Kenyan case law
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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.
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Republic v Country Government of Turkana & another; Koech (Exparte Applicant); Public Service Commission (Interested Party) (Judicial Review 4A of 2023) [2023] KEELRC 2469 (KLR) (17 October 2023) (Ruling)
✦ The court allows the ex parte applicant to file a judicial review application to consider the issues in their finality.
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Esakwa & 14 others v Mwenda (Sued in his Capacity as the President of Football Kenya Federation) (Cause 1370 of 2016) [2023] KEELRC 2461 (KLR) (17 October 2023) (Judgment)
✦ Judgment is entered for the 1st to 14th claimants and against the respondent for payment of salary arrears and costs.
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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.
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Musyimi v Kenya Christian Industrial Training Institute (Cause 1919 of 2016) [2023] KEELRC 2466 (KLR) (16 October 2023) (Judgment)
✦ The court found the termination of employment to be unfair.
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Kivevenze v Principal Secretary Ministry of Defence & 2 others (Cause 1921 of 2017) [2023] KEELRC 2470 (KLR) (16 October 2023) (Judgment)
✦ The court has jurisdiction over the matter as the Employment Act does not apply to the Kenya Defence Forces. The termination of the claimant's employment was unfair.
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Biiy v Panyako & 2 others; Laptrust & another (Interested Parties) (Employment and Labour Relations Cause 12 of 2017) [2023] KEELRC 2494 (KLR) (13 October 2023) (Ruling)
✦ The court holds that the claimant's proposed amendments cannot be made as the issue was fully litigated in Kericho ELRC Cause No 13 of 2020 and the claimant was awarded arrears of his allowance at Kshs 2,040,000/-.
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Kenya County Government Workers Union v Nairobi City Water & Sewerage Co Ltd & 3 others; National Union of Water Sewerage Employees (Interested Party) (Employment and Labour Relations Cause E747 of 2021) [2023] KEELRC 2502 (KLR) (13 October 2023) (Ruling)
✦ The application of the interested party is dismissed in its entirety as NUWASE is not a legally recognised union.
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Wanjohi v Centum Investment Company PLC (Employment and Labour Relations Cause E696 of 2021) [2023] KEELRC 2465 (KLR) (13 October 2023) (Judgment)
✦ The termination was unfair and unlawful, and the Claimant is entitled to the reliefs sought.
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Miriti v Co-operative Bank Kenya Limited (Cause 1215 of 2018) [2023] KEELRC 2452 (KLR) (13 October 2023) (Judgment)
✦ The court declared that the termination was unfair and based on pregnancy discrimination. The Respondent was ordered to pay compensation and damages.
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Wanyama & 4 others v Lugari National Constituency Development Fund Committee & another (Cause E001 of 2023) [2023] KEELRC 3480 (KLR) (13 October 2023) (Ruling)
✦ The court holds that the Attorney General was not a necessary party in the claim and that limb of the objection fails. The court also dismisses the objection on the grounds that non-compliance with notice under section 13A of the Government Proceedings Act is not fatal to the claim.
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Adis v Style Industries Ltd & another (Employment and Labour Relations Petition E036 of 2022) [2023] KEELRC 2510 (KLR) (13 October 2023) (Ruling)
✦ The employment contracts between the petitioner and Strategic Industries Limited and that between the petitioner and the respondent are completely different and the latter did not claim a continuation of the petitioner's employment with Strategic Industries Limited.
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Muturi v National Police Service & 3 others (Miscellaneous Cause E033 of 2023) [2023] KEELRC 2480 (KLR) (13 October 2023) (Ruling)
✦ The assessment made by DOSH is adopted as a judgment of the court. Judgment is entered for the applicant for Kshs 1,369,440 in accordance with the DOSH assessment. Costs are awarded to the applicant.
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Kimeli v Governor, Nandi County & 2 others; Lagat & 7 others (Interested Parties) (Employment and Labour Relations Petition E026 of 2022) [2023] KEELRC 2578 (KLR) (13 October 2023) (Judgment)
✦ The court has jurisdiction to determine the petition and the re-appointment and reassignment of the 1st to 5th Respondent was done outside statutory and constitutional requirements.
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Kenya Council of Employment and Migration Agencies v Attorney General & 3 others (Employment and Labour Relations Cause 169 of 2019) [2023] KEELRC 2485 (KLR) (13 October 2023) (Ruling)
✦ Application dismissed for failure to reveal cause of action
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Nzioki v Tusker Mattresses Ltd (Employment and Labour Relations Cause 550 of 2017) [2023] KEELRC 2462 (KLR) (13 October 2023) (Judgment)
✦ Claimant's case was dismissed as he failed to prove his case and did not adduce evidence to support his claims.
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C. Dorman Ltd v Mukhwana (Employment and Labour Relations Cause E220 of 2021) [2023] KEELRC 2512 (KLR) (13 October 2023) (Judgment)
✦ The court finds that the respondent was unlawfully terminated and awarded one-month salary in lieu of notice, but finds errors in the award of leave pay for 25 years.
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Ojuok v Tourism Promotion Services (Kenya) Limited t/a Serena Hotels (Employment and Labour Relations Cause E342 of 2020) [2023] KEELRC 2441 (KLR) (12 October 2023) (Judgment)
✦ The Respondent had valid reason to terminate the Claimant's contract of service due to misconduct. The Claimant's conduct put his integrity into question.
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Ngei v Chief Officer, Public Service Management & Devolution; Migori County Public Service Board (Interested Party) (Judicial Review E024 of 2023) [2023] KEELRC 2447 (KLR) (12 October 2023) (Ruling)
✦ The Court finds that the Employment and Labour Relations Court does have jurisdiction to hear the motion.
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Kenya Union of Commercial Food and Allied Workers v Amar Hardware & Electrical Limited (Cause 12 of 2020) [2023] KEELRC 2579 (KLR) (12 October 2023) (Ruling)
✦ Application dismissed
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Kalasinga & 3 others v Moi University (Cause 30 of 2019) [2023] KEELRC 2581 (KLR) (12 October 2023) (Ruling)
✦ No temporary injunction will issue in favour of the Claimants
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Maina v Kenya Commercial Bank PLC & another (Constitutional Petition E003 of 2023) [2023] KEELRC 2442 (KLR) (12 October 2023) (Ruling)
✦ The application for review is declined for want of merit.
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Fondo v Shah; Commission of Administrative Action & 3 others (Interested Parties) (Petition E015 of 2023) [2023] KEELRC 2451 (KLR) (12 October 2023) (Ruling)
✦ The Petitioner's cause of action arose over fourteen years ago, and any action or proceedings brought after the lapse of the time provided for in the Employment Act is incompetent and can only be struck out.
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Kemboi v Majani Mingi Sisal Estate Limited (Cause E024 of 2021) [2023] KEELRC 2445 (KLR) (12 October 2023) (Ruling)
✦ The court grants the claimant leave to amend his memorandum of claim
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Okware v Nyanza Initiative for Girls Education & Empowerment (Cause E046 of 2022) [2023] KEELRC 2443 (KLR) (12 October 2023) (Judgment)
✦ The court found the claim incompetent and dismissed it.