Kenyan case law
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Thumbi v Concern Worldwide (Cause 1181 of 2016) [2022] KEELRC 12774 (KLR) (22 September 2022) (Judgment)
✦ The court held that the dismissal was procedurally unfair due to the ambiguity and lack of detail in the show cause letter.
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Waweru v Keroche Breweries Limited (Cause 530 of 2014) [2022] KEELRC 12799 (KLR) (22 September 2022) (Judgment)
✦ The court declared the dismissal wrongful, unfair, and unlawful and awarded the Claimant house allowance in arrears and compensation for wrongful dismissal.
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Rotich v New Kenya Co-operative Creameries Ltd (Cause 4, 5, 6 & 8 of 2020 (Consolidated)) [2022] KEELRC 4083 (KLR) (22 September 2022) (Ruling)
✦ The application is dismissed with costs due to procedural lapse.
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Mulwa v World Concern Development Organisation (Cause 534 of 2016) [2022] KEELRC 3971 (KLR) (22 September 2022) (Judgment)
✦ The Court found the Claimant was on probation and dismissed for gross misconduct.
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Kibiwott & another v Kingdom Bank Limited (Cause E003 & E004 of 2020 (Consolidated)) [2022] KEELRC 3986 (KLR) (22 September 2022) (Ruling)
✦ The court denied the application for stay of execution pending appeal.
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Wood Plys & Interior Design Workers Union v Corporation Ltd (Cause E247 of 2022) [2022] KEELRC 3965 (KLR) (22 September 2022) (Ruling)
✦ The court dismisses the motion.
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Mayieka v DHL Excel Supply Chain [K] Limited (Cause 2082 of 2016) [2022] KEELRC 12918 (KLR) (22 September 2022) (Judgment)
✦ The Court found the termination to be unlawful and unfair, and ordered the Respondent to pay the Claimant service pay, pension fund contributions, and an order for a certificate of service.
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Maina v Synthecon Kenya Ltd & another (Cause 472 of 2019) [2022] KEELRC 3925 (KLR) (22 September 2022) (Ruling)
✦ This court lacks jurisdiction to entertain the claim as the claimant's employment with the respondents was wholly governed by the labour law of the Republic of South Africa
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Ajuoga & 18 others v Kenya Seed Company (Cause 251 of 2016) [2022] KEELRC 4873 (KLR) (22 September 2022) (Judgment)
✦ Claimants' dues remain unpaid and the court awards them Kshs 6,404,358.10 plus costs.
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Shah v Menengai Oil Refineries Ltd & another (Cause E007 of 2020) [2022] KEELRC 12771 (KLR) (22 September 2022) (Judgment)
✦ The dismissal was found to be unfair and unjustified, and the Claimant is awarded compensation and other remedies.
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Okello v Ms.Farida Karoney, Cabinet Secretary For Lands And Physical Planning & another; Ethics And Anti Corruption Commission & another (Interested Parties) (Employment and Labour Relations Petition E018 of 2021) [2022] KEELRC 12725 (KLR) (22 September 2022) (Judgment)
✦ The Court dismisses the petition due to the preliminary objection raised by the Respondents regarding the Court's jurisdiction to remove the Cabinet Secretary.
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Workers Union v Rastopark (Employment and Labour Relations Cause 15 of 2019) [2022] KEELRC 4085 (KLR) (22 September 2022) (Judgment)
✦ The court found that the grievant was employed by the Respondent and that the termination was not fair.
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Gas Kenya Limited v Odhiambo (Appeal E006 of 2022) [2022] KEELRC 3930 (KLR) (22 September 2022) (Judgment)
✦ The dismissal was found to be unjustified and the award of 12 months' salary as compensation for unfair dismissal is set aside.
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Muthinga v Nakuru County Public Service Board & 2 others (Cause E024 of 2022) [2022] KEELRC 12699 (KLR) (22 September 2022) (Ruling)
✦ The court finds the application merited and directs the respondents to lift the suspension of the claimant's employment and order his immediate reinstatement. An injunction is also issued to prevent further interference with his employment.
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Makumbi v Shengli Engineering Constructions (Group) Company Limited (Appeal E052 of 2021) [2022] KEELRC 12764 (KLR) (22 September 2022) (Judgment)
✦ The court held that the Magistrates Court lacks jurisdiction to adopt the award of the Director, Occupational Safety and Health Services under WIBA and that the trial court misdirected itself.
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Maskini v Barkresha Grain Milling [K] Ltd (Appeal 78[B] of 2021) [2022] KEELRC 3997 (KLR) (22 September 2022) (Judgment)
✦ The trial court’s judgment is set aside as the suit was filed in a court without jurisdiction.
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Ogana v Kingsway Tyres Limited (Cause 1067 of 2018) [2022] KEELRC 12794 (KLR) (22 September 2022) (Judgment)
✦ The court finds that the claimant's employment was terminated by the respondent's director verbally, and the termination was not substantively and procedurally fair.
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Muriu v Hygrotech East Africa Ltd (Cause 21 of 2020) [2022] KEELRC 12811 (KLR) (22 September 2022) (Ruling)
✦ The application is dismissed with costs to the claimant.
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Nduati & 26 others v Ernst & Young LLP (Cause E186 of 2021) [2022] KEELRC 3926 (KLR) (22 September 2022) (Ruling)
✦ Respondent's Motion is allowed, documents are expunged from court record
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Abdul t/a Red Sea Food Court v Musyoka (Miscellaneous Application E191 of 2021) [2022] KEELRC 12914 (KLR) (22 September 2022) (Ruling)
✦ The application is dismissed as filed in bad faith and to frustrate the Respondent's litigation.
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Tsuma v Tudor Services Ltd (Appeal E080 of 2021) [2022] KEELRC 4001 (KLR) (22 September 2022) (Ruling)
✦ The application is dismissed with costs.
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Oleshetiti v Astral Industries Limited (Cause 1979 of 2017) [2022] KEELRC 4855 (KLR) (22 September 2022) (Judgment)
✦ The court found the termination of the claimant's employment to be unfair due to the respondent's failure to comply with the redundancy process as prescribed by the Employment Act, 2007.
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Mukoro v National Police Service Commission & 2 others (Petition 1 of 2020) [2022] KEELRC 3989 (KLR) (22 September 2022) (Judgment)
✦ The court holds that the petition is valid and merits consideration.
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Republic v Chairman, Board of Directors National Water Harvesting and Storage Authority & another; Kairu (Exparte Applicant); Obonyo (Interested Party) (Judicial Review E005 of 2021) [2022] KEELRC 4107 (KLR) (22 September 2022) (Ruling)
✦ The application is thus dismissed. The parties and counsel did not comment or submit on the other prayers in the application and this court makes the findings on the same.
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Kioko v Astral Industries Limited (Employment and Labour Relations Claim 1980 of 2017) [2022] KEELRC 3952 (KLR) (22 September 2022) (Judgment)
✦ The court found the claimant was employed by the respondent from January 4, 2016, and terminated on July 13, 2016. The termination was not unfair.