Kenyan case law

Thomas Mbulo v Cedars Restaurant Company Limited [2014] KEELRC 947 (KLR)

✦ The Court finds that the Claimant was summarily dismissed for stealing customer's properties and had been given several warnings prior to the dismissal.

Fredrick Magera v National Water Conservation & Pipeline Corporation [2014] KEELRC 241 (KLR)

✦ The Court reinstates the Claimant to his former position with full benefits and orders payment of arrears and interest.

Tailors & Textiles Workers Union v Millbrook Garments Ltd [2014] KEELRC 890 (KLR)

✦ The dismissal was unfair and wrongful.

Shadrack Ndunda v Orith Systems Ltd [2014] KEELRC 513 (KLR)

Kenya Union Of Hair And Beauty Salon Workers v Style Industries Ltd [2014] KEELRC 539 (KLR)

Hawkins Wagunza Musonye v Rift Valley Railways Kenya Limited [2014] KEELRC 114 (KLR)

✦ The claim is not time-barred, and the applicant is granted extension of time to bring the claim.

Telcom Kenya Limited v Joyce Chesang Kitur [2014] KEELRC 141 (KLR)

✦ The court dismisses the Preliminary Objection on merit and awards leave to the Claimant to file an application for leave to file the cause out of time.

Timothy Wanderi v Bata Shoe Company (Kenya) Limited & another [2014] KEELRC 1166 (KLR)

✦ Claimant fails to articulate his case as regards the provisions of section 45(2), there was no termination of employment rather this was a case of desertion of work.

Godfrey Njune East African Courier Ltd [2014] KEELRC 135 (KLR)

Gerald Okumu Aoko v Kenya Marne Fisheries Research Institute & another [2014] KEELRC 268 (KLR)

Thomas Joseph O. Onyango v State & another [2014] KEELRC 1057 (KLR)

✦ The court finds that part of the claimant's claims are time barred under the Public Authorities Limitation Act and Limitation of Actions Act.

Ezekiel Mulekani Keya v Teregela Security Services Limited & another [2014] KEELRC 1485 (KLR)

✦ The Claimant was not unfairly terminated and is not entitled to compensation. The claim is dismissed.

Evans Kaiga Inyangala & 2 others v County Government of Vihiga & 2 others [2014] KEELRC 1226 (KLR)

✦ The court declines to order reinstatement as it is impracticable at this stage and finds it unsafe to do so at an interlocutory stage.

Thomas Nyongesa Mabonga & another v Eldoret Water and Sanitation Company Limited [2014] KEELRC 896 (KLR)

✦ The claimants' retirement notice and subsequent retirement decision did not breach the collective agreement on mandatory retirement age of 60 years.

Joseph Odero Ochola v Kenya Railways Corporation [2014] KEELRC 544 (KLR)

Thomas Njoroge Waiguru v Kanyenyaini Tea Factory Limited [2014] KEELRC 862 (KLR)

✦ The claimant's services were terminated by issuing one month's notice in lieu of pay, and the claimant was awarded one month's salary in lieu of notice and three months' salary as compensation for unfair termination.

Tom Ochieng Odhiambo v Kenya Literature Bureau [2014] KEELRC 66 (KLR)

✦ Claimant was grossly negligent and terminated employment was justified. Respondent's counterclaim and set-off are upheld.

Tsuma Kulkembar Mzungu v Rakesh Solanki t/a Sai Chatra (Formally Known as Class “A” Laundry) [2014] KEELRC 504 (KLR)

Timothy Asudi Malwa v E-Gap Solutions Limited & another [2014] KEELRC 847 (KLR)

✦ The Court finds no legal basis for joiner of the intended third party and the Respondent's application is therefore disallowed with no order for costs.

Evans Kaiga Inyangala & 2 others v County Government of Vihiga & 2 Others [2014] KEELRC 1206 (KLR)

✦ The court dismisses the preliminary objections and directs the respondents to amend their pleadings to reflect the name of the advocate handling the case.

Titus Wamalwa Khaemba v Transport Workers Union (Kenya) [2014] KEELRC 909 (KLR)

✦ Claimant's application for payment of unpaid salaries and statutory deductions is granted, and the respondent is ordered to remit the dues to the NSSF and NHIF.

Tobias O. Kalae v Burhani Express Logistics Limited [2014] KEELRC 1087 (KLR)

✦ The termination was unfair and the Court awards service pay, notice pay, and compensation.

Eva Muthoni Maina v Rift Valley Glaziers Limited [2014] KEELRC 563 (KLR)

✦ The court finds the termination unfair and orders the respondent to pay the claimant Kshs.229,830.80 for unfair termination, one month pay in lieu of termination notice, and costs of the suit.

Esther Wambui Karango v Palbina Travel & Tours Limited [2014] KEELRC 198 (KLR)

✦ The summary dismissal of the Claimant was unlawful and unfair, and she is entitled to compensation and terminal benefits.

Evans Ochieng Nudih v Equity Bank Limited [2014] KEELRC 236 (KLR)

✦ Termination was unfair on account of procedure, and the Claimant is granted 3 months gross salary and 1 month basic salary in lieu of notice.