Kenyan case law

Tom Luusa Munyasya & another v Governor Makueni County & 2 others [2014] KEELRC 1169 (KLR)

Tom Luusa Munyasya & another v Governor, Makueni County & another [2014] KEELRC 290 (KLR)

✦ The preliminary objection is sustained, the Employment Act 2007 has no application in the removal of County Executive Committee Members, the County Governments Act 2012 is not in material departure from the pure Presidential System, and the claim is hereby struck out with no order on the costs.

Village Photoshop Ltd v Mercy Wanja Mutegi T/A Digiclicks Photographers & another [2014] KEELRC 518 (KLR)

✦ The court dismisses the applications with costs to the respondents.

Esther Omutanyi Wakhungu v Kuehne & Nagel Limited [2014] KEELRC 1233 (KLR)

✦ A temporary injunction was issued against the defendant from terminating the services of the plaintiff.

Union of Kenya Civil Servants v Public Service Commission [2014] KEELRC 537 (KLR)

✦ The court converted the termination of the grievants to redundancy and ordered payment of severance pay and other benefits as per the Employment Act.

Transport Workers Union v Hajji Issa Adams & Sons Limited [2014] KEELRC 1136 (KLR)

✦ The Claimant's application for review fails and is dismissed with no order for costs.

Victor Owuor Okeyo v African Banking Corporation [2014] KEELRC 1092 (KLR)

✦ The application is dismissed with costs to the Claimant.

Stella Mukwanyaga Reche v Mastermind Tobacco Kenya Ltd [2014] KEELRC 60 (KLR)

✦ The dismissal was unjustified and unlawful

Vipin Kumar v Nasa Products Limited [2014] KEELRC 718 (KLR)

✦ The Court finds considerable doubt in the Claimant's assertion of unfair termination and dismisses his claims for compensation and reinstatement.

Tailors and Textiles Workers Union v Stitch Masters Limited [2014] KEELRC 106 (KLR)

✦ The Claimant is entitled to minimum wage, one month salary in lieu of notice, house allowance, and service gratuity.

Sebastian Juma Wanzala v Inter Security Services Limited [2014] KEELRC 549 (KLR)

✦ The Court declares the termination unfair and unlawful, and orders the Respondent to pay the Claimant compensation and other benefits.

Andrew Mwanyika & 18 others v Papillion Diani Limited [2014] KEELRC 361 (KLR)

Francis Kiplagat Kirui v Jade Petroleum Ltd (Jade Retail Ltd) [2014] KEELRC 146 (KLR)

✦ The termination was not fair due to non-compliance with the Employment Act, 2007

Alexander Mutua v Haggai Multi-Cargo Handling Services Limited [2014] KEELRC 412 (KLR)

Alfred Mahenzo Kazungu v Baobab Breeding Systems Ltd [2014] KEELRC 497 (KLR)

Walid Khalid v County Assembly of Mombasa & 2 others [2014] KEELRC 1215 (KLR)

✦ The Court orders a conservatory order to stay and suspend the 3rd Respondent's decision to remove the Petitioner from office.

Francis Kirimi Mungania v Barclays Bank (K) Ltd [2014] KEELRC 429 (KLR)

✦ The objection is not upheld with costs to the Claimant.

Maurice M. Munyao & 148 Others v Albert Churembo Mumba & 7 Others [2014] KEELRC 643 (KLR)

Wilberforce Ojiambo Oundo v Regent Management Limited [2014] KEELRC 872 (KLR)

✦ Fifty percent of the decretal sum is released to the Claimant within 14 days, with the balance secured by a bank guarantee issued by any competent bank.

Wilfred Samson Mutua v Kenya Wildlife Service [2014] KEELRC 261 (KLR)

✦ The Court found that the Claimant was lawfully and procedurally employed and that his contract of employment was lawfully and procedurally terminated. The Court also found that the termination was not actuated by malice and that the Claimant is entitled to the 31% gratuity. The Court also found that the Respondent was not in breach of the Employment Contract it had offered the Claimant and that the costs of the suit shall be borne by the Respondent.

Wilberforce Osodo v Attorney General & 2 others [2014] KEELRC 465 (KLR)

✦ The Court declared that the Petitioner was entitled to a fair hearing and treatment under the Constitution and the Service Commission's Act and regulations.

Francis Mwangi Maina & another v Town Clerk City Council of Nairobi & 3 others [2014] KEELRC 1046 (KLR)

✦ The claimants are entitled to payment of medallion long service. The claims for provident fund and provident fund arrears, overtime, leave, off-duty, special duty allowance, and interest on contributions are dismissed.

Wilson Makongo Marwa v Hema Hospital [2014] KEELRC 1318 (KLR)

✦ The court finds that the respondent verbally dismissed the claimant, which was unlawful and unfair. The claimant is entitled to 3 months salary in lieu of notice, 7 months service pay, 12 months compensation for unlawful termination, and salary for 7 days in May 2013.

Zachariah Kerauni Maosa v British American Insurance Co (K) Ltd [2014] KEELRC 928 (KLR)

✦ The Claimant's claim is not statute barred.

Francis Omondi Odalo v Invesco Assurance Company Limited [2014] KEELRC 47 (KLR)

✦ Settlement terms are fair, adequate, regular, and in accordance with the law