Kenyan case law
-
Daniel Sirengo Wakhungu v Sawa Sawa Academy [2015] KEELRC 1408 (KLR)
✦ Termination was valid but procedurally flawed, and the Respondent is ordered to pay 1 month salary in compensation for unfair termination.
-
Danson Gichangi Wangai & 6 others v Director, Lesiolo Grain Handlers Ltd [2015] KEELRC 1404 (KLR)
✦ The Court determined the employment dates and occupations of the Claimants, finding that they were Process Minders and not Machine Attendants as initially claimed.
-
Moses Ochieng Musa v Kisumu Water & Sewerage Co. Ltd (Miscellaneous Application 2 of 2014) [2015] KEELRC 1383 (KLR) (27 February 2015) (Ruling)
✦ The application lacks merit and is dismissed.
-
Josephat Bwire Lukale & 5 others v Premier Construction Limited [2015] KEELRC 1195 (KLR)
✦ The Court found in favor of the Claimants and ordered the Respondent to pay damages for wrongful termination, leave pay, and notice.
-
Josephat Ochenja Mwachuma v Babs Security Services Limited [2015] KEELRC 1545 (KLR)
✦ Claimant awarded six (6) months' salary as compensation for unlawful and unfair dismissal in the sum of Ksh.45,000.00, totaling Ksh.62,000.00.
-
Elizabeth Tumaini Adhola v Management Board of St. Mary’s School [2015] KEELRC 1547 (KLR)
✦ The Court held that the termination was not a redundancy and thus the Defendant was not bound to observe Section 16A of the repealed Cap 226.
-
Nicholas Kaitano v Data Rush Services Limited [2015] KEELRC 1392 (KLR)
✦ The Court finds the dismissal was unfair and wrongful, and awards compensation.
-
Julius Njagi Kathuri v Attorney General [2015] KEELRC 1437 (KLR)
✦ Claimant's claim is not time-barred and is not subject to limitation as it arises from alleged violation of fundamental rights and freedoms
-
John Kipkurui Cheruiyot v Equity Bank [2015] KEELRC 1546 (KLR)
✦ The Application is dismissed due to the delay and failure to comply with the rules of the court.
-
Daniel Okoth v Kenya National Commission on Human Rights [2015] KEELRC 1381 (KLR)
✦ Application for review of judgment dismissed
-
John Kennedy Ongadi v Kenya Power & Lighting Co Limited [2015] KEELRC 1551 (KLR)
✦ The termination was not for a valid reason and was not done following a fair procedure.
-
Peter Mutisya Musembi & another v National Bank of Kenya Limited [2015] KEELRC 1411 (KLR)
✦ The Court ordered the respondent to restrain from reviewing, revising, converting, or changing the preferential rates of interest on the claimant's loan facility to market rates pending the hearing and final determination of the suit.
-
Nyagaka v Agriculture & Livestock Limited (Cause 1375 of 2011) [2015] KEELRC 1552 (KLR) (25 February 2015) (Ruling)
✦ The application for stay of the ruling of the Court delivered on 13th November 2014 pending the hearing of the intended appeal is refused with costs.
-
Khaemba Wycliff Nyongesa v General Plastics Limited [2015] KEELRC 1543 (KLR)
✦ The court awards the Claimant 2 months' salary in lieu of notice in the sum of Ksh.62,332.00, costs of the suit, and the award is payable with interest at court rates from the date of judgment till payment in full.
-
James Ontori Orwochi v Hipora Business Solution (Ea) Limited [2015] KEELRC 1399 (KLR)
✦ The court finds that the Claimant resigned from work on his own account and is entitled to the remedies of 16 days leave, public holidays, lunch deductions, and issuance of a Certificate of Service.
-
Stephen Mutwiwa Masika,James Njihia,Simon Kigalu & Transport Workers’ Union (Kenya) v Titus W Khaemba & Registrar of Trade Union (Cause 1265 of 2014) [2015] KEELRC 1357 (KLR) (Employment and Labour) (24 February 2015) (Ruling)
✦ The application is dismissed. The claimants are ordered to address the issue of the deceased 3rd Claimant during the pendency of the claim. Both parties are to appoint a person to be present at the convened meeting. The meeting will be held within 21 days to appoint a General Secretary of the Union.
-
Justus Mukhwana Sebhi v Barclays Bank of Kenya [2015] KEELRC 1223 (KLR)
✦ The Court denies the application for leave to file a suit out of time.
-
Athumani Lali v Nyali International Beach Hotel [2015] KEELRC 1406 (KLR)
✦ The Court upholds the Preliminary Objection and dismisses the application, with costs to the Respondent.
-
Patrick Nyoro Njuguna v East African Portland Cement Co. Ltd [2015] KEELRC 1385 (KLR)
✦ The court held that the gratuity is a normal pension benefit and not exempt from income tax, thus the respondent must pay the claimant the retained tax along with interest.
-
Paul Chitechi Mwaro v Sasini Limited & another [2015] KEELRC 1439 (KLR)
✦ The Court found the resignation was not voluntary and ruled in favor of the Respondents.
-
Judy W Munyinyi v TBN Family Media Limited [2015] KEELRC 1419 (KLR)
✦ The Court declines to set aside the judgment of Justice Rika delivered on November 7, 2014, and dismisses the application with costs.
-
Kudheiha Workers v Ebusiratsi Sec School [2015] KEELRC 1548 (KLR)
✦ The court found that the respondent's actions constituted interference with the claimant's members' right of association and ordered the respondent to rectify the situation.
-
Kenya National Private Security Workers’ Union v Homeland Security Services Limited [2015] KEELRC 1430 (KLR)
✦ The court finds that there was termination of employment and that the termination was unfair, wrongful, and unlawful.
-
Kenya National Union Of Nurses v Kenyatta National Hospital Board [2015] KEELRC 1428 (KLR)
✦ The application and the entire suit are dismissed. The Intended Interested Party is enjoined as a party to this suit.
-
Kenya Union of Sugar Plantation & Allied Workers v Sony Sugar Company Ltd [2015] KEELRC 1542 (KLR)
✦ The court dismissed the claimant's request for the reinstatement of the claimants and ordered costs of the suit.