Kenyan case law
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Peter Marando Nyaberi Bichungi v Valley Bakery Limited & another [2021] KEELRC 1596 (KLR)
✦ The application is granted, and the respondent is allowed to re-open his case and call his witness on condition that the claimant is paid his thrown away costs of Kshs.100,000 before the matter proceeds.
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Kenya Engineering Worker Union v Rift Valey Engineering Limited [2021] KEELRC 1588 (KLR)
✦ The court dismissed the application as there were no court proceedings on the date mentioned and no stay orders were issued.
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Patrick Ebichondo Malalu v Radar Limited [2021] KEELRC 1343 (KLR)
✦ The court declines to transfer the case to Magistrate's Court and issues a hearing date for June 16, 2021
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Okiya Omtatah Okoiti v Parliamentary Service Commission & another [2021] KEELRC 1471 (KLR)
✦ The court has jurisdiction over the matter and the petitioner has locus standi to file the petition.
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Amos Mwangi Kihara v Saikabe Construction Company Limited [2021] KEELRC 1626 (KLR)
✦ The court dismisses the application
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Mwangi S. Kimenyi v Attorney General & another;mIrene Wangui Kimenyi & another (Applicants) [2021] KEELRC 1378 (KLR)
✦ The court declines to introduce the new document and dismisses the motion, stating that the Claimant's attempt is another attempt to take a further bite of the cherry and that the court does not have the authority to review a decision by Radido J.
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Abrahaman Barasa v Laikipia University (Formerly Egerton University) [2021] KEELRC 1620 (KLR)
✦ Dismissal was unfair and without valid reason, hence dismissed
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Amalgamated Union of Kenya Metal Workers v Associated Motors Limited [2021] KEELRC 1628 (KLR)
✦ The court finds that the claimant union has failed to prove that the grievants were declared redundant unlawfully and unfairly, and that the grievants were not paid terminal benefits. The suit is dismissed with no order as to costs.
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Elias Kibathi & another v Attorney General [2021] KEELRC 1630 (KLR)
✦ The Court has jurisdiction to interpret the provisions of the Employment Act vis-à-vis various provisions of the Constitution and pronounce its legality or otherwise.
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Luke Joan Oigara v Consolbase Limited [2021] KEELRC 1632 (KLR)
✦ The Court finds the dismissal procedurally fair and denies the claimant's prayer for compensation and refund.
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Perfect Scan Limited v Harrison Kahindi Said [2021] KEELRC 1638 (KLR)
✦ The Court lacks jurisdiction to entertain the appeal on merits due to the exclusive jurisdiction of the Employment and Labour Relations Court over work injury claims.
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Phelix Odiwour Kodhe v Mediamax Network Limited [2021] KEELRC 1356 (KLR)
✦ The Court dismisses the application and sets aside the ex parte order dismissing the suit. The suit is not reinstated for hearing as the dismissal was for want of prosecution and non-attendance, and the jurisdiction is ousted by the parties' agreement to refer disputes to arbitration.
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Law Society of Kenya v Chairman, Nairobi Metropolitan Area Council & 3 others; Mary Waithigieni Chege & 2 others (Interested Parties) [2021] KEELRC 1364 (KLR)
✦ The court ordered an interim suspension and prohibition of the re-appointment of Interested Parties as members of the Nairobi Metropolitan Area Transport Authority Board.
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Kenya Petroleum Oil Workers Union v National Oil Corporation of Kenya [2021] KEELRC 1635 (KLR)
✦ The court denied the Claimant's request for a 40% salary increment, ruling that the Respondent's financial status was unaffordable and unsustainable. The court ordered a 20% increment over 2 years, with 10% in each year.
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Board of Governors Kenya Baptist Theological College v Evans Mwana Katana Dzuya [2021] KEELRC 1342 (KLR)
✦ The Court grants the extension of time for the Applicant to file a record of appeal out of time within 60 days of the judgment.
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Ruth Nyasuguta Areimba v Conference Caterers Limited [2021] KEELRC 1640 (KLR)
✦ The court declares the dismissal unlawful and orders the Respondent to pay the Claimant notice, compensation, leave, and service pay.
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Bernard Ogari v Freight in Time Limited [2021] KEELRC 1350 (KLR)
✦ The Respondent/Applicant's motion is dismissed with costs to the Claimant
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Dick Kwinga Nzioka v Kenya Power & Lighting Co. Limited [2021] KEELRC 1643 (KLR)
✦ The application is dismissed with no costs, and the parties are directed to attend pre-trial direction on 21.6.2021
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Kevin Otieno Wamure v Xplico Insurance Co. Ltd [2021] KEELRC 1631 (KLR)
✦ The application is dismissed with costs, and the interim order of stay is vacated.
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Mabel Kibore v National Oil Corporation Limited [2021] KEELRC 1344 (KLR)
✦ The ex-parte order is set aside and the Respondent is granted leave to file and serve its replying affidavit.
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Ann Wangari Owuor v Artcaffe & Bakery Limited [2021] 2KLR [2021] KEELRC 1358 (KLR)
✦ The Court granted the Respondent's application for extension of time, finding that the Respondent had a plausible reason for the delay.
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Louis Onyango Owoko v Kenya Railways Corporation [2021] KEELRC 1318 (KLR)
✦ The suit is dismissed with costs to the Respondent.
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Likale Moses Sande v County Government of Kakamega & 3 others [2021] KEELRC 1659 (KLR)
✦ The directions issued on 3 December 2020 are set aside. The Cause is to be determined on the basis of viva-voce evidence. The parties are to address the Court on the applicability and effect of the mentioned statutes.
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Sheria Mtaani na Shadrack Wambui & another v Judicial Service Commission (Judicial Review E003 of 2021) [2021] KEELRC 1321 (KLR) (2 June 2021) (Ruling)
✦ The Court declined the motion and ordered that each party bears their own costs for the motion before the Court.
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James Mogaka v KCB Bank Kenya Limited [2021] KEELRC 1389 (KLR)
✦ Termination was unfair, and Claimant is entitled to 12 months salary as compensation