Kenyan case law

Onsomu v County Government of Nyamira & another (Petition E012 of 2024) [2024] KEELRC 2214 (KLR) (19 September 2024) (Judgment)

✦ The petition is res judicata and is hereby struck out in its entirety.

Dahiye v Kenya Accreditation Service & another (Employment and Labour Relations Cause E377 of 2024) [2024] KEELRC 2227 (KLR) (19 September 2024) (Ruling)

✦ The court declines to grant the claimant's interlocutory application for salary arrears and directs the registry to allocate a trial date for the claimant on priority basis.

Kenya Union of Commercial, Food and Allied Workers v Bestrock Sacco Ltd (Employment and Labour Relations Cause 848 of 2019) [2024] KEELRC 2243 (KLR) (19 September 2024) (Judgment)

✦ The Respondent unfairly terminated the services of the Grievant.

Rasugu v Kisii University & another; Kisii University Staff Disciplinary Committee (Interested Party) (Petition E017 of 2023) [2024] KEELRC 2208 (KLR) (19 September 2024) (Judgment)

✦ The 2nd Respondent and the Interested Party have no capacity to be sued and have been wrongly joined to these proceedings.

Kimani (Suing as the Administrator of the Estate of Anne Ngugi (Deceased)) v County Government of Nakuru & 2 others (Cause 353 of 2015) [2024] KEELRC 2225 (KLR) (19 September 2024) (Judgment)

✦ The court declares that the claimant failed to disclose, establish, and prove a cause of action against the 1st and 3rd respondents and discharges them from any liability. The deceased was an employee of the 2nd respondent. The claimant is awarded a total of Kshs1,350,405/= in housing allowance in arrears, gratuity, and unpaid leave.

Pariyo v Mc Builders Limited (Employment and Labour Relations Petition E091 of 2022) [2024] KEELRC 2244 (KLR) (19 September 2024) (Judgment)

✦ The court finds that the Petitioner was not entitled to work in Kenya due to the lack of a work permit, and thus the employment relation was invalid. The court awards the Petitioner Ksh. 2,000,000.00 as compensation for violation of his rights.

Mutua v Kenya National Trading Corporation (Cause E169 of 2024) [2024] KEELRC 2237 (KLR) (19 September 2024) (Ruling)

✦ The Respondent shall compute and pay the Claimant's gratuity for the duration she served as its Managing Director and any outstanding leave days within 30 days. The Respondent shall bear the costs of the instant application.

Transmara Sugar Company Limited & another v Omwamba (Civil Appeal E017 of 2022) [2024] KEELRC 2249 (KLR) (19 September 2024) (Judgment)

✦ The appeal is successful to the extent that the award of Kshs396,000 in compensation is set aside. A new judgment is entered in favor of the respondent in the sum of Kshs353,050 plus interest from the date of the lower court judgment.

Juma v Robinson Investment Limited (Cause 185 of 2017) [2024] KEELRC 2229 (KLR) (19 September 2024) (Judgment)

✦ The court declares the dismissal of the claimant by the respondent wrongful, unfair, and unlawful and awards her Kshs 326,748.51 in compensation.

Munyoki v Collins M. Nthuni t/a Limcom Africonsultants (Cause 1571 of 2015) [2024] KEELRC 2220 (KLR) (19 September 2024) (Judgment)

✦ The Court finds in favor of the Claimant, awarding Kshs. 2,400,000 for unpaid salary as per the employment contract dated September 14, 2014.

Maina v Muriungi & 2 others (t/a Sheikh & Co Advocates) (Cause 23 of 2021) [2024] KEELRC 2252 (KLR) (19 September 2024) (Judgment)

✦ The court found the termination unfair and unlawful, and ordered the respondents to pay the claimant the unpaid commissions and leave pay.

Mwangi v Attorney General & 2 others (Petition E163 of 2022) [2024] KEELRC 2251 (KLR) (19 September 2024) (Judgment)

✦ The Petitioner’s case against the 1st Respondent is dismissed.

