Kenyan case law

Cyrus Waithaka Wachira v Equity Bank Limited [2016] KEELRC 1520 (KLR)

✦ The Claimant's claim is not statute barred and is properly before the Court

Cosmas Otieno Magogo v Agricultural Finance Corporation [2016] KEELRC 1515 (KLR)

✦ The termination was valid and fair, and the suit is dismissed.

Charles Musyoki Wanza v Bhaghubhai Bhailal [2016] KEELRC 1508 (KLR)

✦ The Application is dismissed with costs.

Catherine Rotich Holden v Board of Governors,Nairobi International School & another [2016] KEELRC 1517 (KLR)

✦ The Court finds that the termination of employment was not for a valid reason and was not implemented in accordance with a fair procedure.

Julius Macharia Maina & another v Kenya Building, Construction, Timber & Funiture Industries Employees Union & 3 others [2016] KEELRC 1227 (KLR)

✦ The court upholds the elections conducted by the Respondents and finds no grounds for the Petitioners' applications.

Nyangiry O’kambaga Bwonditi v Ecobank (K) Limited [2016] KEELRC 1526 (KLR)

✦ The Court declines to make the orders sought in the motion dated 27 May 2015 as it has not met the threshold required for making the orders sought therein.

Banking Insurance & Finance Union (K) v Agricultural Finance Corporation [2016] KEELRC 1498 (KLR)

✦ The Hon. Deputy Registrar's ruling dismissing the Claimant's party and party Bill of Costs dated 23rd July 2015 for non-attendance lacks basis in law and is set aside ex debito justitae.

Kenya Scientific Research International Technical and Institutions Workers Union (Ksritaiwu) v Healthy (U) 2000 Limited [2016] KEELRC 1514 (KLR)

✦ The court held that the employees are health advisors and nutritionists in job category '7' and should be remunerated accordingly.

Sammy Ojanda Lukose v Mahitaji Enterprise Co-Operatives Ltd [2016] KEELRC 1529 (KLR)

✦ The Court ordered the respondent to compensate the claimant for wrongful dismissal and unfair termination of services.

Nesford Mwakisha Mwadime v P.N. Mashru Limited [2016] KEELRC 1525 (KLR)

✦ Claimant's claim is improperly before the Court and is hereby struck out, with no order on the costs.

Peter Makau Mboka v M/S Appolo Tours And Travel Limited [2016] KEELRC 1499 (KLR)

✦ The court dismissed the suit with costs, finding that the Claimant was not owed the terminal benefits and that the termination was not for a valid reason.

Chrisantus Shiwundu Nangira v Brinks Security Services Litd [2016] KEELRC 1516 (KLR)

✦ The dismissal was wrongful and unfair, and the Claimant is entitled to compensation.

Nancy W. Ngatia v Kenya Ports Authority [2016] KEELRC 1533 (KLR)

✦ The termination of the Claimant's contract was through the consent of the Parties contained in the letter dated 22nd January 2004. The Respondent should have paid the Claimant her terminal benefits and pension calculated up to the 22nd January 2004.

Alex Musembi Mulili v Jacob Nzioki Kwesi & 3 others [2016] KEELRC 1510 (KLR)

✦ The Claimant was an employee, not on attachment. He was dismissed without notice and without compensation, and is entitled to compensation and other remedies.

Joseph Munene Murage v Salome Ndung’u [2016] KEELRC 1228 (KLR)

✦ The dismissal was unfair and unlawful due to lack of procedural requirements and fair reasons. The court awards compensation and other remedies.

Rajab Barasa & 4 others v Kenya Meat Commission [2016] KEELRC 1190 (KLR)

✦ Interim injunctions are denied as the contracts have been renewed and the recruitment process has been completed.

Bakery, Confectionery, Food Manufacturing and Allied Workers Union (Kenya) v Mzuri Sweets Limited [2016] KEELRC 1521 (KLR)

✦ The Court upholds the findings and recommendations of the County Labour Office and orders the Respondent to execute a Recognition Agreement granting the Claimant Union recognition.

Bakery, Confectionery, Food Manufacturing and Allied Workers Union [K] v Mombasa Maize Millers Limited & 3 others [2016] KEELRC 1532 (KLR)

✦ Balloting shall be conducted to determine which Union the Respondents' Employees wish to be represented by.

Kudheiha Workers v Technical University of Kenya [2016] KEELRC 1246 (KLR)

✦ The Court finds that the Claimant union lacks standing to file the current claim as the proceedings have been undertaken in disregard of the legal hurdle of Cause No. 408 of 2011, which was not addressed by the Respondent.

Albert Chivini Mwirotsi & 2 Others v Registrar of Trade Union & 2 Others [2016] KEELRC 1202 (KLR)

✦ The elections held by the 2nd Respondent for Mt. Kenya South East Branch on 9th January 2016 are null and void ab initio.

Charles Muturi Mwangi v Invesco Assurance Company Limited [2016] KEELRC 1422 (KLR)

✦ The Court finds that the claim is not time barred and that the Claimant was within the limitation period from May 5, 2009, to February 2, 2011.

Johnson N. Konga v Moi University [2016] KEELRC 1558 (KLR)

✦ The claimant's suit is time barred and dismissed

Esther Vujede Lumadede v Benedicte Tichit [2016] KEELRC 1419 (KLR)

Charles A. Songoro v Chana Wu Yi Limited [2016] KEELRC 1549 (KLR)

✦ The Court finds the Claimant was an employee from 2009 to 2011, and his termination was unlawful and unfair. The Court awards the Claimant 1 months' salary in lieu of notice, leave for 2 years, service pay for 2 years, and 12 months compensation for unlawful termination.

Kenya Chemical & Allied Workers Union v Noble Gases Limited (Cause 1179 of 2011) [2016] KEELRC 1543 (KLR) (Employment and Labour) (14 March 2016) (Judgment)

✦ The Court allows the application on condition that the Applicants deposit the entire decretal sum in an interest earning account held in the joint names of the Parties/their Counsels/Union within 30 days. In default, execution to issue.