Kenyan case law
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Omondi v East African Portland Cement PLC (Employment and Labour Relations Cause 6577 of 2020) [2024] KEELRC 2303 (KLR) (26 September 2024) (Judgment)
✦ The Court will not consider the Respondent's Response as evidence and will not grant the reliefs sought.
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Maina v Kenya Commercial Bank PLC & another (Constitutional Petition E003 of 2023) [2024] KEELRC 2287 (KLR) (26 September 2024) (Ruling)
✦ The court held that an arbitration clause does not oust the jurisdiction of the court to entertain disputes arising from the contract. The court will allow the parties to resolve disputes through arbitration.
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Brurudika Holdings Limited & another v Onyango (Appeal E110 of 2023) [2024] KEELRC 2315 (KLR) (26 September 2024) (Judgment)
✦ The appeal is partially successful, and the judgment in the subordinate court is reviewed with compensation awarded
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Mwanyolo v SBM Bank Limited (Formerly Fidelity Commercial Bank Limited) & 2 others (Cause 132A of 2023) [2024] KEELRC 2321 (KLR) (26 September 2024) (Ruling)
✦ The suit will be reinstated on condition that the claimant meets the costs due to the 1st respondent
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Omenjo v Platinum Credit Ltd (Employment and Labour Relations Cause 2293 of 2016) [2024] KEELRC 2478 (KLR) (26 September 2024) (Judgment)
✦ The termination of employment was found to be unfair.
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Marwa v National Police Service Commission & 3 others (Constitutional Petition E195 of 2022) [2024] KEELRC 2292 (KLR) (26 September 2024) (Ruling)
✦ The Court found that the petition is not an ordinary employment claim but a constitutional petition.
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Mohammed v African Banking Corporation (Cause 43 of 2020) [2024] KEELRC 2299 (KLR) (26 September 2024) (Ruling)
✦ The court dismissed the Respondent's counter-claim as it was filed beyond the statutory limitation period. The suit is ordered to be prosecuted within seven months.
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King'ori v King’ori; Kenya Civil Aviation Authority (Respondent) (Cause E660 of 2020) [2024] KEELRC 2434 (KLR) (26 September 2024) (Ruling)
✦ The Court should set aside the ex parte proceedings held on 2nd November 2022, re-open the case, arrest the delivery of judgment and allow the Respondent to participate in the hearing.
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Omar v Sheikh Zayed Children Welfare (Miscellaneous Cause E047 of 2023) [2024] KEELRC 2334 (KLR) (26 September 2024) (Ruling)
✦ The Court dismisses the Applicant's Notice of Motion and orders that the Applicant's Notice of Motion dated 13th September 2023 must fail.
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Oliech v Komaza Forestry Limited (Under Administration) (Employment and Labour Relations Cause E001 of 2023) [2024] KEELRC 2302 (KLR) (26 September 2024) (Ruling)
✦ The application is dismissed with costs
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Mwakamba v Taita-Taveta County Public Service Board (Miscellaneous Cause E048 of 2023) [2024] KEELRC 2300 (KLR) (26 September 2024) (Ruling)
✦ The Public Service Commission’s decision is adopted as a judgment of the court for enforcement.
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Mistry V Naran Mulji & Co. v Gonzi (Appeal E030 of 2024) [2024] KEELRC 2313 (KLR) (26 September 2024) (Judgment)
✦ The court held that the claims for underpayments are not time-barred and that the respondent was a protected employee.
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Kariuki & 16 others v County Government of Kiambu & 2 others (Employment and Labour Relations Petition E168 of 2023) [2024] KEELRC 2380 (KLR) (26 September 2024) (Ruling)
✦ The court directs the respondents to demonstrate full payment of the petitioners' salary in accordance with the memo by the Kiambu County Public Service Board dated 8th February 2024, from the month of September 2023 to date.
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Mohamed & 2 others v Pothiwala t/a Sangoro Boat Services (Employment and Labour Relations Cause E019 of 2024) [2024] KEELRC 2338 (KLR) (26 September 2024) (Ruling)
✦ The presiding judge is recused from hearing the case
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Mbevi v Crystal Bay Resort (Cause E009 of 2022) [2024] KEELRC 2320 (KLR) (26 September 2024) (Judgment)
✦ The court found that the termination was unfair and ordered the payment of 3 months' notice pay.
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Owuor v Saab Kenya Limited (Employment and Labour Relations Cause 983 of 2018) [2024] KEELRC 2450 (KLR) (26 September 2024) (Judgment)
✦ The termination of the Claimant's employment was not procedurally fair.
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Agura v Twiga Chemicals Industries Limited (Appeal E056 of 2024) [2024] KEELRC 2314 (KLR) (26 September 2024) (Judgment)
✦ The appeal is dismissed. The judgment in Mombasa CM ELRC No.E556 of 2022 is hereby confirmed. The appellant is to meet the respondent’s costs for the appeal.
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Total Security Surveillance Limited v Karibu (Appeal E044 of 2023) [2024] KEELRC 2331 (KLR) (26 September 2024) (Judgment)
✦ The appeal is upheld, and the judgment is set aside. The respondent is awarded notice pay, compensation for one month, and unpaid July wage.
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Gontier v Acacia Medical Centre Limited (Employment and Labour Relations Cause E594 of 2022) [2024] KEELRC 2282 (KLR) (26 September 2024) (Ruling)
✦ The suit is not barred by limitation of actions
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Otwane v Trakana Mombasa Limited (Appeal E048 of 2023) [2024] KEELRC 2309 (KLR) (26 September 2024) (Judgment)
✦ The Appellant's employment was not terminated unlawfully and unfairly.
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Odhiambo v Biodeal Laboratories Limited (Employment and Labour Relations Cause E567 of 2021) [2024] KEELRC 2389 (KLR) (26 September 2024) (Ruling)
✦ Application is struck off with costs
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Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Limited (Cause E047 of 2023) [2024] KEELRC 2317 (KLR) (26 September 2024) (Ruling)
✦ The suit is hereby reinstated, but the claimant must meet the court's conditions
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Chirani v Ecoplast Limited (Employment and Labour Relations Cause 226 of 2018) [2024] KEELRC 2312 (KLR) (26 September 2024) (Ruling)
✦ The application is dismissed and struck out as gravely mis-anchored.
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Wekesa v Mombasa (Cause E015 of 2024) [2024] KEELRC 2295 (KLR) (26 September 2024) (Judgment)
✦ The claimant's employment was terminated through summary dismissal due to gross misconduct.
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Ndieyira v Inspector-General of Police & 3 others (Petition E038 of 2020) [2024] KEELRC 2455 (KLR) (26 September 2024) (Judgment)
✦ The Court found that the Respondents' decision to dismiss the Petitioner was not ultra vires.