Kenyan case law

Samuel Mbugua Kang’ethe v University Council Inoorero University [2016] KEELRC 1365 (KLR)

✦ The Court declines to make a finding that the claimant was constructively dismissed, but he will be paid his terminal dues as admitted by the respondent for the three complete years he served the respondent.

John Delfino Ntoruru v Transport & Allied Workers Union & another [2016] KEELRC 1471 (KLR)

✦ The Court lacks jurisdiction to entertain the Applicant's application for review of the 2003 award, as the matter was already addressed in a previous review application.

Erick Shisiali Khahu v Varga Limited T/A Kenya Motor Sprots Club (Cause 1076 of 2015) [2016] KEELRC 1456 (KLR) (Employment and Labour) (1 April 2016) (Judgment)

✦ Claimant is entitled to compensation and terminal benefits

Banking Insurance Finance Union v Standard Chartered Bank (K) Ltd [2016] [2016] KEELRC 1460 (KLR)

✦ The main suit is dismissed for want of any suitable relief sought by the Claimant.

Kenya Hotels and Allied Workers Union v Nairobi Gymkhana Sports Club [2016] KEELRC 1475 (KLR)

✦ The Court awards a leave traveling allowance of Kshs.6,000, provides wholesome food to employees working between 11:00 am and 11:00 pm, and funeral assistance of Kshs.100,000. The general wage increment is set at 12.5% for the first year and 15% for the second year. The house allowance is set at Kshs.7,000 for the first year and Kshs.7,500 for the second year. The service charge is to be effected in accordance with industry practice.

James Wainaina Guchu v Waiganjo Investments Ltd (Cause 1664 of 2013) [2016] KEELRC 1464 (KLR) (Employment and Labour) (1 April 2016) (Judgment)

✦ The Claimant is entitled to compensation for wrongful dismissal and refund of non-remitted NSSF dues. The court awards four months salary as compensation and 15% housing allowance.

Kenya Concrete Structural Ceramic Tiles Wood Ply and Interiors Deigns Employees Union (K.C.S.C.W & I) v Kenya Building, Construction, Timber, Furniture and Allied Industries Employers Union (K.B.C.T.& F.I.E.U) [2016] KEELRC 1452 (KLR)

✦ The court finds the Claimant Union's claim for recognition of the union by the Respondent lacking material averments.

Archybald Masinde Munialo v Metal Crowns Limited [2016] KEELRC 1388 (KLR)

✦ The Court disallows the application and does not make an order for costs security.

Daniel Mungai v Kabuito Contractors Limited [2016] KEELRC 1433 (KLR)

✦ The termination was fair and in accordance with procedure. The Claimant is not owed terminal benefits.

Mary M Mwangi v Sofia Mangina t/a Athens Leather Products [2016] KEELRC 1234 (KLR)

✦ The termination of the claimant was procedurally unfair and summary, violating the Employment Act's requirement for a hearing before termination.

Cleophas Odoyo v Toyota Kenya Limited (Cause 633 of 2014) [2016] KEELRC 1387 (KLR) (Employment and Labour) (31 March 2016) (Judgment)

✦ The Claimant is not entitled to remedies as the termination was valid and due process was followed.

Anthony Okoth Osure v Napro Industries Limited [2016] KEELRC 1236 (KLR)

✦ Claimant's termination was unfair due to lack of procedural fairness, and he is awarded notice pay and 28 days of leave. No compensation for humiliation is awarded.

Bakery, Confectionary, Food Manufacturing & Allied Workers Union v The Wrigleys Co. (E.A) Limited [2016] KEELRC 1231 (KLR)

✦ The dismissal of William Oyugi and Stanley Nyoike was not wrongful as the employer had reasonable grounds to suspect criminal offenses and non-compliance with the Collective Agreement.

Mary Njambi Marira & 5 Others v Kiambu Unity Finance Co-Operative Union Limited [2016] KEELRC 1235 (KLR)

✦ The Court finds that the previous cases are not res judicata and that the applicable law is the Employment Act.

Josephat Gichau Waihenya & 6 others v IGI Holdings Limited T/A Kirimiri Estate [2016] KEELRC 1490 (KLR)

✦ Judgment is entered for the claimants on all their claims.

Josephat Iduka Mwandihi & another v Alamdar Trading Company Limited [2016] KEELRC 1367 (KLR)

✦ The termination was substantively and procedurally unfair, and the Court awards compensation and notice pay to the Claimants.

Lillian Nyambura Nduati v Highlands Mineral Water Company Limited [2016] KEELRC 1495 (KLR)

✦ The termination was unfair and unlawful

Henry Ondari v Top Security Systems Ltd [2016] KEELRC 1243 (KLR)

Charles Meto v Amos Kosge & 3 others [2016] KEELRC 1835 (KLR)

✦ The application for striking out the Defence is dismissed with costs to the defendants.

Kenya Universities Staff Union v Frank Esevwe & 5 others [2016] KEELRC 1371 (KLR)

✦ the court granted the interim injunction

Edward Wesonga v Rapid Communications Limited [2016] KEELRC 1377 (KLR)

✦ The Respondent's application is dismissed with costs to the Claimant.

Kenya Game Hunting And Safaris Union v Lewa Wildlife Conservancy [2016] KEELRC 1492 (KLR)

✦ The court finds in favor of the claimant, declaring that the claimant is entitled to the respondent to deduct union dues in accordance with the law with respect to the 31 respondent's employees who have signed acknowledging to be members of the union.

Benson Mwiti Ntiritu & 4 others v Nanyuki Water and Sewarage Company Limited [2016] KEELRC 1482 (KLR)

✦ The court finds that the claimants are permanent employees of the respondent and their contracts of employment should be reduced into writing. The claimants are entitled to all remuneration and benefits under the Employment Act, 2007. The respondent is ordered to pay outstanding payments and provide backdated allowances and benefits.

Fredrick Kanyango Mbatia v Intex Construction Limited [2016] KEELRC 1487 (KLR)

✦ The respondent's application is dismissed with costs

Harrison Okallo Alinda v Double Delight Restaurant & Supermarket (Cause 64 of 2014) [2016] KEELRC 1493 (KLR) (23 March 2016) (Judgment)

✦ Claimant's case was deemed closed due to lack of full and candid disclosure regarding the reason for adjournments.