Kenyan case law

Kenya Union of Commercial Food and Allied Workers v Gikanda Farmers Cooperative Society Limited [2021] KEELRC 1330 (KLR)

✦ The court dismissed the claimant's case, finding that the termination of the grievants' employment was not wrongful, unfair, or unlawful, and that the claimant is not entitled to the relief sought.

Kenya Union of Commercial Food & Allied Workers v Aspendos Dairy Limited [2021] KEELRC 1300 (KLR)

✦ The termination of the employment of the Claimant was wrongful, unfair and unlawful.

Boniface Mutunga Wambua v Alkash Limited [2021] KEELRC 1375 (KLR)

✦ Suit dismissed with no order as to costs

Maurice Otieno Wasera v Namo Italiano Ltd [2021] KEELRC 1361 (KLR)

✦ The Court finds the Respondent in breach of contract for leave and underpayment of salaries. The Claimant is awarded Kshs 290,772 for accrued leave, underpayments, and interest.

Elly Barasa Ochieng v Gallant Security Services Limited Gallant Security Services Limited Registration No. CPR/2012/66275 (Objector [2021] KEELRC 1371 (KLR)

✦ The judge ordered the claimant to file an affidavit indicating the ownership of the companies within 14 days and extended the hearing of the application to July 15, 2021.

Dorcas Ndanu David v Joseph Ngigi Kangethe t/a Nakubreeze Travellers Inn [2021] KEELRC 1310 (KLR)

Nehemiah Kipkorir Terer & 3 others v National Police Service Commission & 2 others [2021] KEELRC 1351 (KLR)

✦ The Petitioners' application is dismissed, and costs shall abide the outcome of the Petition.

Manpreet Kaur Luthra v Ideal Ceramics Limited [2021] KEELRC 1383 (KLR)

✦ The termination was fair and justified, and the Claimant's claim for wrongful termination is dismissed. The Respondent must refund Kshs. 79,885 to the Claimant.

Republic v Attorney General & another Ex Parte Benedict Kabugi Ndungu; Kembi Gitura (Interested Party) [2021] KEELRC 1372 (KLR)

✦ The Court quashes the appointment of Hon. Kembi Gitura as Chairperson of the Communications Authority of Kenya.

Sheracco Co-operative Savings and Credit Society Limited v Karuturi Limited (Under receivership) & another [2021] KEELRC 1303 (KLR)

✦ The 2nd Defendant is struck out of the suit

Anthony Kabimba Gusinjilu & 112 others v Tryponomiasis Research Institute [2021] KEELRC 1377 (KLR)

✦ The Employment and Labour Relations Court lacks jurisdiction to hear and determine the dispute between pensioners and the trustees of a pension scheme.

Berina Nthenya Musila & 3 others v East African Growers Limited [2021] KEELRC 1349 (KLR)

✦ The suit is dismissed with no order as to costs, as the Claimants failed to institute the claim within the limitation period for continuing injury claims.

Chrisopher Warui v Office of the Auditor General & another [2021] KEELRC 1366 (KLR)

✦ The claim is time barred and the court has no jurisdiction to hear the dispute.

Deya Samson Owino v Cobra Security Company Limited [2021] KEELRC 1446 (KLR)

✦ Termination was declared unfair, and the Respondent was ordered to pay compensation for unfair termination equivalent of 2 months' salary at Kshs. 32,000; notice at Kshs. 16,000; annual leave at Kshs. 30,769; service pay at Kshs. 11,076; and unpaid salary at Kshs. 12,507 - total Kshs. 102,352.

Mercy Milanoi & 171 others v Nediamax Network Limited [2021] KEELRC 1441 (KLR)

✦ Petitions are settled by consent and orders recorded on June 10, 2020 are upheld.

Peter Matano Munene v Bishop Zacharia Kahuthu, Luke Mwololo,Lydia Maina & Catherine Ngina Musau (Cause 446 of 2014) [2021] KEELRC 1504 (KLR) (Employment and Labour) (24 June 2021) (Ruling)

✦ The Court deferred the ruling on the reference filed by the initial 4 Respondents and ordered the parties to file supplementary submissions and their own submissions within 14 days.

Elizabeth Wanjiku Muthui v Mukiri Muchiri; Speaker, County Assembly of Nyandarua & 2 others (Interested Parties) [2021] KEELRC 1173 (KLR)

✦ The court has jurisdiction to hear the petition and the argument that the court lacks jurisdiction is rejected.

Kudheiha Workers v Bom Menengai High School & another [2021] KEELRC 1341 (KLR)

✦ The application is incurably defective, premature, misconceived, and an abuse of court process.

Republic v Registrar of Trade Union Ex parte Universities Academic Staff Union Egerton University Chapter; Joseph Juma Mafura & 6 others (Interested Parties) [2021] KEELRC 1391 (KLR)

✦ The court finds the applicants' case has merit and allows the application, quashing the Respondent's decision to register the co-opted officials and compelling the Respondent to register the applicants' chosen co-opted officials.

Nakuru War Memorial Hospital v Penvilia Chepkemoi [2021] KEELRC 1399 (KLR)

✦ The Court of Appeal dismissed the appeal, upholding the trial court's decision to determine the preliminary objection on limitation together with the main claim and finding that the cause of action arose within the three-year limitation period.

Keith Wright v Ketegra Biotechnology (EPZ) Limited [2021] KEELRC 1482 (KLR)

✦ Application for recusal dismissed

Njoroge v Egerton Univeristy (Cause 376 of 2017) [2021] KEELRC 2312 (KLR) (21 June 2021) (Judgment)

✦ The Court held that the Respondent did not breach the CBA by failing to grant the Claimant a tuition waiver for his BA in Sociology and Religious Studies.

Peter Mbaka Omweru & 15 others v Crown Industries Limited [2021] KEELRC 1548 (KLR)

✦ Application dismissed for lack of merit with costs

Dominic Murage & 9 others v Universities Academic Staff Union & 2 others [2021] KEELRC 2350 (KLR)

Fredrick Mwanyiro Johane Kilengeta v Sifa Investments Limited [2021] KEELRC 1546 (KLR)

✦ The Court finds that the termination was not unfair both in substance and procedure, and dismisses the claimant's prayer for a declaration that the termination was wrongful and for compensation in that regard.