Kenyan case law

George Alex Otieno v Texas Alarms Security [K] Ltd [2017] KEELRC 1568 (KLR)

✦ The court awards the claimant ksh.21900 for salary arrears from October 2015 and 15 days' salary in lieu of notice for November 2015. The claimant is not entitled to the other reliefs.

Kenya Hotels & Allied Workers Union v Enashipai Resort & Spa [2017] KEELRC 1576 (KLR)

✦ The Court dismissed the Union's application for execution by contempt and ordered the Union to pay KUDHEIHA's costs. The Court found the application premature and directed the hearing of the Respondent's application.

Kenya Union of Domestic, Hotels, Educational Institutions and Hospitalworkers v Bom Cheptuech Secondary School [2017] KEELRC 1581 (KLR)

✦ The Court finds that the termination of employment was based on valid and fair reasons and dismisses the cause with an order that each party bears its own costs.

James Andako v National Industrial Training Authority [2017] KEELRC 1580 (KLR)

✦ The claimant's application for an injunction is declined, and the balance of convenience tilts in favor of the respondent.

Alex Masau Ndaisi v Texas Alarm [K] Ltd [2017] KEELRC 1563 (KLR)

✦ The claimant is found to have voluntarily resigned, and the prayer for salary in lieu of notice and compensation for unfair termination is dismissed.

Fatuma Abdi v Kenya School of Monetary Studies [2017] KEELRC 1245 (KLR)

✦ The Court finds that the termination of the contract was unjustified and awards the Claimant notice pay, service pay, and 12 months compensation.

G J K v KPMG Advisory Services [2017] KEELRC 1236 (KLR)

✦ The court finds that the termination was not lawfully terminated and that the disciplinary process was illegal. The court revokes the forced termination and orders the respondent to cease any illegal actions.

Patrick Kiilu Munyau v Thika Nursing Home [2017] KEELRC 1237 (KLR)

✦ The court finds the dismissal unfair and unjustified, and awards the claimant the following: 21,500 Kshs. for annual leave, 21,500 Kshs. for unpaid leave, 258,000 Kshs. for compensation, and 1000 Kshs. for pension contributions.

Dorothy Vivian Ogutu v Mumias Sugar Company Limited [2017] KEELRC 1424 (KLR)

✦ Claimant's termination was not valid and fair.

Angela Wokabi Muoki v Tribe Hotel Ltd [2017] KEELRC 1266 (KLR)

✦ The court will not set aside its judgment of 29th September, 2016 as there is no defence on the merits that must succeed.

Catherine Misikhu Khatimba v Mt. Elgon Orchards Limited [2017] KEELRC 1408 (KLR)

✦ The court found the termination of the claimant's employment to be unfair and awarded her compensation for unfair termination in the sum of Shs.145,220 based on a salary of Shs.36,305 in her payslip for the month of February 2012.

Jimna Mwangi Gichanga v Attorney General [2017] KEELRC 1271 (KLR)

✦ The court dismisses the application and awards costs to the Respondent.

Lilian Muthiga v Next Technologies Ltd [2017] KEELRC 1248 (KLR)

✦ The termination was unfair and without justifiable cause, as the claimant was not given a fair hearing in accordance with the Employment Act.

Nicholas Morara Asuga v Kenya Revenue Authority [2017] KEELRC 1258 (KLR)

✦ Claim is statute barred and dismissed

Catherine Mbithe Maingi v [Dilip] Shah [2017] KEELRC 1260 (KLR)

✦ No compensation is due for wrongful termination as the Claimant did not address her absence from work for a month.

Justina Mutitu Nyaga v Kenya Civil Aviation Authority [2017] KEELRC 405 (KLR)

✦ The court found that the claimant was not entitled to the acting allowance of 15% of her basic salary as per the 2003 Human Resource Manual, as the respondent did not issue new and appropriate directions to the claimant regarding the change in the manual.

Eric Cheruiyot & 7 others v Independent Electoral and Boundaries Commission & 7 others [2017] KEELRC 1582 (KLR)

✦ The court declares Section 43(5) and (6) of the Elections Act, 2011 unconstitutional.

Kenya Building, Construction, Timber and Furniture Industries Employees Union v Rai Plywoods (K) Limited [2017] KEELRC 1610 (KLR)

✦ The Court dismissed the claims with no orders as to costs.

Elias Gatimba v Meru Multipurpose Co-operative Society Limited [2017] KEELRC 1605 (KLR)

Juliet Ndinda Kitavi v Nation Media Group Ltd [2017] KEELRC 1590 (KLR)

✦ Respondent granted 14 days to file a Statement of Response and leave to respond to the Claim. Costs of Kshs. 25,000 are awarded to the Claimant.

Kenya Engineering Workers Union v Kenya Marine Contractors EPZ [2017] KEELRC 1606 (KLR)

✦ The application is rejected, and the judgment is not stayed. The Respondent is ordered to pay redundancy benefits to the Claimant's members.

Paul Leboo v David Mututo Mumo & another [2017] KEELRC 1594 (KLR)

✦ The court allows the application but orders that the judgement debtor makes a lumpsum of Kshs 200,000/= as the first instalment within fifteen days of this order and thereafter by a monthly instalment of Kshs 100,000/= with effect from end April, 2017 and subsequent instalments at the end of each succeeding month until payment in full.

Aboud Suleiman Salim v Kenya Power & Lighting Company Limited [2017] KEELRC 1596 (KLR)

✦ The petition is consolidated with the current case and will proceed under the E&LR Court's procedures.

Abubakar Ali v Egerton University [2017] KEELRC 1608 (KLR)

✦ The Preliminary Objection is upheld and the Memorandum of Claim is struck off.

Joseph Mulinge v Gayes Kitchen Limited [2017] KEELRC 1586 (KLR)

✦ The application is dismissed with costs.