Kenyan case law

Kamande v Judicial Service Commission (Petition 50 of 2020) [2021] KEELRC 1537 (KLR) (18 June 2021) (Judgment)

✦ The Petitioner's dismissal was declared unfair, unlawful, and unconstitutional, and is set aside. The Respondent is ordered to reinstate the Petitioner to the position of Principal Administration Officer, Human Resource Directorate, without loss of benefits.

Kenya Private Universities Workers Union v Mt. Kenya University [2021] KEELRC 1541 (KLR)

✦ The Preliminary Objection is misconceived. The Claimant Union does not have to be formally recognized by the Respondent University to access Unionisable Members in its recruitment drive. The Respondent is only required to open its gates to the Claimant Union.

Joseph Wafula Masibo v Kenya Power and Lighting Company Limited [2021] KEELRC 1528 (KLR)

✦ The Court declines the Application and orders that the Application dated 4th December 2020 is declined.

Daniel Ngure Maghanga v Consolbase Limited [2021] KEELRC 1530 (KLR)

✦ The termination was not unfair or constructive, and the demotion decision was not procedurally fair.

Johnson Kazungu v Kenya Marine & Fisheries Research Institute [2021] KEELRC 1532 (KLR)

✦ The Court dismisses the preliminary objection and finds that the issue of limitation of 12 months from cessation of the continuing injury under section 90 of the Act does not even arise in the instant case.

Silas Okome v Panesars Kenya Limited [2021] KEELRC 1540 (KLR)

✦ The Court finds that the Claimant was an Independent Contractor and not an Employee. The termination was not unfair. The Claimant does not merit the pleaded remedies.

Edison Nyale v Mass Investment Company Limited (Cause 428 of 2015) [2021] KEELRC 1558 (KLR) (18 June 2021) (Judgment)

✦ The Court finds the termination unlawful and unfair, and awards the claimant 8 months' salaries in compensation, one month pay in lieu of notice, and half-year severance pay.

Job Bernard Makanga v Multimedia University of Kenya [2021] KEELRC 1572 (KLR)

✦ The application is declined and costs are awarded to the Claimant

Phylis Wangari Nganga v Intra Africa Assurance Company Limited [2021] KEELRC 1567 (KLR)

✦ The Court finds that there was an error on the face of the record as the Court failed to determine the issue whether severance pay should be based on basic pay or on gross pay. The Court awards severance pay at the rate of 15 days’ pay per year worked based on gross pay.

Republic v Registrar of Trade Unions, Ministry of Labor and Social Protection; Ex parte Kenya Union of Clinical Officers; Attorney General (Interested Party) [2021] KEELRC 1584 (KLR)

✦ The circular issued by the Registrar of Trade Unions is not in violation of Article 41(a) and (b) of the Labour Relations Act and Section 34 thereof.

Crown Bus Services Limited v Theophilus Katuva Mwanzia [2021] KEELRC 1502 (KLR)

Jerry Ole Kina v Tom Mboya Odege & another [2021] KEELRC 1522 (KLR)

✦ The petition is dismissed, and each party shall bear its costs.

Kenya County Government Workers Union v Nairobi City County Government & another [2021] KEELRC 1578 (KLR)

✦ The Claimant has locus standi and the mandatory retirement was wrongful, unfair and unlawful.

Mercy Kalondu Wambua v Nelson Andayi Havi; Council of the Law Society of Kenya (Interested Party) [2021] KEELRC 1568 (KLR)

✦ The order staying proceedings cannot be set aside, as the Petitioner's failure to draw the resolution is the default. The Court agrees with the Petitioner that there is no Council to approve the resolutions due to the lack of a physical meeting.

Jacqueline M Mutiso v Kenya Revenue Authority [2021] KEELRC 1552 (KLR)

✦ Claimant's termination was valid due to her negligence in failing to verify container details, and fair procedure was not followed.

Peter Karegua Mwangi & 6 others v Registrar of Trade Unions & another; Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers (Kudheiha Workers) (Interested Parties) [2021] KEELRC 1561 (KLR)

✦ The Court finds that the Registrar of Trade Unions bears the onus of proving the validity of the reasons proffered for the refusal to register the interim union on a balance of probability.

Joshua Gitau Wachira v Professional Clean Care Ltd [2021] KEELRC 1507 (KLR)

✦ The termination of the claimant's employment was unfair and unjustified, and he is entitled to compensation for wrongful dismissal, underpayment, and unpaid salary.

Kofinaf Limited t/a Gethumbuini Estate v Rhoda Maithya [2021] KEELRC 1582 (KLR)

✦ The court finds that the Appellant is not liable for the Respondent's injury and dismisses the appeal.

Nyagwa Meshack Onindo & 2 others v Teachers Service Commission [2021] KEELRC 1529 (KLR)

✦ The instant petition is not res judicata as the issues raised are distinct from those in the earlier petition.

Kenya Union of Commercial, Food & allied Workers Union (Kucfaw) v Agriculture & Food Authority (Coffee Directorate) Limited & another [2021] KEELRC 1335 (KLR)

✦ The Court dismisses the suit with no order as to costs, ordering each party to bear their own costs.

Salesius Njeru Gabriel v Dedan Kimathi University of Technology [2021] KEELRC 1542 (KLR)

✦ The application is dismissed with orders that the applicant bears his costs.

Patrick Shigogodi Shikoli v Hasbah Kenya Limited [2021] KEELRC 1534 (KLR)

✦ The termination of the Claimant's employment was procedurally unfair, and he is awarded compensation of Kshs 108,550.

Kenya Union of Sugar Plantation and Allied Workers v Chemelil Sugar Company Ltd [2021] KEELRC 1489 (KLR)

✦ The Court declines jurisdiction and dismisses the cause with no order on costs due to premature invocation of the court's jurisdiction.

Kenya Union of Pre-Primary Education Teachers v Board of Management Thingithu Primary School; Attorney General & another (Interested Parties) [2021] KEELRC 1586 (KLR)

✦ The application is dismissed with orders that each party bears their costs.

Enock Otieno Ondu v Board of Trustees of Nanyuki Cottage Hospital [2021] KEELRC 1575 (KLR)

✦ The termination of the claimant's employment was lawful, fair, and procedural, and he is only entitled to the items listed in paragraph 23 of the response.