Kenyan case law
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Munyasia v National Council of Churches of Kenya (NCCK) (Miscellaneous Application E082 of 2023) [2023] KEELRC 2509 (KLR) (11 October 2023) (Ruling)
✦ Court adopts Director's award and orders payment of Kshs 1,702,853.70, interest at court rates, costs awarded to Claimant
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Ouma & 5 others v Principal Secretary, Ministry of Interior & Coordination of National Government & 4 others (Petition E021 of 2023) [2023] KEELRC 2456 (KLR) (11 October 2023) (Judgment)
✦ The recruitment exercise and/or interviews conducted by the Respondents and/or their servants, agents, and/or employees regarding Assistant Chiefs in Nyamambi East sub-location of Lambwe East Location, Nyamambi West sub-location of Lambwe East Location and Waware North sub-location of Rusinga East Location was unconstitutional, unlawful, null and void.
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Mwangi v Tangaza College (The Catholic University of Eastern Africa) (Cause E530 of 2020) [2023] KEELRC 2503 (KLR) (11 October 2023) (Judgment)
✦ The Court finds that the Claimant's employment was not terminated and that the redeployment amounted to demotion, which is an unfair labor practice.
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Aminga v Radar Limited (Cause 994 of 2018) [2023] KEELRC 2501 (KLR) (11 October 2023) (Judgment)
✦ The dismissal was procedurally flawed and unfair, and the Claimant is entitled to one month's salary in lieu of notice, payment in lieu of leave, and six months' salary as compensation for unfair termination.
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Mbugua v Mountain View Estate Residents Association (Miscellaneous Application E051 of 2023) [2023] KEELRC 2481 (KLR) (11 October 2023) (Ruling)
✦ The Claimant's application is found unmerited and is dismissed with costs
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Motrex Limited v Wanyonyi (Appeal E052 of 2022) [2023] KEELRC 2473 (KLR) (9 October 2023) (Judgment)
✦ The appeal is found with merit, judgment and decree in Mombasa CM ELRC No. 265 of 2019 is hereby set aside in its entirety.
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Mulyanga v Zitron Limited (Cause 876 of 2018) [2023] KEELRC 2400 (KLR) (9 October 2023) (Judgment)
✦ The Court finds that the termination was unfair due to the lack of compliance with the Employment Act, 2007, particularly the redundancy provisions.
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Kenya Union of Comercial Food and Allied Workers v Kenya Credit Traders Limited (Cause E033 of 2022) [2023] KEELRC 2403 (KLR) (6 October 2023) (Ruling)
✦ The application is granted, the judgment of the Court of 15th December 2022 and all consequential orders are set aside unconditionally, and the respondent is allowed to defend the cause on merit.
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Akrim v Mobile Consultations Africa Limited (Employment and Labour Relations Cause E055 of 2022) [2023] KEELRC 2432 (KLR) (6 October 2023) (Ruling)
✦ The application for security for costs is dismissed with costs to the claimant
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Ombati v New Kenya Cooperative Creameries Ltd (Cause 325 of 2019) [2023] KEELRC 2417 (KLR) (6 October 2023) (Ruling)
✦ The application is dismissed with no orders as to costs
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Kinoti v Safaricom PLC (Cause E214 of 2021) [2023] KEELRC 2415 (KLR) (6 October 2023) (Judgment)
✦ The Claimant's claim is dismissed with each party bearing their own costs.
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Muhoro v Maina (Appeal E003 of 2022) [2023] KEELRC 2398 (KLR) (6 October 2023) (Ruling)
✦ The court dismisses the notice of motion with costs.
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Kariuki v Kenya Pipeline Company Limited (Cause 2273 of 2016) [2023] KEELRC 2412 (KLR) (6 October 2023) (Judgment)
✦ The reliefs sought by the Claimant do not lie, and the Claim is dismissed with each party bearing their own costs.
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Waweru v Kenyatta University (Cause E481 of 2023) [2023] KEELRC 2418 (KLR) (6 October 2023) (Ruling)
✦ The Court declines to grant the orders sought in the Application and dismisses the Application with no orders as to costs.
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Kabusu t/a Oloita Butchery v Ndulu & another (Employment and Labour Relations Appeal E166 of 2022) [2023] KEELRC 2428 (KLR) (6 October 2023) (Judgment)
✦ The Court found that the Appellant did not provide justifiable reasons for terminating the Respondents' employment and that the dismissal was not in line with fair procedure. The decretal amount was reduced from Kshs 3,208,846.00 to Kshs 346,312.90.
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Kimani v Kenya Bus Management Limited (Cause E1025 of 2021) [2023] KEELRC 2413 (KLR) (6 October 2023) (Judgment)
✦ The Court finds it more probable that the Claimant was an employee of the franchisees rather than the Respondent, the franchise owner.
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Andika v Smart Printers Limited (Cause 460 of 2018) [2023] KEELRC 2425 (KLR) (6 October 2023) (Judgment)
✦ The Claimant's termination was neither unfair nor unlawful, and the claim is dismissed.
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Okemwa v Intra Africa Assurance Company Limited (Cause 457 of 2018) [2023] KEELRC 2427 (KLR) (6 October 2023) (Judgment)
✦ The Court finds that the Respondent failed to prove justifiable cause for the Claimant's termination and that the termination was not in line with fair procedure.
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Mwangi v Almasi Bottlers Limited (Cause E046 of 2022) [2023] KEELRC 2402 (KLR) (6 October 2023) (Judgment)
✦ The court found that the employer had valid reasons for dismissing the claimant, and the dismissal was procedurally fair.
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Menon (Vijay Krishna Vazhvelil) v Windsor Golf Hotel and Country Club (Cause E041 of 2023) [2023] KEELRC 2431 (KLR) (6 October 2023) (Ruling)
✦ The court declines the Respondent's Preliminary Objection and declines to refer the dispute to arbitration.
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Ng’ang’a v Kinangop Dairy Limited (Employment and Labour Relations Cause 2469 of 2017) [2023] KEELRC 2433 (KLR) (6 October 2023) (Judgment)
✦ The court held that the termination was unfair as the employer did not follow due procedure as required by the Employment Act.
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Njeru v Nampak Kenya Limited (Employment and Labour Relations Cause 501 of 2019) [2023] KEELRC 2434 (KLR) (6 October 2023) (Judgment)
✦ The court held that the termination was unfair and unlawful due to procedural and substantive justifications.
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Kiilu v Standard Chartered Bank (K) Ltd (Cause 2191 of 2017) [2023] KEELRC 2426 (KLR) (6 October 2023) (Judgment)
✦ The Claimant failed to prove his case on a balance of probability, and the Claim is dismissed in its entirety.
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Muinde v Libya Oil Kenya Limited (Employment and Labour Relations Cause 78 of 2016) [2023] KEELRC 2437 (KLR) (6 October 2023) (Judgment)
✦ The claimant was not unfairly terminated and is not entitled to the remedies sought.
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Kiara v Kenya Breweries Ltd (Cause E016 of 2020) [2023] KEELRC 2401 (KLR) (6 October 2023) (Judgment)
✦ The court finds the employer's reasons for termination valid and fair, and the procedure followed was fair.