Kenyan case law
-
Del Monte Kenya Limited v Tinega (Appeal E003 of 2021) [2022] KEELRC 4100 (KLR) (28 September 2022) (Judgment)
✦ The appeal is dismissed, and the Respondent is declared to have been wrongfully terminated. The Appellant is ordered to pay one month's salary in lieu of notice and twelve months' salary as compensation for unlawful termination.
-
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.
-
Kenya Union of Sugar Plantation and Allied Workers v Chemelil Sugar Company Ltd (Petition E015 of 2022) [2022] KEELRC 12784 (KLR) (28 September 2022) (Judgment)
✦ The court declares that the respondent has violated the petitioner’s named members’ right to a legitimate expectation that their suspensions will be lifted and that they will be reinstated to work.
-
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.
-
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.
-
Qanchora v County Government of Isiolo & another (Cause E013 of 2020) [2022] KEELRC 12748 (KLR) (28 September 2022) (Judgment)
✦ Claimant's claim is dismissed with costs, as the re-designation was within the powers of the employer and did not affect the claimant's salary, allowances, or emoluments.
-
Kenya Engineering Workers Union v Farm Engineering Industries Ltd (Cause 47 of 2019) [2022] KEELRC 4005 (KLR) (28 September 2022) (Judgment)
✦ The Court finds that the dismissal of Mr. Evans Nyakundi was unfair and awards compensation and pay in lieu of notice.
-
Zewde v Sauti Moja Marsabit & another (Cause E003 of 2020) [2022] KEELRC 4101 (KLR) (28 September 2022) (Judgment)
✦ The claimant was not wrongfully terminated and is not entitled to the reliefs sought.
-
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.
-
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.
-
Mugai v County Public Service Board of Marsabit & 2 others (Employment and Labour Relations Claim E007 of 2021) [2022] KEELRC 4099 (KLR) (28 September 2022) (Judgment)
✦ The court dismissed the claimant's case as he failed to demonstrate a case of any lowering of his salary or disadvantage to his employment contract.
-
Republic v Public Service Commission & another; Kirinyaga County Government (Exparte Applicant) (Judicial Review E001 of 2022) [2022] KEELRC 4061 (KLR) (28 September 2022) (Ruling)
✦ The court grants the application for leave to apply for an order of certiorari to quash the PSC's decision to decline to vary its earlier decision and for an order for prohibition to prevent the PSC from enforcing the decision.
-
Ndunda v Dimamu Agencies Ltd (Cause 685 of 2016) [2022] KEELRC 12688 (KLR) (28 September 2022) (Judgment)
✦ The court found that the termination of the Claimant's employment was unfair due to procedural lack of fairness.
-
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.
-
Shollei v Keroche Breweries Limited (Employment and Labour Relations Claim 35 of 2019) [2022] KEELRC 4869 (KLR) (27 September 2022) (Judgment)
✦ The termination was found to be unfair and unjustified, and the claimant is awarded 6 months notice pay, October 2018 salary, 10 months compensation for unfair and unlawful termination, gratuity pay, and leave pay.
-
Orero v Prime Steel Mills Ltd (Cause 1190 of 2015) [2022] KEELRC 3987 (KLR) (27 September 2022) (Judgment)
✦ The court finds that the claimant was employed on February 5, 2010, and the respondent failed to prove he was a casual employee. The claimant's employment was terminated on May 5, 2015.
-
Odhiambo v Kapi Limited (Cause 212 of 2016) [2022] KEELRC 4008 (KLR) (27 September 2022) (Judgment)
✦ The court finds the termination unfair and unjust, and awards compensation and other benefits.
-
Macharia v 680 Operations Limited (Petition 231 of 2019) [2022] KEELRC 4122 (KLR) (27 September 2022) (Judgment)
✦ The Court finds the termination valid both procedurally and substantively.
-
Workers Union & another v Sarova Hotels Limited (Cause E017 of 2020) [2022] KEELRC 4167 (KLR) (27 September 2022) (Ruling)
✦ The application has merit and is allowed. The grievant is made party to the claim and the name of the union is removed from the pleadings. The rm of Akolo Wanyanga & Company advocates is allowed to come on record for the grievant.
-
Crispus v R.T (East Africa) Limited (Cause E1071 of 2021) [2022] KEELRC 3985 (KLR) (27 September 2022) (Ruling)
✦ The respondent's preliminary objection is dismissed.
-
Juma & 5 others v Mada Holdings Ltd t/a Baobab Sea Lodge Kilifi (Cause 2 of 2020) [2022] KEELRC 4159 (KLR) (27 September 2022) (Judgment)
✦ The 4th Claimant was engaged as a casual employee, but his contract was unlawfully terminated. The Claimant is entitled to the protection and benefits under the Employment Act.
-
AVC Management Company Ltd t/a Mnarani Club v Washe (Employment and Labour Relations Appeal 03 of 2022) [2022] KEELRC 4153 (KLR) (27 September 2022) (Judgment)
✦ The court found that the appellant did not prove the validity of the ground for terminating the respondent.
-
Mumia v Board of Management, Murunyu High School (Cause 7 of 2016) [2022] KEELRC 4870 (KLR) (27 September 2022) (Judgment)
✦ The court finds the claimant was underpaid and orders the respondent to pay Kshs 264,513.15 for underpayment of salary.
-
Kenya Pipeline Company Limited v Mwangemi (Appeal E159 of 2021) [2022] KEELRC 12740 (KLR) (27 September 2022) (Judgment)
✦ The court dismissed the appeal and upheld the default judgment.
-
Macharia v Nairobi Golf Hotels (Kenya) Limited (aka Windsor Golf Hotel and Country Club) (Cause E722 of 2021) [2022] KEELRC 12810 (KLR) (27 September 2022) (Ruling)
✦ Claimant is entitled to an account of deductions and remittances for NSSF and pension, and the respondent is directed to account for all deductions made from her salary.