Kenyan case law

Kenya Plantation & Agricultural Workers Union v Karaturi Ltd (In Receivership) & Kieran Day & another [2015] KEELRC 1441 (KLR)

✦ The Court dismisses both applications dated 30 July 2014 and 17 October 2014 with no order as to costs because of the social partnership between the parties.

Naftaly Rugara Muiga v Jomo Kenyatta University of Agriculture and Technology (JKUAT) [2015] KEELRC 1422 (KLR)

✦ The Court orders the petitioner's reinstatement to service without loss of salary, benefits, and seniority, and benefits from routine promotions and salary increments.

B.M.O v Ecobank Kenya [2015] KEELRC 1436 (KLR)

✦ The application has no merit and is hereby dismissed

Daniel Maina Wanyoike v Kenya Power & Lighting Co. Ltd [2015] KEELRC 1444 (KLR)

✦ The Court found that the termination of the Claimant's services was fair and appropriate, and that the termination was not unlawful, unfair, or premature.

Catherine Monthe Nzila v Kenya Commercial Bank Limited [2015] KEELRC 1395 (KLR)

✦ The application for stay of execution is dismissed with costs.

David Mbugua v Keroche Breweries Ltd [2015] KEELRC 1443 (KLR)

✦ The Court finds that the termination of the Claimant's contract was procedurally unfair and awards him 9 months wages as compensation, Kshs 1,080,000.

Michael Kimani Mwaniki & another v Ngotho Commercial Agencies Ltd [2015] KEELRC 1445 (KLR)

✦ The court declines to review the judgment but computes and orders the compensation based on the salaries proved in court

Joseph Isagi Nyando v Imagine Imc Limited [2015] KEELRC 1421 (KLR)

✦ The termination was not justified and the Claimant is entitled to damages and house allowance.

Catherine Wanja Njeru v Kenya Post Office Savings Bank [2015] KEELRC 1558 (KLR)

✦ The termination was not justified as the employer failed to prove the reasons for termination and did not adhere to the fair rules of natural justice.

Nicola Munene v Neural Digital Broadcasting Limited T/A Radio Umoja [2015] KEELRC 1417 (KLR)

✦ The court finds in favor of the claimant and awards her compensation for unpaid salary, leave days, and six months wages for unfair termination.

Nahashon Cheruiyot Ngeno v Strengthening of Mathematics & Science Education Project & another [2015] KEELRC 1440 (KLR)

✦ The Court finds that the termination of the Claimant's employment was unlawful and unprocedural, and the 2nd Respondent is vicariously liable for the 1st Respondent's wrongful act.

Rachel Chepkorir Maru & another v Board of Governors Rift Valley Adventist Secondary School [2015] KEELRC 1210 (KLR)

✦ The Court dismissed the application for review

Isaac Makanga Opisa v Fun Nan Shop Limited [2015] KEELRC 1401 (KLR)

✦ termination of employment was unfair

Kenya County Government Workers Union (Previously the Kenya Local Government Workers Union) Uasin Gishu Branch & another v Eldoret Water and Sanitation Co. Ltd [2015] KEELRC 1467 (KLR)

✦ The Court finds that the Respondent is not a party to the 2012 Collective Bargaining Agreement and cannot be bound by it.

Kenya National Union of Nurses v Public Service Commission & 3 others [2015] KEELRC 1464 (KLR)

✦ The motion is dismissed with no order as to costs. The Court finds it not appropriate to grant the prayers sought in the motion dated 8 December 2014.

Mayega Chagara v Rai Plywood (Kenya) Limited [2015] KEELRC 1468 (KLR)

✦ The review application is dismissed with costs to the Respondent

Lucy Nyandia Mwangi v Mathenge & Muchemi Advocates & another [2015] KEELRC 1540 (KLR)

✦ The Application for joinder is allowed to enable conclusion of the pending proceedings in this matter.

Kenya Shoe & Leather Workers Union v Crown Industries Limited [2015] KEELRC 1538 (KLR)

✦ The Application is granted pending the hearing and determination of the Appeal.

Elvis Isangi Mwandembo v Steel Makers Ltd [2015] KEELRC 1448 (KLR)

✦ The defendant's failure to file documents was not deliberate but due to difficulty in retrieving them. The court reviews the order closing the defendant's case and sets it aside, allowing the defendant to reopen the case.

Leonard Atebe Hamisi v Crest Security Services Ltd [2015] KEELRC 1451 (KLR)

✦ The claimant is not entitled to compensation for unfair termination or pay in lieu of notice. However, he is entitled to leave, underpayment, house allowance, and gratuity.

Benard Mukolwe & 122 others v Karuturi Limited (In receivership) & 4 others [2015] KEELRC 1462 (KLR)

✦ The motion for temporary injunction is dismissed as the Claimants have not met the test for the grant of injunctive relief.

Micheal Akeyo & 3 others v Telecom Kenya Limited & another [2015] KEELRC 1461 (KLR)

✦ The application to confirm the injunction pending the hearing and determination of the main suit is dismissed.

Michael Aloyo v Owl Alarms Limited [2015] KEELRC 1447 (KLR)

✦ The termination was wrongful and the court awards the claimant salary in lieu of notice, pay in lieu of 32 leave days, salary arrears, and service pay.

Elvis Kipchumba v M.C. Toet Transporters Limited [2015] KEELRC 1466 (KLR)

Oyangi Zachary v Nairobi West Hospital Limited [2015] KEELRC 1390 (KLR)

✦ The Court finds the termination unfair and orders compensation for the claimant