Kenyan case law

Abok James Odera v National Housing Corporation [2020] KEELRC 1533 (KLR)

✦ The Claimant's contract expired by effluxion of time and not through unfair termination of the contract. The Claimant is indebted to the Respondent in the sum of Kshs 437,360/15.

Julie Kariuki v Dyer & Blair Investment Bank [2020] KEELRC 1539 (KLR)

✦ The Court finds and holds that the Respondent failed to prove that summary dismissal of the Claimant was for valid and fair reasons.

Peter Mutungwa Ngalu v Centre for Wildlife Management Studies Ltd [2020] KEELRC 1486 (KLR)

✦ The Court finds the dismissal wrongful and awards 1-month pay in lieu of notice and accrued leave.

Grace Muthoni Muhoro v Githunguri Dairy and Community Sacco Limited [2020] KEELRC 1446 (KLR)

✦ The termination was found to be unfair and unlawful.

Dzila v County Assembly of Kwale & another (Cause 99 of 2019) [2020] KEELRC 1537 (KLR) (28 February 2020) (Ruling)

✦ The Court orders the reinstatement of the Claimant with immediate effect, payment of back-salary, and no interference with his duties as Clerk, unless removal procedures are followed.

Kenya Union of Commercial Food and Allied Union Workers v Galot Estate Kiambu & 2 others [2020] KEELRC 1427 (KLR)

✦ The court declines to grant the orders sought and orders the main claim to proceed unless otherwise ordered by the Court of Appeal.

Albert Mwilitsa v Attorney General [2020] KEELRC 1488 (KLR)

✦ The revocation of the Claimant's appointment was fair and lawful.

James Njuki Michuki v Kenya Power and Lighting Company Limited [2020] KEELRC 1399 (KLR)

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

Proscovia Vitsengwa v Chairperson Kenya Railway Corporation Board &4 others; Attorney General(Interested Party) [2020] KEELRC 1448 (KLR)

✦ The Managing Director and General Manager Human Resources and Administration are cited for contempt and ordered to be punished by way of imprisonment and/or fined.

David Okinyi Owuor v Super Security Limited [2020] KEELRC 1473 (KLR)

✦ Claimant resigned on his own motion, and the Respondent is only liable for underpayment of salary and overtime pay.

Lawrence Ojwang Athiambo v Rafiki wa Maendeleo Trust [2020] KEELRC 1496 (KLR)

✦ The court held that the claimant was not entitled to any notice to show cause nor a hearing before the probationary period was terminated.

Peter Kimeu Mose & 13 others v Hotel Mang [2020] KEELRC 1380 (KLR)

✦ The Court finds that the Respondents' advocate was not properly on record to file the Consent Judgment, and the Consent Judgment dated 27 January 2016 was not adopted by the Court. The Court grants a stay of execution pending the hearing of the application.

Job Mukhebi Mutoro v Kitale Vocational Training Centre [2020] KEELRC 1540 (KLR)

✦ The court awards a total of Kshs. 856,046 to the claimant, including compensation for unlawful termination, leave days, and underpayments.

Lucy Wanjiru Kariuk v County Assembly of Nakuru & 2 others; County Government of Nakuru (Interested Party) [2020] KEELRC 1416 (KLR)

✦ Proceedings for the removal of the petitioner were unconstitutional and illegal

Rosejeddy Achieng Odede v China Dalian International Economic and Technical Group Ltd Bachuma Gate Project; CAS Consultant Engineering Ltd(Interested Party) [2020] KEELRC 1499 (KLR)

✦ Claimant's claim for overtime compensation is dismissed

Nelson Erick Mzee v Panal Freighters Ltd [2020] KEELRC 1378 (KLR)

✦ The Claimant has proved a case of unlawful termination of employment and is entitled to compensation.

Peter Ogweno Onyango v Metal Equipment Engineering Company Limited [2020] KEELRC 1373 (KLR)

✦ Claimant served the Respondent longer than 3 months and his termination was done without due process. Claimant is awarded salary for May 2013, 10 months' salary as compensation for unlawful and unfair termination, and costs of the suit.

Betty Osiako v Timsales Limited [2020] KEELRC 1401 (KLR)

✦ The court dismissed the claimant's application for leave to enlarge time as the claim was filed out of time

Cyrus Mangala Ashiono v Giriraj Construction Company [2020] KEELRC 1405 (KLR)

✦ The Court finds the claimant's claim fails as he did not prove an employment relationship with the respondent.

John Musyoki Kyengo v Badar Hardware Limited [2020] KEELRC 1543 (KLR)

✦ The Court finds the Claimant's termination was not unfair and rejects the claim.

Kenya National Union of Nurses v National Industrial Credit (NIC Bank) & 5 others [2020] KEELRC 1474 (KLR)

✦ The court finds the orders sought merited and reinstates the claim for hearing, including the orders of 22/3/2018 freezing the bank account No. [....] being operated in the 1st Respondent’s bank.

Kenya Engineering Workers Union v Napro Industries Limited [2020] KEELRC 1406 (KLR)

✦ The court dismissed the application for interim orders and contempt of court, directing the parties to proceed with the main claim on merits.

Moses Kimuli Kumonga v Grain Bulk Handlers Ltd [2020] KEELRC 1536 (KLR)

✦ The Court found the Claimant's dismissal to be lawful and fair, and denied his request for remedies.

Sammy Gitau Ndiiro & 2 others v Golden Cara Investment Limited [2020] KEELRC 1480 (KLR)

✦ The court finds the termination of employment to be unfair and orders the respondent to pay the claimants the following: Notice pay, leave, gratuity, salary for April and May, 2016, house allowance, and salary deductions.

Elizabeth Ominde & 5 others v Kakamega County Government & another [2020] KEELRC 1487 (KLR)