Kenyan case law

Christine Kinya Gikunda v Mantrac Limited [2019] KEELRC 1366 (KLR)

✦ The Employment and Labour Relations Court found that the termination was unfair and ordered the respondent to reinstate the claimant.

Joseph Naftaly Macharia Karumba & 2 others v National Bank of Kenya Limited [2019] KEELRC 1296 (KLR)

✦ The termination was unfair both substantively and procedurally, and the claimants are entitled to compensation.

Kenya Engineering Workers Union v Fine Engineering Works [2019] KEELRC 1181 (KLR)

✦ The court will not determine the current application but directs it to be mentioned before Wasilwa J. for her directions in line with Cause No. 120 of 2015

Kenya National Private Security Workers Union v Hatari Security Limited [2019] KEELRC 1320 (KLR)

✦ The Court grants notice pay of Kshs. 5,200, gratuity of Kshs. 23,400, and compensation for unfair termination of Kshs. 62,400, totaling Kshs. 123,760.

Mutua Patrick Nzoka v Kenya Tourist Development Corporation & 2 others [2019] KEELRC 1389 (KLR)

✦ The prayer for stay of judgment is granted with modifications

Ochenja v Judicial Service Commission (Petition 146 of 2018) [2019] KEELRC 1344 (KLR) (14 June 2019) (Judgment)

✦ The disciplinary process was flawed and prejudiced the Petitioner. The Petitioner was not given adequate notice, an opportunity to be heard, and cross-examine witnesses.

Edward Githinji & 131 others v Kenya Medical Research Institute & 7 others [2019] KEELRC 1378 (KLR)

✦ The Court declines to determine the preliminary objection and directs that the legal issues be taken up as part of the hearing on the merits.

JAW v Board of Trustees, National Social Security Fund [2019] KEELRC 1385 (KLR)

✦ Application succeeds, temporary injunctions granted pending hearing and determination of case

Banking, Insurance and Finance Union (Kenya) v Standard Chartered Bank of Kenya Limited [2019] KEELRC 1379 (KLR)

✦ The court deferred judgment and invited parties to address the tasks carried out by the staff in Band 8 and 9 of the respondent.

Daniel Okayo Odongo v Cook N’Lite Ltd [2019] KEELRC 1399 (KLR)

✦ The Appeal is rejected.

Lucy Wanjiru Nyaga v Batiment Group Limited [2019] KEELRC 1317 (KLR)

✦ The Court finds discrimination on account of pregnancy and declares termination unfair. The Respondent is ordered to pay damages for pregnancy discrimination, notice, salary arrears, pro-rata leave, and compensation for unfair termination.

Joyce Ngina Simitu v Stephen O. Mallowah & 2 others [2019] KEELRC 1375 (KLR)

✦ The dismissal was unfair and the claimant is awarded compensation of 3 months' gross salary.

Kevin James Woods v Rift Valley Railways (K) Limited [2019] KEELRC 1391 (KLR)

✦ The application for review is dismissed as it was brought after unreasonable delay and lacks merit.

Raymond Kilonzo Nzioka v Bobmil Industries Limited [2019] KEELRC 1405 (KLR)

✦ Claimant's case fails, and judgment is entered for the respondent with costs.

Okoiti v Attorney General & 2 others; Muthaura & 4 others (Interested Parties) (Petition 47 of 2018) [2019] KEELRC 1411 (KLR) (14 June 2019) (Judgment)

Elizabeth Agutu Odhiambo v Waumini Sacco Society Limited [2019] KEELRC 1393 (KLR)

✦ The application is dismissed with costs as the petitioner is not qualified for the position and the gaps in the Court of Appeal Rules cannot be filled by the Trial Court.

Cosmas Musungu Musangala v Ramco Printing Works Limited [2019] KEELRC 1380 (KLR)

✦ The termination of the claimant's contract of service by the respondent was unfair and wrongful.

Anthony Muriithi Njeru v NW Realite Limited [2019] KEELRC 2610 (KLR)

✦ The Court finds and holds that the only entitlements due to the Claimant are Mileage allowance Kshs 20,000/- and Airtime Kshs 5,000/-, totaling Kshs 25,000/-.

Banking, Insurance and Finance Union (Kenya) v National Bank of Kenya Limited [2019] KEELRC 1412 (KLR)

✦ The application is dismissed as the Claimant has not shown any valid reason to restrain the Respondent from enforcing their rights under the contract

Daniel Michael Juma v Anglican Church of Kenya, All Saints Cathedral Diocese [2019] KEELRC 1388 (KLR)

✦ Application for stay of proceedings is declined

Mark Wafula Wabwile v Severin Sea Lodge [E.A.] Limited [2019] KEELRC 1377 (KLR)

✦ The Claimant is entitled to the balance of the notice period of 23 days, notice pay of 23 days at Kshs. 19,313, and severance pay at 15 days' salary, based on 26 working days in a month, for 6 complete years of service, at Kshs. 75,575.

Edward Ombati Sossi v Mocam Security Services Limited [2019] KEELRC 1348 (KLR)

✦ The court awards the claimant the sum of Kshs 60,000/= as compensation for unfair termination of service.

Pius Kimeu Kiilu v Metal Crowns Limited [2019] KEELRC 1390 (KLR)

✦ The court finds that the termination was unfair due to the lack of a proper disciplinary hearing and the absence of a policy stating the factory was a meat-free zone.

Joseph Mutua Mtinda v Nine One One Kenya Limited [2019] KEELRC 1404 (KLR)

✦ The Court declared that the Claimant was constructively dismissed and ordered the Respondent to pay notice pay, annual leave pay, service pay, and gratuity.

Solomon Githae Irungu v Nairobi City Water and Sewerage Company Limited [2019] KEELRC 1345 (KLR)

✦ The application is dismissed with costs to the Respondent.