Kenyan case law

Philemon Atik v Nairobi City Water and Sewerage Company [2019] KEELRC 1475 (KLR)

✦ The Court found the dismissal to be wrongful and unfair.

Beatrice Cheruto Pochora v Kenya County Government Workers Union & 11 others [2019] KEELRC 1497 (KLR)

✦ Claimant's claim is dismissed as the elections were registered by the Registrar of Trade Unions, and the claim was filed after the registration.

Nairobi City County Government v Kenya County Government Workers Union; Salaries and Remuneration Commission(Interested Party/Applicant) [2019] KEELRC 1522 (KLR)

✦ The Court ordered the Interested Party to be joined as an Interested Party and issued an order of stay of the implementation of the 2017-2019 Collective Bargaining Agreement pending the hearing and determination of the application.

Luke Kinyua Kamunti v Amigos Nuts and Commodities Limited [2019] KEELRC 1639 (KLR)

✦ Termination was unfair due to lack of procedural compliance with the Employment Act

Boniface Francis Mwangi v B.O.M. Iyego Secondary School [2019] KEELRC 1621 (KLR)

✦ The Claimant was constructively dismissed and is entitled to one month's salary in lieu, 6 months' damages, costs of the suit, and interest at court rates.

Edward Mwangi Njihia & 4 others v Sushila Devi Gautama (As Legal Representative of the Estate of Satish Gautama Advocate) [2019] KEELRC 1626 (KLR)

✦ The claimants are entitled to service pay of Kshs.765,000 for the period they were not members of NSSF.

Samuel Mungai Kahiu & another v Kenya Breweries Limited [2019] KEELRC 1466 (KLR)

✦ The court finds and holds that the claimants have failed to prove their claim against the respondent and the same is hereby dismissed with costs.

Joseph Kipkemboi Tanui v Chief of Defence Forces & 2 others [2019] KEELRC 1523 (KLR)

✦ Application to set aside consent order and reopen pleadings is denied

Kenneth Wanjohi Kareithi v Olympia Capital Holdings Limited [2019] KEELRC 1590 (KLR)

✦ The Court finds the termination was not unfair or unlawful and dismisses the claimant's prayer for a declaration of unfair termination. The Court orders the respondent to pay the claimant Kshs. 233,750 for the advertisement payment and refunds the deducted amount.

John Muriithi Muriuki v Ms Hazel Holmes & 5 others [2019] KEELRC 1601 (KLR)

✦ The Claimant’s notice of motion application is completely devoid of merit and is accordingly dismissed with costs to the Respondent.

Koki Muia v Samsung Electronics E.A. Limited [2019] KEELRC 1586 (KLR)

✦ The application is dismissed with costs to the respondent.

Mary Wairimu Gitindi v Kenya National Union of Nurses; Upstate Kenya Auctioneers (Interested Party) [2019] KEELRC 1644 (KLR)

✦ The motion is devoid of merit, an abuse of the court process, and is dismissed with costs to the Claimant.

Peter Lukukhwa Akhura v Mars Security Guards Limited [2019] KEELRC 1463 (KLR)

✦ Claimant's service was procedurally terminated and for valid reasons, claim dismissed without merit

Pius Juma Otieno v D. Manji Construction Limited [2019] KEELRC 1628 (KLR)

✦ The court finds the dismissal unfair and awards the claimant 12 months' salary, Kshs. 7,500 for days worked in March 2015, and Kshs. 194,390.67 in total. The respondent is ordered to pay 75% of the claimant's costs.

Panyako Kefa Emojong v Devki Steel Mills Ltd [2019] KEELRC 1502 (KLR)

✦ The court grants the review application and directs that the issue be pursued with assistance of Kenya Revenue Authority

Henry Kamau Nyaga & 3 others v Waiganjo Investments Limited [2019] KEELRC 1534 (KLR)

✦ The court found that the dismissals were unfair and ordered compensation for the claimants.

Moses Gichuhi Gateru v Njuca Consolidated Company Limited [2019] KEELRC 1571 (KLR)

✦ Dismissal is unlawful and the claim is dismissed.

Ruth Ngina v Equity Bank Limited [2019] KEELRC 1370 (KLR)

✦ The court declines to issue the injunction but directs the claimant to continue servicing the loan as per staff rates. In default, the respondent has the liberty to enforce the loan agreement.

Ireri v Board of Management SA Kyeni Girls Secondary School (Cause 85 of 2016) [2019] KEELRC 2621 (KLR) (24 May 2019) (Ruling)

✦ The Respondent/Applicant is not entitled to seek relief upon proclamation and attachment of school assets as the Respondent/Applicant is not the Government and the provisions of Order 29 Rule 2(2) do not apply to the Respondent/Applicant.

Pius Wanjala v Public Service Commission & 3 others; Fred Siyoi & another (Interested Parties) [2019] KEELRC 1504 (KLR)

✦ The court disallows the preliminary objection and orders the removal of Dr. Siyoi from acting or serving as the substantive Chief Pharmacist and Registrar of the Board.

Rahab Sheila Nyanjau Karuga v Murang’a County Government [2019] KEELRC 1612 (KLR)

✦ Claimant is awarded 3 months' salary in lieu of notice, a certificate of service, and costs of the suit. Interest on the sum in lieu of notice is ordered from the date of judgment till payment in full.

Collins Githinji Mutaha v Widrups Group Limited & another [2019] KEELRC 1524 (KLR)

Joshua Rodney Marimba v Kenya Revenue Authority [2019] KEELRC 1633 (KLR)

✦ The termination was not unfair and the claimant is not entitled to the reliefs sought.

Erick Mbae v Muthiru Dairy Farmers Co-Operative Society Ltd [2019] KEELRC 1623 (KLR)

✦ Claimant was only employed in September 2012 when the Respondent was registered. Termination was unfair and unlawful. Claimant is entitled to compensation and costs.

Joseph Njagi Mwita & 4 others v Barclays Bank Limited [2019] KEELRC 1597 (KLR)

✦ The court denied the interlocutory injunction as the claimants are not desirous of going back to the respondent's employment.