Kenyan case law

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.

Judith Mbayah Tsisiga v Teachers Service Commission [2017] KEELRC 1348 (KLR)

✦ The court finds no merit in the claimant's allegations regarding the lack of a fair hearing and the general nature of the charges. The interdiction is part of a disciplinary process and not a punishment.

John Rioba Maugo v Riley Falcon Security Services Limited [2017] KEELRC 1371 (KLR)

✦ The award of underpayments for the 3-year period before dismissal is reviewed and increased to reflect the full 3 years. Overtime and rest days remain unchanged.

Benson Keuya Mauti v Eldoret Mattress Limited & another [2017] KEELRC 1416 (KLR)

✦ Redundancy was procedurally unlawful due to lack of notice as required by the Employment Act.

Alice M'mboga Ogolla v Nyayo Tea Zones Development Authority [2017] KEELRC 1411 (KLR)

✦ This court has exclusive jurisdiction to hear the dispute as the employment relationship is contested. The court finds no evidence of an employment relationship between the parties.

Benson Muhia Kamau & 2 others v Safepark Ltd [2017] KEELRC 451 (KLR)

✦ The dismissal was unfair and malicious, and the Claimants are entitled to damages for wrongful termination of employment.

Joseph K Nganga v Nakumatt Holdings Limited [2017] KEELRC 1339 (KLR)

✦ The termination of the Claimant's employment was deemed unfair due to the lack of proper notification and hearing as required by the Employment Act.

Mukawa (Hotels) Holdings Limited t/a Nairobi Safari Club v Industrial Court of Kenya & 2 others [2017] KEELRC 827 (KLR)

✦ The Industrial Court did not act in excess of jurisdiction and the applicant's constitutional rights were not violated.

Nancy Samba Matunda & James Chiro Tunje v Lightex Limited [2017] KEELRC 1377 (KLR)

✦ The contracts were valid and binding, and the court cannot declare the termination wrongful or unfair.

Emmanuel Musembi Nthambi v Tamar Wire Products Ltd [2017] KEELRC 1380 (KLR)

✦ The termination of the original contract was not unfair but done through mutual agreement and preceded by one month notice, thus the claim for salary in lieu of notice and compensation for unfair termination is dismissed.

Mary Nekesa Wanyonyi v Navin Shah [2017] KEELRC 791 (KLR)

✦ The court awards the claimant salary arrears, severance pay, compensation for unlawful dismissal, and equivalent of five months' salary as compensation for unlawful termination of employment.

Charles Thuo Muguku v K-Unity Saving and Credit Co-operative Society Limited [2017] KEELRC 801 (KLR)

Kennedy Onyango Okumu & 2 others v Mombasa Port Cooperative Savings and Credit Society Limited [2017] KEELRC 1376 (KLR)

✦ The termination of the claimants' contract of service was fair as they admitted the offences charged and were found guilty after a fair hearing.

David Mwangi Mburu v Hotel Intercontinental Nairobi Ltd [2017] KEELRC 1457 (KLR)

✦ The issue is res judicata and the Preliminary Objection is overruled with costs to the Claimant

Credit Reference Bureau Holdings Limited v Steven Kunyiha [2017] KEELRC 1418 (KLR)

✦ The application is found without merit and the order of interlocutory injunction is declined.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Egerton University [2017] KEELRC 1163 (KLR)

✦ The Court held that the correct formula for computing commuted leave pay is the basic salary, not the consolidated salary.

Jotham Kanjah Mwai & another v Musiara Ltd (Governor’s Camp) [2017] KEELRC 805 (KLR)

✦ The Court held that the claimants were not unionsable employees and therefore not entitled to the payment in lieu of notice and gratuity.

County Secretary of Uasin Gishu & others v Salaries & Remuneration Commission & another [2017] KEELRC 1403 (KLR)

✦ The preliminary objection is overruled and the Council of Governors shall remain in the proceedings.

Amimu Abdalla Omari v Texas Alarms [2017] KEELRC 1379 (KLR)

✦ The claimant was not unfairly terminated and is not entitled to the reliefs sought.

Beatrice Kinanu Karuti v Technical University of Kenya [2017] KEELRC 1387 (KLR)

✦ The court orders a stay of the interdiction of the claimant pending the hearing and determination of the application.

Olipha Nyachma Kenyanya v Sana Industries Company Limited [2017] KEELRC 1226 (KLR)

✦ The claimant's suit is dismissed except for an award in respect of payment in lieu of annual leave for one year in the sum of Kshs.10,000/=

S R M v G S S (K) Limited & Dominic Ooko (Cause 220 of 2014) [2017] KEELRC 1385 (KLR) (Employment and Labour) (28 April 2017) (Judgment)

✦ The court finds that the defendant condoned the sexual harassment and is vicariously liable. The court orders the defendant to pay the claimant Kshs 5,928,000 in damages.

Nzyoki Ndeto Yumbwa v Farm Parts Limited [2017] KEELRC 1161 (KLR)

✦ The Court dismisses the Respondent's application for a stay of execution, finding the delay to be inordinate.

Kenya National Union of Nurses v Cabinet Secretary, East Africa Community Labour and Social Protection & another [2017] KEELRC 1361 (KLR)

✦ The Applicant's application is dismissed with no order for costs

Peter Mwanzia Kasau v Kobo Safaris Limited (Cause 1317 of 2011) [2017] KEELRC 815 (KLR) (Employment and Labour) (28 April 2017) (Ruling)

✦ Application for stay of execution pending appeal is dismissed