Kenyan case law

Michael Cherogony Cherono v Teachers Service Commission [2015] KEELRC 1271 (KLR)

✦ The application is dismissed as Section 90 of the Employment Act and Section 4(1) of the Limitation of Action Act do not provide for extension of time to bring actions based on contracts.

Andrew Obonyo & another v Cornerstone Securities Services Limited [2015] KEELRC 1235 (KLR)

✦ The Court held that the Respondent owes the Claimants terminal full benefits and ordered the payment of severance pay, leave pay, house allowance, and overtime pay.

Anthony Siyuyu Kisiang’ani & another v Nzoia Outgrowers Co. Ltd & 2 others [2015] KEELRC 1308 (KLR)

✦ The court dismissed the application and set aside the orders sought.

David Onderi Nyangau v Soroya Investments Limited [2015] KEELRC 1220 (KLR)

✦ The court found in favor of the Claimant on all issues.

Lawrence Ouko Olilo & another v Japheth & 3 others [2015] KEELRC 962 (KLR)

✦ The application for extension of limitation period is dismissed with no orders for costs.

Kenya Chemical & Allied Workers Union v Ernst & Young Liquidators For Coates Brothers Ea Limited [2015] KEELRC 1206 (KLR)

✦ The Court upheld the conciliators report and ordered the payment of redundancy dues of 39,000,000/- as per the CBA in force at the time of redundancy.

Alex Muthiora Koome v G4s Security Services Kenya Ltd [2015] KEELRC 868 (KLR)

✦ The claimant's dismissal was not wrongful and unfair, and he is not entitled to terminal benefits or other benefits.

Banking, Insurance & Finance Union (Kenya) v Co-operative Bank of Kenya Ltd [2015] KEELRC 856 (KLR)

✦ The application for review of the judgment is dismissed. The grievants have been re-engaged with effect from 1st April 2014, and the court cannot undo that which has already happened.

David Wachira Gatundu & 2 others v Fidelity Security Limited [2015] KEELRC 1570 (KLR)

✦ The dismissal was fair and justified, and the Claimants were not entitled to notice or payment in lieu of notice.

Emily Isigi Inyanje v Director Mission in Action Children’s Home (Cause 134 of 2014) [2015] KEELRC 1335 (KLR) (13 March 2015) (Judgment)

✦ The Court finds that the termination was not unfair and the Claimant's remuneration did not include a house allowance.

Michael Wanderi Kariuki v Brookside Dairy Limited [2015] KEELRC 1330 (KLR)

✦ The claim is statute-barred under Section 90 of the Employment Act 2007, and is therefore dismissed.

Boniface Bandari Chipa v Mwadzombo Jumbale & 3 others [2015] KEELRC 1312 (KLR)

✦ The claimant terminated his employment by filing the suit on 4/6/2010, thus the employment contract was terminated by the claimant.

Kenya Union of Entertainment & Music Industry Empoyees v Bomas of Kenya Ltd [2015] KEELRC 827 (KLR)

✦ The court ordered the respondent to deduct dues for the 40 employees as per Gazette Notice No. 16483, to issue letters of appointment to the 40 employees, and to pay all underpayment arrears as per the parties collective bargaining agreement.

Stella Mukoko Amutabi v Saijal Shikotra [2015] KEELRC 1317 (KLR)

✦ The court finds the claimant underpaid in the period between May 2011 and October 2013, awarding her Ksh.110,576.60 in arrears.

Maureen A Homen v Board of Governors, Arya Vedic Primary And Secondary School & another [2015] KEELRC 1572 (KLR)

✦ Claimant is entitled to compensation for unlawful and unfair termination, including three months' salary in lieu of notice, Acting Allowance, and gratuity.

Kenya Plantation & Agricultural Workers Union v Migotiyo Plantation Limited [2015] KEELRC 1333 (KLR)

✦ The Court allows the motion and grants prayers 2 and 3 thereof pending further directions, including referral to conciliation.

Lucas Buko Stephen v Devki Steel Mills Limited [2015] KEELRC 1331 (KLR)

✦ Termination of the Claimant's contract of employment was unfair on account of procedure

David Mwaura Kimani v Francis Macharia Ndeu T/A Pontifica Freighters [2015] KEELRC 1334 (KLR)

✦ The Court found that there was an employment relationship between the parties and that the termination was unfair. The Court awarded salary arrears and salary in lieu of notice.

Athumani Lali v Kenya Union of Domestic, Hotels, Educational, Hospital & Allied Workers [2015] KEELRC 1309 (KLR)

✦ The court dismisses the suit, finding the claimant not entitled to any regular monthly allowances and that the claim is time barred.

Jane Muthoni Mukuna v Fsi Capital Limited [2015] KEELRC 841 (KLR)

✦ The court found in favor of the claimant and ordered the respondent to pay the claimant Kshs 2,640,000/= as twelve months' salary as compensation for wrongful termination, Kshs 440,000/= as two months' salary in lieu of notice, Kshs 100,000/= as outstanding and/or withheld salary for November 2013, and Kshs 198,000/= as salary in lieu of leave not taken in 2013. The court also ordered the respondent to deliver the original registration certificate for motor vehicle registration number KBK 707K to the claimant and execute all necessary documents for the transfer of the registration number to the claimant's sole name.

Robert Kenga & another v Ocean Sports Resort [2015] KEELRC 1315 (KLR)

✦ Judgment is entered for the claimants in the aggregate sum of ksh.596,565.95 plus costs and interest from date of filing this suit.

Jackson Nzioka Ndunda v Viable Deco Solutions [2015] KEELRC 1612 (KLR)

Josephat Macharia Gathii v Kundan Singh Construction Ltd [2015] KEELRC 1322 (KLR)

✦ The Court finds the termination of the Claimant’s employment was unfair and awards him compensation, notice pay, and 8 months’ gross wages.

Kenya National Union of Nurses v Attorney General [2015] KEELRC 866 (KLR)

✦ The court held that the dismissal was unlawful and against the law

Stanley Gitau Njogu v Kenyacam [2015] KEELRC 1566 (KLR)

✦ The summary dismissal was unlawful and unfair, and the court awards the Claimant compensation and terminal benefits.