Kenyan case law
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Linus Tambiti Bala v Samba Brazilia Limited [2019] KEELRC 1479 (KLR)
✦ Claimant is awarded Kshs. 238, 000 in compensation for the unfair dismissal, including Kshs. 17, 000 in lieu of notice, Kshs. 17, 000 for February 2014, and Kshs. 204, 000 in compensation for the unjustified termination.
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Africert Limited v Kipkorir Albert Langat [2019] KEELRC 1480 (KLR)
✦ Respondent was in breach of contract and ordered to pay Kshs 360,000 in lieu of notice.
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Martin Kabanga Gathawa v Associated Battery Manufacturers (E.A) Ltd [2019] KEELRC 1481 (KLR)
✦ The application is allowed, and the witness statement of Bernard Njoroge, a former employee of the applicant, dated 30.07.2018, is expunged from the Court record.
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Rogers Omosa Matundura & 11 others v Mills Industries Ltd & another [2019] KEELRC 1511 (KLR)
✦ The claimants' claim for redundancy benefits is dismissed as they failed to provide a basis for the figures used in their tabulation.
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Moses Mangusu v Jonathan Mwalili [2019] KEELRC 1490 (KLR)
✦ The termination of the claimant's employment was found to be unfair and unlawful, and he is awarded three months' salary as compensation.
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Joseph Gitile Naituli v Egerton University & another [2019] KEELRC 1461 (KLR)
✦ The Court finds no merit in the Cause and awards the Claimant leave, leave travelling allowance, and unpaid SSP pay.
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Kevin Bwire Wandera v L.G. Harris & CO (E.A.) LTD [2019] KEELRC 1440 (KLR)
✦ The Court finds the Claimant's employment was terminated verbally without justifiable cause and in violation of due procedure, and awards him six months' salary in compensation and one month's salary in lieu of notice.
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Republic v Retirements Benefits Appeal Tribunal & another; Retirement Benefits Authority, Boniface Mariga and 948 others, Gideon Mburu Ng’ang’a and 176 others & Ben Oulo and 135 others (Interested Parties) Ex Parte Applicant Board of Trustees Teleposta Pension Scheme [2019] KEELRC 1464 (KLR)
✦ The Application is supported by the Affidavit of Ben Otieno Oulo a former Telposta Pension Scheme retiree who annexes a copy of the list of names marked BOO1 of those on whose behalf the application has been filed.
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Joseph Kiria Kinyua v Attorney General [2019] KEELRC 1415 (KLR)
✦ The suit is hereby struck out with no order as to costs.
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Lawrence Mutuku Titus v Fima Enterprises Limited [2019] KEELRC 1494 (KLR)
✦ The Court finds and holds that the Respondent terminated the Claimant's employment without justifiable cause and in violation of due procedure.
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Patrick Okoko Nyakwara v Malva Coach Builders Limited [2019] KEELRC 1436 (KLR)
✦ The dismissal was fair as the claimant was aware of the reason for dismissal and given an opportunity to defend himself. The claimant cannot claim leave and service pay as he was a casual worker.
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Ramadhan Luvusi Hamisi v Mohammed Eltaff & Al-Momin Foundation (Cause 1590 of 2014) [2019] KEELRC 1467 (KLR) (Employment and Labour) (31 May 2019) (Judgment)
✦ Claimant awarded Kshs. 70,000 for unpaid salary, notice pay, and public holiday pay. Claimant's termination was found unfair. Counterclaim dismissed.
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Irene Ndunge Mbithi v Kantaria [2019] KEELRC 1491 (KLR)
✦ The Court finds the termination of the Claimant's employment was unfair and the Respondent was in breach of contract.
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Laban Mokua & 8 others v Registrar Of Trade Unions & another [2019] KEELRC 1437 (KLR)
✦ The application is dismissed.
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Dismas Amboko Lukanza v General Freighters Limited [2019] KEELRC 1496 (KLR)
✦ The termination was found to be unfair and illegal due to the Respondent's failure to comply with the procedure under Section 41 of the Employment Act. The Claimant is awarded 15 days' salary and 10 months' salary as compensation.
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Kennedy Moss Cheptum v Geothermal Development Company [2019] KEELRC 1454 (KLR)
✦ The summary dismissal was fair as the Respondent had sufficient reason to dismiss the Claimant for absenteeism, which is an act of gross misconduct.
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Simon Kibe Kahwai v MMA Engineering Services Ltd [2019] KEELRC 1478 (KLR)
✦ The motion for review of the costs decision is dismissed with no order as to costs.
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Joseph Mairura Mong’oni v Kenya Commercial Bank Ltd [2019] KEELRC 1439 (KLR)
✦ The Court finds and holds that the Claimant was summarily dismissed and is entitled to 1 month pay in lieu of notice.
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Mwangi Muiruri v G4s Security (K) Limited [2019] KEELRC 1453 (KLR)
✦ The termination of the Claimant's employment was fair and he is not entitled to the prayers sought.
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Caroly Kipkeny Arkach v Telkom Kenya Limited [2019] KEELRC 1382 (KLR)
✦ The claimant was found not to be involved in the fraud, but the dismissal was justified due to the loss of Kshs 596,023/50 on account of a disputed bill.
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Crispinus Wesonga Shiraku v Kenya Sweets Limited [2019] KEELRC 1445 (KLR)
✦ The termination was unfair and procedurally invalid. The claimant is awarded one month's salary in lieu of notice and compensation.
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Anne Wairimu Kimani v Kenya Agricultural & Livestock Research Organisation [2019] KEELRC 1443 (KLR)
✦ The court does not agree with the respondent's res judicata claim and stays the present suit pending the resolution of Cause No 408 of 2017.
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Jane Muthoni Muya v John & T. Kempro Company Limited [2019] KEELRC 1505 (KLR)
✦ The Claimant’s claim for wrongful dismissal and related remedies is dismissed.
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James Muriithi Njiru v Omega Risk Management Limited [2019] KEELRC 1499 (KLR)
✦ The Court finds that the Claimant was an employee and that the Respondent owes the Claimant salary, accrued leave, and vehicle maintenance allowance.
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Ruth Nzilani Kyalo v Tikoo and Company Limited [2019] KEELRC 1371 (KLR)
✦ Claimant is entitled to one month's salary in lieu of notice and six years' leave.