Kenyan case law

Job K Muriuki v Mada Hotels Limited [2015] KEELRC 1007 (KLR)

✦ The court exercised its discretion to set aside the ex parte judgment dismissing the suit for non-attendance, but did not reinstate the suit or grant a date for hearing.

Beatrice Mola v Kenyatta University & 3 others [2015] KEELRC 1000 (KLR)

✦ The termination was unfair and unlawful, and the Claimant is entitled to half salary withheld during suspension, 48 days leave not taken, 3 months salary in lieu of notice, arrears of basic pay and house allowance, and 12 months salary as compensation.

Albert Kinoti & 10 others v Haggai Multi Cargo Handling Services Limited [2015] KEELRC 1188 (KLR)

✦ The court finds that the Claimants were terminated and that the assertion of 'transfers' has no basis. The termination was not lawful as no hearing was accorded to the Claimants.

Kitheka Lenzi v M.R. Shah Construction Company Limited [2015] KEELRC 1186 (KLR)

✦ The court finds that the Claimant’s services were terminated without due process and without following the procedures set by Section 41 of the Employment Act 2007.

Edwin Mandela Shuja v Yako Supermarket Ltd [2015] KEELRC 1243 (KLR)

Richard Kiplimo Koech v Yako Supermarket Ltd [2015] KEELRC 1247 (KLR)

✦ The Court grants leave to file an appeal and enlarges the time for filing the Notice of Appeal to 15 April 2015. The prayer for stay of execution pending appeal is dismissed.

John Otieno Odongo v Gohar Glass Mart [2015] KEELRC 965 (KLR)

✦ The application is granted.

John Kimutai Yego v Pyrethrum Board Of Kenya [2015] KEELRC 1254 (KLR)

✦ The Court finds the claim statute barred and strikes out the Statement of Claim.

Jane Achieng & another v University of Nairobi [2015] KEELRC 1251 (KLR)

✦ The Court found that the recruitment process was discriminatory and ordered the Respondent to re-advertise the positions and allow the Claimants to apply for the vacant positions.

Samwel Nyarangi Tombe v Ken Knit Kenya Limited [2015 [2015] KEELRC 1249 (KLR)

✦ Dismissal was procedurally unfair

Kenya Union of Commercial, Food and Allied Workers v Isiolo Teachers Sacco [2015] KEELRC 1256 (KLR)

✦ The court finds the termination unfair due to lack of a disciplinary hearing and compensates the grievant with 12 months' salary and other benefits.

Board of Management, Kagumo Teachers Training College v Kenya Union of Domestic, Hotels, Education Institutions & Hospital Workers (KUDHEIHA Workers) [2015] KEELRC 1257 (KLR)

✦ The application for review is dismissed with costs.

Kenya Union of Commercial, Food and Allied Workers v National Hospital Insurance Fund [2015] KEELRC 1242 (KLR)

✦ The termination was unfair and the grievant is entitled to reinstatement with full pay and benefits.

Raphael Kituku v Alpha Knits Limited [2015] KEELRC 1244 (KLR)

✦ The court finds for the Claimant and awards him 1 month salary in lieu of notice, 12 months salary as compensation for unlawful termination, and service pay equivalent to 15 days salary for each year worked.

David Gachau Nganga & 85 Others v CMC Holdings Limited [2015] KEELRC 1252 (KLR)

✦ The application is allowed, and the intended amendment is allowed as per the draft amended statement of claim.

David Tella & another v Giloil Company Limited [2015] KEELRC 1246 (KLR)

✦ The application is dismissed as it lacks merit and is an abuse of the court process.

Alexander Oichoe Akara v Afrolique Kenya Limited [2015] KEELRC 1197 (KLR)

✦ Claimant's termination was unlawful and unfair

Mahasin Elbashir Abdalla v Libya Oil Kenya Limited [2015] KEELRC 1245 (KLR)

✦ The court found that the Claimant's services were not unfairly terminated and that the contract expired by affl.

Benard Mukolwe & 123 v Karuturi Limited (In Receivership) & 4 others [2015] KEELRC 1214 (KLR)

✦ The motion is therefore dismissed with an order that costs be in the cause

Rift Valley Water Services Board & another v Julius Lamaon & 3 others [2015] KEELRC 1241 (KLR)

✦ The motion is dismissed as the applicant has not shown that prayer 3 of the motion is merited.

Kenya Construction Consortium Limited v Nairobi City County (Environment and Land Case Civil Suit 914 of 2014) [2015] KEELRC 1571 (KLR) (24 March 2015) (Judgment)

Rachael Akoth Onyango v Rentokil (K) Limited [2015] KEELRC 1192 (KLR)

✦ The Court finds that the Claimant was not dismissed but absconded from work.

Geoffrey Mbolu Mwololo v North Wood Security Firm & 2 others [2015] KEELRC 1297 (KLR)

✦ Judgment was made in favor of the Claimant on June 27, 2014. The Respondent's and Objectors' applications and objections were rejected. The Claimant is at liberty to execute and is awarded costs.

Kenya Union of Commercial Food & Allied Workers Union v Tusker Mattresses Limited [2015] KEELRC 1217 (KLR)

✦ The Court finds the application ex facie incurably defective and denies the application.

Lucia Muthoni Meria v Academic Services [Ltd] [2015] KEELRC 1280 (KLR)

✦ The dismissal was found to be wrongful and unfair, and judgment was entered in favor of the claimant for ksh.1,083,000 plus costs and interest.