Kenyan case law

Republic v Director, Kenya Forestry Research Institute (Kefri) & another Ex-parte Gabriel Mukuria Muturi [2019] KEELRC 1555 (KLR)

✦ The court dismissed the application, finding that the appointment was lawful and that the applicant did not meet the qualifications.

Benjamin Mutua Munywoki v Andy Forwarders Services Limited [2019] KEELRC 1472 (KLR)

✦ The court finds the termination of the claimant's contract invalid and orders compensation for unfair termination of service

Board of Trustees, Kenya Broadcasting Corporation (KBC) Staff Retirement Benefits Scheme (Suing on behalf of the Scheme) v Kenya Broadcasting Corporation [2019] KEELRC 1484 (KLR)

✦ The Respondent's Application is dismissed.

Awuor v Telepost Co-operative Sacco Society Limited & another (Petition 109 of 2017) [2019] KEELRC 2559 (KLR) (24 May 2019) (Judgment)

✦ The court finds that the respondent's decision to suspend the petitioner was not valid and that the actions against the petitioner were not discriminatory and in violation of constitutional rights.

Peterson Wachira & another v Registrar of Trade Unions & another;Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (KUDHEIHA Workers) & another (Interested Parties) [2019] KEELRC 1538 (KLR)

✦ The Court allowed the appeal and ordered costs to follow the outcome. The Court held that the 2nd Interested Party should not be ordered to pay costs as they were not a

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.

Andrew Muholo Teyie v Nation Media Group Limited [2019] KEELRC 1503 (KLR)

✦ The court finds the termination of the claimant's service was unfair and awards him ten months salary as compensation for unfair termination of service.

Antony Musyoka Musembi v Nairobi Ironmongers Limited [2019] KEELRC 1553 (KLR)

✦ The Court finds that the termination was unfair and unlawful.

Katunge Kiilu v National Aids Control Council [2019] KEELRC 1455 (KLR)

✦ The court finds the claim without merit and dismisses it with no order as to costs.

Douglas Maina Kamau v Kibirigwi Farmers Co-operative Society Limited [2019] KEELRC 1611 (KLR)

✦ The application is dismissed with costs to the Claimant, and the matter will proceed to final submissions pending judgment.

Republic v County Government of Embu & 2 others Exparte Kanake Joshua Mugo [2019] KEELRC 1568 (KLR)

✦ The court orders the appointment of Wesonga, Mutembei & Kigen Advocates to act for the Respondents in the matter

Naburi & 9 others v County Assembly Service Board, Busia County & another (Petition 23 & 42 of 2017 (Consolidated)) [2019] KEELRC 1508 (KLR) (23 May 2019) (Judgment)

✦ The petition fails and is dismissed.

Jeff Davis Onchari v Kenya Credit Traders Ltd [2019] KEELRC 1515 (KLR)

✦ The claimant was summarily dismissed for no valid reason and the respondent did not follow a fair procedure before dismissing him. The court awards compensation and other benefits.

Daniel Mutai v Attorney General & 3 others [2019] KEELRC 1549 (KLR)

✦ The relationship between the claimant and the respondents is contractual and the provisions of the Employment Act provide adequate relief for the acts complained of. The termination was fair both procedurally and substantively.

Nyamawi Sanga Randu v Aqiq Trading Company Limited [2019] KEELRC 1559 (KLR)

✦ The application is allowed and the amended Memorandum of Claim is deemed duly filed

Daniel Maundu Ngemu v Specialized Power Systems Limited [2019] KEELRC 1638 (KLR)

✦ The Claimant is entitled to one month's salary in lieu of notice, payment for leave not taken, compensation for unfair termination, and costs of the suit.

Andrew Otieno Ochieng v Ready Consultancy [2019] KEELRC 1567 (KLR)

✦ The Court finds no employment relationship between the parties and dismisses the claim.

Gidraf Njoroge Thigah v Borderless Tracking Limited [2019] KEELRC 1527 (KLR)

Joseph Maranga Amenya v Secretary to the County Assembly Service Board & 2 others [2019] KEELRC 1519 (KLR)

✦ The court finds that a prima facie case with a probability of success has not been established at this stage by the applicant, especially as against the 2nd respondent. The application for grant of interim orders in favour of the applicant against the respondents is refused.

Samin Juma Pekeshe v Mohamed Karim t/a Zamza Enterprise [2019] KEELRC 1607 (KLR)

✦ The Claimant is entitled to leave pay for two years in the sum of Kshs.46,200, which will attract interest from the date of judgment until payment in full. The Claimant is also entitled to a certificate of service plus costs of the case.

Justin Mutunga David v China Road & Bridge Corporation (K) Limited [2019] KEELRC 1631 (KLR)

✦ The court grants the stay of execution on the condition that the entire decretal sum be deposited in an interest earning account within 30 days, auctioneer's charges be settled within 15 days, and the stay will lapse if these conditions are not met.

Dennis Leak Ojuok v Population Services Kenya [2019] KEELRC 1486 (KLR)

✦ The application is dismissed with costs.

Aggrey Juma Wanjala v Habo Group of Companies [2019] KEELRC 1596 (KLR)

✦ The Court finds that there was an employment relationship between the Claimant and the Respondent, and the Respondent unlawfully terminated the Claimant's employment. The Claimant is awarded 12 months' salary in compensation and 1 month's salary in lieu of notice.

Francis Ngigi Ngugi v Nakumatt Holdings Limited [2019] KEELRC 1544 (KLR)

✦ The Court finds for the Claimant and awards him 1 month's salary in lieu of notice, 3 years' leave, 6 months' salary as compensation for unfair termination, and unpaid salary from July 2008 to August 2009.

Josephat Nyakeriga Asiago v Guardex Security Service Limited [2019] KEELRC 1551 (KLR)

✦ Application for review dismissed as not merited