Kenyan case law
-
Boiyo Kennedy Cheptang v Rai Plywoods (K) Ltd [2016] KEELRC 1375 (KLR)
✦ The termination of the claimant's employment was not wrongful, unfair, or unlawful.
-
Cleopatra Kama Mugyenyi v Aidspan [2016] KEELRC 1368 (KLR)
✦ The Court dismissed the applications and findings, holding that the respondent is a going concern entity with net assets in Kenya and that the applicant's contract of employment ended on December 31, 2015, as contracted by the parties.
-
James Alielo v Attorney General [2016] KEELRC 1405 (KLR)
✦ The Court directs the Respondent to facilitate the setting up of an independent Medical Board to review James' case and submit a full medical report to the Court.
-
Margaret Martha Byama v Alice A. Otwala,Public Service Commission,Principal Secretary, Ministry of East African Affairs,Commerce and Tourism & Attorney General (Petition 74 of 2015) [2016] KEELRC 1381 (KLR) (Employment and Labour) (15 April 2016) (Judgment)
✦ Claimant's right not to be discriminated against is violated. Claimant is ordered to continue employment until 65 years.
-
Kenya Union of Hair and Beauty Salon Workers v Sana Industries Limited [2016] KEELRC 1395 (KLR)
✦ The Claimant's application fails and is dismissed with costs.
-
Dickson Magak Omwaga & another v Attorney General & 2 others [2016] KEELRC 1301 (KLR)
✦ The 2nd Respondent had no valid reason to reject the amendments and the 3rd Respondent's constitution amendments are not prejudicial to the parties.
-
Paul Kigondu Kamande v Kenya Industrial Estates [2016] KEELRC 1397 (KLR)
✦ The Court found that the Respondent had a valid reason for terminating the Claimant's employment due to gross misconduct.
-
Peter Wanyama Ojiambo v Technical University of Kenya & 2 others [2016] KEELRC 1378 (KLR)
✦ The Court declines to grant orders for payment of salary arrears and directs that the matter be resolved at the full trial.
-
Mwaragu Kimani v Shengli Engineering Construction (Cause 2052 of 2013) [2016] KEELRC 1376 (KLR) (Employment and Labour) (15 April 2016) (Judgment)
✦ The Court ordered the respondent to pay the claimant compensation for wrongful termination.
-
Kenya National Private Security Workers Union v Lavington Security Limited [2016] KEELRC 1295 (KLR)
✦ The Court finds for the Claimant and orders the Respondent to deduct union dues from unionable employees and to allow workers to join the Union of their choice.
-
Kenya Union Of Journalists & Allied Workers v Sunday Express Newspapers Ltd (Cause 1041 of 2011) [2016] KEELRC 1389 (KLR) (Employment and Labour) (15 April 2016) (Ruling)
✦ The application is allowed, the respondent having fully settled the decretal amount and taxed costs.
-
James Wangai Muchiri v Rai Plywoods (K) Ltd [2016] KEELRC 1385 (KLR)
✦ The court found the termination of the claimant's employment to be lawful, fair, and procedurally correct.
-
Kenya County Government Workers Union v Murang’a County Public Service Board [2016] KEELRC 1413 (KLR)
✦ The preliminary objection is unfounded as the suit discloses a clear cause of action and is not time barred.
-
Union of commercial food and allied workers v Jatomy enterprises limited (Cause 59 & Miscellaneous Cause 5 of 2014) [2016] KEELRC 1411 (KLR) (14 April 2016) (Ruling)
✦ The application for contempt shall fail and be dismissed with costs.
-
Kenya Game Hunting And Safaris Workers Union v Ngare Ndare Forest Trust Ltd (Cause 130 of 2015) [2016] KEELRC 1409 (KLR) (14 April 2016) (Judgment)
✦ The court finds in favor of the claimant, ordering the respondent to deduct and pay union dues by the employees in issue effective end of April 2016, and to pay all due union dues out of its own resources effective the date of the suit 12.10.2015 plus interest at court rates till full payment. The parties are to negotiate in good faith and conclude the recognition agreement by 01.10.2016.
-
Nyeri County Government v Kenya County Government Workers Union & another [2016] KEELRC 1396 (KLR)
✦ The strike was not protected as the notice was shorter than the 7 days prescribed in section 76(c) of the Labour Relations Act, 2007.
-
Leonard Lusinde Mukhaya v Oxford University Press East Africa Limited [2016] KEELRC 1306 (KLR)
✦ The application is dismissed without merit.
-
Haron Chebok Rotich v Secretary, Public Service Board, Baringo & County Government of Baringo (Cause 524 of 2014) [2016] KEELRC 1420 (KLR) (8 April 2016) (Judgment)
✦ Claimant was reinstated into service with effect from January 2014 without loss of benefits.
-
Amwata Mutahi Nicolus & another v Ukwala Supermarket Nakuru & Kericho Branch [2016] KEELRC 1427 (KLR)
✦ The Court determined that the 1st Claimant was a general labourer and not a shop assistant, and that the dismissals were fair.
-
Kenya National Union Of Nurses v Public Service Commission & 2 others [2016] KEELRC 1428 (KLR)
✦ The Court dismisses both motions with no order as to costs.
-
David O. Odunga & 69 Others v Secretary General Acting For the Kenya Union of Commercial, Food And Allied Workers & another [2016] KEELRC 1372 (KLR)
✦ The Court finds that the petitioners have not come to Court with clean hands to warrant the grant of the orders sought which are equitable in nature. The application is therefore dismissed with costs.
-
Edwin Kosgei v Metkei Multi-Purpose Company Ltd [2016] KEELRC 1430 (KLR)
✦ The Court finds that the dismissal was unfair due to procedural deficiencies and the Claimant's right to fair administrative action was violated.
-
Raymond Komen v County Government of Nakuru & another [2016] KEELRC 1416 (KLR)
✦ The Court grants an order nisi restraining the withdrawal of monies from the specified bank accounts pending an inter partes hearing.
-
Peter Chege Muthui v Muchemi Gitahi Kagwa & 2 others (sued as the Chairman, Secretary and Treasurer of Leshau Karagoini Water Project [2016] KEELRC 1424 (KLR)
✦ Claimant is entitled to Kshs 159,580 in total, including unremitted NSSF contributions and salary arrears.
-
Daniel Warinda v Kenya Bureau of Standards [2016] KEELRC 1364 (KLR)
✦ Claimant is awarded 1 months salary in lieu of notice, 12 months salary for unlawful termination, leave as pleaded, a Certificate of Service, and costs of the suit.