Kenyan case law

Wilfred Otieno Okoth v County Government of Kisumu & 6 others [2014] KEELRC 1380 (KLR)

William Nyamawi Gambo v Krystalline Salt Ltd [2014] KEELRC 1246 (KLR)

✦ The dismissal was unfair

Howard Andrew Nyerere v Kenya Airways Limited [2014] KEELRC 902 (KLR)

✦ The termination of employment was deemed unfair as the employer failed to prove the reason for termination was valid and fair.

Wilfred Otieno Okoth v County Govt of Kisumu & 2 others [2014] KEELRC 1503 (KLR)

✦ The court finds that the re-advertising of the position was unfair administrative action and violates the Constitution.

Wilfred Kyallo Kangulyu v Tetra Pak Limited [2014] KEELRC 247 (KLR)

✦ The Court finds no liability owing to the Claimant from the Respondent, but orders the Respondent to pay damages for unlawful termination, notice pay, annual leave, and acting allowance.

Kenya Plantation and Agricultural Workers' Union v Harvest Limited [2014] KEELRC 1099 (KLR)

✦ The court finds that the redundancy exercise was procedurally unfair and that the respondent has not complied with the Employment Act, 2007.

Henry Mang’erere Nduta v Roadstar Limited [2014] KEELRC 477 (KLR)

Amalgamated Union of Kenya Metal Workers v Civicon Limited [2014] KEELRC 508 (KLR)

Amalgamated Union of Kenya Metal Works v Jay Kay Mechanical Limited [2014] KEELRC 312 (KLR)

Alice Njoki Miringu v Barclays Bank of Kenya Limited [2014] KEELRC 744 (KLR)

George Ochieng Amolo v Bidco Oil Refineries [2014] KEELRC 584 (KLR)

✦ Claimant was employed on a monthly basis, and his termination was found to be unfair.

Ibrahim Momanyi Okeri v Kenya Forestry Research Institute [2014] KEELRC 886 (KLR)

✦ Interim injunction granted

Kenya Union of Commercial Food & Allied Workers v Pembe Flour Mills Limited [2014] KEELRC 450 (KLR)

Joab Mehta Oudia v Coffee Development Board of Trustees [2014] KEELRC 698 (KLR)

✦ The Court finds that the Claimant was under probation at the time of termination and that the Respondent had valid reasons for terminating the Claimant's contract of employment. The Court orders that the Respondent is not required to provide interim reinstatement, stay of termination, or orders barring the Respondent from proceeding to fill the position held by the Claimant.

Godfrey Njunge Samuel v G4s Security Services Ltd [2014] KEELRC 1071 (KLR)

✦ The Court upheld the earlier judgment, finding no error on the face of the record and that the judgment was in compliance with the Trade Disputes Act (repealed).

Jared Owino Wanagwe v Krystalline Salt Ltd [2014] KEELRC 300 (KLR)

Jacqueline Kwamboka v International Energy Technik Limited [2014] KEELRC 596 (KLR)

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

Shlomo Jerome v Hacienda Development Holdings Ltd [2014] KEELRC 421 (KLR)

Wycliffe Makhoha Ouma v Security Guards Services Limited [2014] KEELRC 859 (KLR)

✦ The Court found in favor of the Claimant, awarding service pay, severance pay, leave pay, and compensation.

James Musembi Mweu v Buzeki Enterprises Limited [2014] KEELRC 373 (KLR)

✦ The termination was found to be a case of constructive dismissal and contrary to the Employment Act, leading to an unfair dismissal.

Fred A. Odhiambo v Attorney General & another [2014] KEELRC 440 (KLR)

✦ The appeal is dismissed with costs as the 1st Respondent was not the employer and there is no legal basis for apportionment of liability.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Flamingo Hill Tented Camp [2014] KEELRC 1362 (KLR)

✦ KUDHEIHA failed to demonstrate a simple majority of unionisable employees, and the Respondent violated the law by refusing to deduct and remit union subscriptions.

James Jeff Juma & 3 others v Mini Bakeries Ltd [2014] KEELRC 1222 (KLR)

✦ Both the application and preliminary objection have no merit and are dismissed with costs to the claimant respondents.

Transport And Allied Workers Union v Everest Enterprises Limited [2014] KEELRC 702 (KLR)

✦ The Court dismissed the claim as the Claim was improperly filed and the Reliefs sought are barred under Section 90 of the Labour Relations Act.

William Opondo & 2 others v David Muli & 4 others [2014] KEELRC 1305 (KLR)

✦ The application filed by John Simiyu is dismissed as he is not the authorised officer of the Union and lacks the requisite appointment.