Kenyan case law

Banking, Insurance & Finance Union (Kenya) v Capital Sacco Society Limited [2017] KEELRC 1433 (KLR)

✦ The court finds that the trade union, as the substantive party to the suit, is liable to meet the costs of the suit. The member who was desired to benefit from the judgment was not a party and could not be held liable to pay the costs.

Pauline Chokaa Muliro v Aga Khan Hospital [2017] KEELRC 1173 (KLR)

✦ The leave to amend the defendant's name is granted

Moses Muriithi Njue & 2 others v China Overseas Engineering Group Company Limited (Covec) [2017] KEELRC 1451 (KLR)

✦ Application dismissed, costs awarded to claimants

Danson Mwangi Kirobi v British Army Training Unit In Kenya [2017] KEELRC 1449 (KLR)

✦ The preliminary objection filed by the respondent is upheld, and the claimant's suit alleging unfair termination is dismissed.

Charles Gitau Mande v Embassy of the Kingdom of Belgium In Nairobi [2017] KEELRC 1415 (KLR)

✦ The Respondent’s application is declined with costs in the cause.

Phides Mbura Nyagah (Suing as the administrator of the estate of Faustin Nyagah Mukui-Deceased) v Embu University [2017] KEELRC 1440 (KLR)

✦ The court finds that the claimant is entitled to Kshs. 134, 167.00 and dismisses the counterclaim.

Kenya Engineering Workers Union v Switchcraft Limited [2017] KEELRC 1300 (KLR)

✦ The application is dismissed and the parties are directed to set down the suit for hearing on the merits.

James Kahuho Mumbura v Mobicom Kenya Limited [2017] KEELRC 1439 (KLR)

✦ Claimant awarded Kshs.227,808.50 in lieu of notice, annual leave, and costs; respondent to pay interest on award

Diana Irungu & 2 others v Nestle Kenya Limited [2017] KEELRC 1229 (KLR)

✦ The applications are misconceived and dismissed with costs.

Baragwi Farmers Cooperative Society Limited v Banking, Insurance & Finance Union (Kenya) [2017] KEELRC 1396 (KLR)

✦ The preliminary objection filed by the respondent is hereby dismissed, and the suit is allowed.

Joseph N Kariuki Josphat & 3 others v Murang’a Farmers Co-operative Union Limited [2017] KEELRC 1444 (KLR)

✦ Judgment is entered for the claimants against the respondent for payment of retirement benefits as claimed.

Dennis Mutuma v Gundua Foundation [2017] KEELRC 1413 (KLR)

✦ The termination was unfair for want of a valid reason. The claimant is awarded a declaration that the termination of the contract of employment was unfair for want of a genuine reason for termination.

Gitao & 3 others v Chief Registrar - Judicial Service Commission & 3 others (Cause 442 of 2013) [2017] KEELRC 1942 (KLR) (5 May 2017) (Judgment)

✦ The court held that the claimants had a legitimate expectation to serve as members of the Industrial Court for a period of three years and are entitled to the full pay for the unexpired term and gratuity.

Rakeri Wanjiru Wanjiku v Mjengo Limited [2017] KEELRC 1412 (KLR)

✦ The court finds that the claimant never resigned from employment and the termination was unfair. The claimant is awarded 12 months' gross salaries as compensation for unfair termination.

Tonny Moses Odera v Millie G. A. Odhiambo, Jacquiline Anam, Jeffrey Maganya, Wanjau Muriu & Andia Adeka (sued as the trustees of the Cradle – The Children Foundation) & another [2017] KEELRC 1306 (KLR)

Samuel Wambugu Gitonga v Nyeri County Government [2017] KEELRC 1450 (KLR)

✦ The court finds the claimant entitled to the maximum 12 months compensation for unfair termination and awards Kshs.214,440.00 as prayed for under section 49(1)(c) of the Employment Act.

Kennedy Mwendwa Kalali v Chemserve Cleaning Services Ltd [2017] KEELRC 1386 (KLR)

✦ The dismissal was procedurally unfair and the Respondent had a valid reason for terminating the Claimant's employment based on operating a competitor company.

Robert Kipkemboi Kirwa & another v Bidco Oil Refineries Limited [2017] KEELRC 1308 (KLR)

✦ The court finds the respondent liable to pay the terminal benefits and awards compensation to the claimants.

Margaret Wanjiru Ndegwa v Board of Trustees Nanyuki Cottage Hospital [2017] KEELRC 1427 (KLR)

✦ The court finds the termination unfair and unlawful, and orders the respondent to pay the claimant Kshs. 1, 121, 928.00 for unfair termination and costs.

Mwenga Mutii v Joshua Karunge (T/A Mwambao Café) [2017] KEELRC 1132 (KLR)

✦ The dismissal of the claimant was found to be unfair.

Moses Wanjima Mwangi v Vert Limited [2017] KEELRC 1422 (KLR)

✦ The Respondent’s application is dismissed with costs to the Claimant.

Alfred Odongo Amombo v Lake Victoria North Water Services Board & another [2017] KEELRC 1370 (KLR)

✦ The court found the suspension unlawful as there is no proof that the Claimant's terms of service provide for suspension. The termination was also found to be invalid due to the lack of compliance with the Employment Act's procedural requirements.

Kenya Engineering Workers Union v Jokali Handling Services Limited [2017] KEELRC 1356 (KLR)

✦ The court dismissed the application for interim orders, finding that the union had not met the threshold for recognition and that the redundancy notices were valid.

Pascal Ambeyi Amukoya v Krimir Craft [2017] KEELRC 1365 (KLR)

✦ The court held that the Claimant was not a casual employee and that his employment was not terminated unfairly.

Bilha Fwende Masinde v Sibumba Farmers Co-operation Society Ltd [2017] KEELRC 1389 (KLR)

✦ The last salary of the applicant as per Muster Roll Book for Sibumba Farmers Co-op Society for the period 2009 to 2014 was Kshs.20,733. The award in the judgment is consequently reviewed.