Kenyan case law

James Nthenge v Olive Gardens Limited [2015] KEELRC 1209 (KLR)

✦ The Court found that the Claimant was not employed for 3 years and that the termination was justified. The Claimant was not entitled to salary in lieu of notice and other relief.

Kenya Plantation & Agricultural Workers Union v Bamburi Cement Limited & another [2015] KEELRC 1302 (KLR)

✦ The application is rejected, and parties are ordered to resume their consultation from where they left off. The respondents are allowed to offer voluntary early retirement to the concerned employees.

Kenya Petroleum Oil Workers Union v Sarman Energy Ltd & Engen [K] Ltd [2015] KEELRC 1275 (KLR)

✦ Judgment is entered for the claimant against the 2nd respondent for the aggregate sum of ksh.1,027,117 to be shared to the 13 grievants equally.

Kenya Union of Domestic, Hotels,Educational Institutions, Hospitals and Allied Workers v Association for the Physically Disabled of Kenya [2015] KEELRC 1303 (KLR)

✦ The Court finds the termination decision was within the law and the Collective Bargaining Agreement, but the Court reinstates the employees without loss of salaries, seniority, and benefits.

Michael Kimeu v Udhabiti Educational Trust, Kenya & 3 others [2015] KEELRC 1307 (KLR)

✦ The preliminary objection is dismissed. The dispute is an employment dispute involving an Employer and Employee, and falls within the jurisdiction of the Industrial Court.

Joshua Kisilu v Ashut Engineers Limited [2015] KEELRC 1260 (KLR)

✦ The termination was fair and the claimant was given a fair process

Peter Onyango Nyabongo v Citadelle Security Limited [2015] KEELRC 1299 (KLR)

✦ Dismissal was procedurally unfair and the Claimant is entitled to various remedies

Edward Mugo & 4 others v Baragwi Farmers Co-operative Society Limited [2015] KEELRC 1289 (KLR)

Samuel Otiende Lukoko v Shiners Girls High School [2015] KEELRC 1287 (KLR)

✦ The Court overrules the preliminary objection and orders that the Cause proceed to hearing on the merits.

Josphat Munke Mpoe v David Waiganjo Koinange [2015] KEELRC 1291 (KLR)

✦ The Court allowed the motion for leave to come on record ex post facto and did not set aside the judgment or stay execution.

Justus Katana Charo v Ready Consultancy Company Limited [2015] KEELRC 1306 (KLR)

✦ The Court orders the Respondent to pay the Claimant annual leave pay of Kshs. 49,455 and service pay of Kshs. 35,325 within 30 days of the delivery of this Award.

Pamela K. Butalanyi v University Council for the Kenya Polytechnic University College [2015] KEELRC 1286 (KLR)

✦ The Summary Dismissal of the Claimant was unfair, and the Respondent shall reinstate the Claimant to her previous position with effect from 1st June 2015, without loss of salaries, benefits, and privileges. The back pay is to be calculated from the 1st August 2009. In the alternative, the Respondent shall pay the Claimant 1 month salary in lieu of notice at Kshs. 54,592 and 12 months' salary in compensation at Kshs. 655,104.

Banking Insurance & Finance Union (Kenya) v Baragwi Farmers Co-operative Society Limited [2015] KEELRC 1292 (KLR)

✦ The effective date of the agreed payments is set for January 1, 2015, with arrears to be paid by May 1, 2015, and default interest to be payable at court rates.

Transport and Allied Workers Union v Comarco Properties [EPZ] Limited [2015] KEELRC 1305 (KLR)

✦ The Grievant's contract was voluntarily terminated, and he is entitled to service pay and commission as per the retirement agreement.

Benson Mati Njiru v Kenya Young Men’s Christian Association [2015] KEELRC 1294 (KLR)

✦ The Court confirms the orders given on 26 February 2015, directing the Respondent to allow the applicant to collect his personal effects and an inventory to be taken. The Court dismisses the applicant's request for access to the office for one month to collect debts.

Said Ali Nyoka v Factory Guards [Mombasa] Limited [2015] KEELRC 1288 (KLR)

✦ Claimant's claims for unpaid leave pay, house rent allowance, and overtime pay are dismissed. Claimant is awarded 96 days of annual leave pay at Kshs. 53,988.90.

Morowa Fumo v Bamburi Cement Limited [2015] KEELRC 1300 (KLR)

✦ Claimant shall receive Kshs. 6,183,980 in terminal benefits, with the clearance certificate to be edited to exclude discharge component.

Kenya Hotels and Allied Workers Union v Sheshe Beach Resort T/A Tabora Enterprises Limited & 2 others [2015] KEELRC 1304 (KLR)

✦ The Court ordered the on-going verbal redundancy to be stopped and the handover of the hotel to be halted pending the hearing and determination of the claim.

Lawrence Njoroge v Kenya Union of Post Primary Education Teachers Nairobi Branch & 6 others [2015] KEELRC 1269 (KLR)

✦ The Court dismisses the application for interlocutory injunction and orders the applicant to exhaust internal dispute resolution mechanisms provided for in the respondents' constitution.

Silas O. Masawa v Anne Mikoyo & 7 others [2015] KEELRC 964 (KLR)

✦ The court finds no employment relationship and thus no jurisdiction to hear the petition.

David Ochola Ogutu & 2 others v Central Electrical International [2015] KEELRC 1270 (KLR)

✦ The dismissal was unfair and the claimant is entitled to one month's pay in lieu of notice and unpaid wages for one week.

Kenya Union of Domestic, Hotels, Educational Institutions and Hospital v B.O.M Chilchila Secondary School [2015] KEELRC 1561 (KLR)

✦ The redundancy was not lawful and the termination was wrongful, unfair and unlawful.

David Mutinda Ikothya v Mathara Holdings Limited [2015] KEELRC 1263 (KLR)

✦ The claimant was still on probation when he allegedly resigned or was dismissed. The Court orders that the claimant be paid his salary for the month of October, 2010.

Republic v Egerton University & Patel Maulik Prasun (Judicial Review Miscellaneous Application 1 of 2014) [2015] KEELRC 1258 (KLR) (19 March 2015) (Ruling)

Joram Sire Malit & 199 others v Municipal Council Of Kisumu & another [2015] KEELRC 951 (KLR)

✦ The claim is not time barred, the respondents' capacities are not affected by the establishment of the County Government, and the suit can proceed without amendment of pleadings due to the death of 24 individuals.