Njihia & 2 others v Kenya Road Hauliers Limited (Employment and Labour Relations Cause E318 of 2023) [2024] KEELRC 2228 (KLR) (19 September 2024) (Ruling)

✦ The Court reviews its previous decision and awards severance pay and leave pay to the Claimants as per the Respondent's computation.

Kenya Union of Commercial Food and Allied Workers v Maruti Office Supplies Limited (Cause E718 of 2020) [2024] KEELRC 2216 (KLR) (19 September 2024) (Judgment)

✦ The Claimant has failed to establish a case for recognition and its claim is dismissed.

Nairobi West Hospital v Krishnamurthy (Cause E573 of 2021) [2024] KEELRC 2257 (KLR) (19 September 2024) (Ruling)

✦ The court denied the stay of execution pending appeal, finding that the applicant has not demonstrated substantial loss and the timing of the application was not unreasonable.

Ndalo v Consolidated Bank of Kenya Limited (Employment and Labour Relations Cause E292 of 2024) [2024] KEELRC 2221 (KLR) (19 September 2024) (Ruling)

✦ The court holds that parties to an employment dispute can seek constitutional remedies, including conservatory orders, where the grievance involves a violation of a constitutional right.

Ndalo v Consolidated Bank of Kenya Limited (Environment & Land Case E292 of 2024) [2024] KEELRC 2226 (KLR) (19 September 2024) (Ruling)

Onenga t/a Omongo Gatune & Company Advocates v Kenya Tertiary and Schools Workers Union; ABSA Bank Limited (Garnishee) (Miscellaneous Application E150 of 2023) [2024] KEELRC 2224 (KLR) (19 September 2024) (Ruling)

✦ The court enters judgment for the Applicant against the Respondent for the sum of Ksh. 1,847,729.20 as per the Certificate of Costs dated 13th March 2024, and issues an order of Garnishee Absolute attaching the sum of Ksh. 346,069.55 to partially satisfy the Respondent's indebtedness to the Applicant.

Mugwe v Teachers Service Commission (Employment and Labour Relations Cause E1062 of 2021) [2024] KEELRC 13630 (KLR) (19 September 2024) (Judgment)

✦ The termination of employment was found to be unfair and wrongful.

Mutuku v Wine Company Limited (Cause E012 of 2022) [2024] KEELRC 2234 (KLR) (19 September 2024) (Judgment)

✦ The court declares that the respondent violated and breached the claimant’s rights as enshrined in Articles 27, 28, and 41 of the Constitution and awarded the claimant a global sum of Kshs 1,500,000 and compensation in the sum of Kshs 2,377,332.

Onyango v Kenya Defence Forces & another (Cause E662 of 2021) [2024] KEELRC 2205 (KLR) (19 September 2024) (Judgment)

✦ The Claimant's claim is dismissed as he failed to prove his entitlement to salary and benefits.

Njenga & 4 others v Motor Boutique Limited (Cause 1707, 1701, 1702, 1704, 1705 & 1706 of 2013 (Consolidated)) [2024] KEELRC 2206 (KLR) (19 September 2024) (Judgment)

✦ The termination of the Claimants' employment was unlawful and unfair.

Musili v Kenya Power and Lighting Company (Cause E310 of 2022) [2024] KEELRC 2245 (KLR) (19 September 2024) (Judgment)

✦ The Court found the termination to be unfair and unlawful.

Abere v Mini Bakeries (Nairobi) Limited (Cause E004 of 2024) [2024] KEELRC 2207 (KLR) (19 September 2024) (Judgment)

✦ The termination by redundancy is found to be unfair due to non-compliance with the statutory requirements of Section 40 of the Employment Act.

Wanyoike v Postal Corporation of Kenya (Cause 465 of 2016) [2024] KEELRC 2230 (KLR) (19 September 2024) (Judgment)

✦ The claimant's cause is hereby dismissed.