Kenyan case law
-
Sophie Muthoni Njagi v Rift Valley Railways (Kenya) Limited [2020] KEELRC 1506 (KLR)
✦ The Court finds that the Claimant voluntarily resigned from her employment and does not amount to constructive dismissal.
-
John Mwangi Maina v Golden Cara Investment Limited [2020] KEELRC 1392 (KLR)
✦ Judgment is entered for the claimant for compensation, notice pay, and costs. The matter is referred to the County Labour Officer for an investigation into work records.
-
Rose Akeyo Mwomo v Association of Sisterhoods of Kenya [2020] KEELRC 1471 (KLR)
✦ The Court found in favor of the Claimant, holding that the Respondent's decision to terminate the Claimant's contract was unfair and without justifiable cause.
-
Peter Wambugu Kariuki v Board of Management Mereroni Primary School & another [2020] KEELRC 1351 (KLR)
✦ The court found in favor of the claimant on all claims and ordered the 1st and 2nd respondents to pay the claimant various terminal dues and compensation.
-
Raphael Njoroge Mwaura & 12 others v Kenya Power & Lighting Company Limited [2020] KEELRC 1458 (KLR)
✦ The Court finds the Claimants entitled to a constructive redundancy package of 2 months' salary for each year worked, less what was paid to them.
-
Paul Mwangi Kiiru v Tusker Mattresses Limited [2020] KEELRC 1400 (KLR)
✦ The claim is dismissed for want of time.
-
Bakery, Confectionery, Food Manufacturing & Allied Workers Union v Grain Industries Limited [2020] KEELRC 1521 (KLR)
✦ The Court declines the application and orders no order on costs.
-
Rodgers Simiyu Ingati v Doshi Company (Hardwares) Limited & another [2020] KEELRC 1527 (KLR)
✦ The Court overrules the Respondent's Preliminary Objection and proceeds with the case.
-
Kepha Moreno Bosire v Titus Naikuni & another [2020] KEELRC 1476 (KLR)
✦ The applicants are granted the orders for stay
-
Francis Memba v Joel Yducha [2020] KEELRC 1475 (KLR)
✦ Application dismissed as not merited
-
Cathleen Njeri Karianjahi v Presbyterian University Of East Africa (PUEA) [2020] KEELRC 1526 (KLR)
✦ The Claimant is entitled to salary arrears of Kshs.266,820.36. The prayer for unpaid Annual Increment is dismissed. The prayer for loan arrears fails as the Claimant received random salary payments. The prayer for unpaid Retirement Pension/Gratuity is dismissed.
-
Aloise Abungu Mago & 3 others v Jaswant Singh & Brothers [2020] KEELRC 1519 (KLR)
✦ Dismissal was unlawful and unfair, and the Claimants are entitled to compensation and interest.
-
Bernard Okeah & 5 others v National Nurses Association of Kenya & another [2020] KEELRC 1472 (KLR)
✦ The application to amend the claim is allowed and the same be done within 30 days. In default the claim to proceed as it is.
-
Kenya Tea Growers Association v Kenya Plantation & Agricultural Works Union [2020] KEELRC 1358 (KLR)
✦ The application is dismissed as the employees are no longer employees of the union and the court cannot reverse the dismissal order.
-
Maurice Otieno Ngicho & 2 others v Brinks Security Services Limited [2020] KEELRC 1469 (KLR)
✦ The dismissal of the claims was invalid due to a registry error, and the claims are reinstated for hearing and disposal on merit.
-
Enock Ndonga v Board of Directors Pioneer School [2020] KEELRC 1360 (KLR)
✦ The application for stay of execution is granted on condition that the Respondent releases half the decretal sum to the Claimant and deposits the other half in a joint interest earning account held in joint names of the Claimant's and Respondent's counsel.
-
Kenya Union of Commercial, Food and Allied Workers v Mama Watoto Supermarket & another [2020] KEELRC 1542 (KLR)
✦ The court finds no merit in the court interfering with the management prerogative of the respondent to have a third party involved in the management of its staff. However, the respondent's termination of employment and commencement of new employment is a different matter.
-
Kenya Union of Commercial, Food and Allied Workers v Martin Njeru Mwea [2020] KEELRC 1559 (KLR)
✦ The suit is dismissed with each party bearing their costs.
-
John Rogena Maembe v Bedrock Security Services Limited [2020] KEELRC 1494 (KLR)
✦ The claimant's employment was unlawfully and unfairly terminated, and the court awards compensation in the sum of Kshs. 419,339.8.
-
Republic v Commissioner for Co-operatives & 3 others Exparte John Githaiga Gachungwa & 2 others [2020] KEELRC 1562 (KLR)
✦ The Ex parte Applicants' application for mandamus is dismissed with no order as to costs.
-
Anthony Chelimo v Kenya Commercial Bank Limited [2020] KEELRC 1586 (KLR)
✦ The application does not meet the threshold for review under Rule 33(1)(b) of the ELRC Procedure Rules and is instead an appeal disguised as a review.
-
Patrick Ngugi Mwaura v Oxide Masters Limited & another [2020] KEELRC 1575 (KLR)
✦ The dismissal was found to be unlawful and unfair as the employer failed to prove the reason for the termination and did not follow fair procedure.
-
Jeckoniah Onyango v Cedar Phamacare Ltd & 2 others [2020] KEELRC 1518 (KLR)
✦ The Court finds the termination was unfair and awards salary in lieu of notice, service pay, and declares the Respondents did not prove the Claimant absconded.
-
Lucy Wambui Yinda v Mumiflora Limited t/a Baraka Roses [2020] KEELRC 1457 (KLR)
✦ The application has no merit and the suit will be stayed to allow the parties to resolve the dispute through alternative dispute resolution (ADR).
-
Joseph Mwanza v Charleston Travel Limited [2020] KEELRC 1534 (KLR)
✦ Claimant entitled to salary up to 8 April 2012 and 23 days leave commuted, totaling Kshs 415,615/-; liable to Respondent in the total sum of Kshs 210,510/80; judgment for Claimant Kshs 205,105/-