termination was not unfair and dismisses the claimant's suit, each party to bear their own costs.