Kenyan case law

Behold Shako v Shifa Chem Limited [2014] KEELRC 79 (KLR)

Coastal Bottlers Ltd v George Karanja [2014] KEELRC 617 (KLR)

Cornelius Khavokoi Siahi v Christian Foundation Fellowship Church [2014] KEELRC 164 (KLR)

George Onyango Ochieng v Chemelil Sugar Company Ltd [2014] KEELRC 854 (KLR)

✦ The application is dismissed

Stephen Njoroge Kigochi v Martin Njoroge Wanyoike & Another [2014] KEELRC 357 (KLR)

✦ The Court finds the termination unfair and unlawful, and orders the Respondents to pay the Claimant Kshs. 300,000 as compensation for unfair termination.

George Ochieng Nyang'inja v Vyatu Company Limited [2014] KEELRC 963 (KLR)

✦ The claimant is not entitled to payment of terminal dues and leave allowance as his NSSF dues were remitted by the employer.

Darius Z Mnyika v Coast Mail Co Ltd [2014] KEELRC 618 (KLR)

David Kipkosgei Muttai v Green Palms Academy [2014] KEELRC 86 (KLR)

Kenya union of Domestic, Hotels, Educational Institutions & Hospital Workers Union v Agoro Sare High School [2014] KEELRC 1501 (KLR)

✦ The court finds that the termination was not in compliance with the Employment Act 2007 and orders the respondent to restrain from declaring the claimants redundant and from victimizing them.

Evans Nyakeriga & 4 others v Primarosa Flowers Limited [2014] KEELRC 1180 (KLR)

✦ The court finds that the termination of the claimants' employment was unfair and orders the respondent to pay each claimant the sum as set out in the judgment by 1.09.2014, with interest from the date of the judgment till the date of full payment.

Gerald Shiamala v Trust For African Rock Art [2014] KEELRC 1306 (KLR)

✦ The dismissal was found to be unfair due to lack of proof of valid reason for termination and lack of fair procedure. The Claimant is entitled to 1 month's salary in lieu of notice and maximum compensation of 12 months salary.

George Mutuku Katika v Dracko Haulage Co Ltd [2014] KEELRC 1072 (KLR)

✦ termination was unfair

Everlyne Mamai v One Acre Fund [2014] KEELRC 1375 (KLR)

✦ The claimant's dismissal was not lawful and fair due to lack of due process.

Fredrick Odongo Owegi v Cfc Life Assurance Limited [2014] KEELRC 913 (KLR)

✦ The termination was unfair and the claimant is entitled to compensation for wages due at the time of termination.

Francis Muthini Mue v Rakesh Anand T/A Raunaq Restaurant (A.K.A Jeatz Restaurant [2014] KEELRC 776 (KLR)

✦ The Claimant's claim was well within time, and the Respondent's Preliminary Objection is dismissed with costs to the Claimant.

Samuel Karanja Ndung’u v Thika Coffee Mills Limited [2014] KEELRC 452 (KLR)

✦ The Court finds termination unfair and orders compensation of 10 months' salary, 18 days' salary, 27 days of annual leave, leave traveling allowance, and 1 month salary in lieu of notice.

Fredrick Muli Mativo v City Council of Nairobi [2014] KEELRC 161 (KLR)

Gervasio Muriira & 8 others v Mutethia Farmers Co-Operative Society Limited [2014] KEELRC 1492 (KLR)

✦ The court finds that none of the claimants were casual workers and that salary advances were inconsistent with the respondent's admission of unpaid salaries.

Gabriel Kariuki Chomba v Top Image Limited [2014] KEELRC 933 (KLR)

✦ Claimant is awarded Kshs. 330,000 for the remaining 10 months of the contract term, costs, and interest at Court rates.

Jacinta Kibet v West Pokot County [2014] KEELRC 1508 (KLR)

✦ The Employment Act, 2007 does not apply to the Claimant's case as it did not come into effect until after the Claimant's retirement.

George Ouma Atieno v Kitui Floor Mills Ltd & another [2014] KEELRC 197 (KLR)

Susan Nyanchama Ombati v Standard Chartered Bank Ltd [2014] KEELRC 664 (KLR)

✦ The Court finds that the time between the date the High Court Suit was filed and withdrawn by the Applicant shall, for the purpose of the intended Claim at the Industrial Court, be deemed to have stopped running.

Fred Masambaka v Babs Security Services [2014] KEELRC 1181 (KLR)

✦ The Court finds that the Claimant was on continuous employment from 2nd February 2002 until 27th October 2010. The Claimant is awarded Kshs. 33,600 for leave pay for eight years.

James Mugera Igati v Public Service Commission of Kenya [2014] KEELRC 735 (KLR)

✦ The Court found that the termination of the Claimant's employment was unfair and unlawful.

Philip Korir v Ministry Of Labour And Social Security [2014] KEELRC 1012 (KLR)

✦ The claimant is entitled to file the suit to claim his final dues following his retrenchment and retirement from government services