Kenyan case law
-
Mokaya v Zhongfa Asia Africa Hotels Co. Ltd (Cause 1836 of 2017) [2022] KEELRC 3890 (KLR) (16 September 2022) (Judgment)
✦ The claim is dismissed in its entirety with no orders as to costs
-
Gitonga v Kirinyaga Construction (K) Ltd (Cause 77 of 2015) [2022] KEELRC 3903 (KLR) (16 September 2022) (Ruling)
✦ Res judicata has been established, and the application is dismissed.
-
Mugure v Ministry of Defence & another (Petition E011 of 2021) [2022] KEELRC 3898 (KLR) (16 September 2022) (Ruling)
✦ The court dismisses the preliminary objection.
-
Masiolo v Jumbo North East Africa Limited (Cause 970 of 2018) [2022] KEELRC 3893 (KLR) (16 September 2022) (Judgment)
✦ The court held that the termination was unfair and unlawful as the employer did not provide reasons for the termination and did not follow fair procedure.
-
Endarasha Farmers Cooperative Society Ltd v Chief Magistrate’s Court, Nyeri (Miscellaneous Application E001 of 2022) [2022] KEELRC 3899 (KLR) (16 September 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
-
Kenya Union of Commercial, Food and Allied Workers v Kamuga/Gaichanjiru Farmers Coop Society (Cause 26 of 2019) [2022] KEELRC 3912 (KLR) (16 September 2022) (Ruling)
✦ The court dismissed the application, finding that the claimant/applicant has not established any error on the face of the judgment and that the orders sought are material for appeal.
-
Njagi v Tharaka Nithi County Government (Cause 7 of 2020) [2022] KEELRC 3904 (KLR) (16 September 2022) (Ruling)
✦ The court dismissed the preliminary objection as the application was not fatally defective and the court had jurisdiction to entertain the matter.
-
Oira & another v Kenya National Union of Nurses & 2 others (Appeal E015 of 2021) [2022] KEELRC 3913 (KLR) (16 September 2022) (Ruling)
✦ The court allowed the application for joinder, stating that the proposed parties have a legitimate interest in the issues on trial and that their registration in the sectoral realm is of concern to them.
-
Kenya Union of Commercial, Food and Allied Workers v Endarasha Dairy Farmers Cooperative Society Limited (Cause E014 of 2020) [2022] KEELRC 3909 (KLR) (16 September 2022) (Ruling)
✦ The application is dismissed with costs to the Respondent.
-
Khisa v Kenya Plantation & Agricultural Workers Union (Petition E009 of 2021) [2022] KEELRC 3907 (KLR) (16 September 2022) (Ruling)
✦ The application is dismissed with costs to the respondent.
-
Onsoti & 106 Others v Danree Multihandling Services Ltd & another (Cause 544 of 2017) [2022] KEELRC 3951 (KLR) (16 September 2022) (Ruling)
✦ The preliminary objection is dismissed
-
Kenya Tertiary & Schools Workers’ Union “KETASWU” & another v Registrar of Trade Unions; Mathew C Nge’tich & 16 others (Intended Interested Party) (Appeal E007 of 2021) [2022] KEELRC 3905 (KLR) (16 September 2022) (Ruling)
✦ The application is dismissed and the preliminary objection is upheld.
-
Akirang’ondu Boys Secondary School & 2 others v Akaiga (Appeal E002 of 2021) [2022] KEELRC 3922 (KLR) (16 September 2022) (Ruling)
✦ The application for stay of execution is granted, and the appeal is allowed.
-
Mwangi v Mutanga Investments Limited; Mimano (Third party); Diamond Trust Bank (Garnishee) (Cause 231 of 2015) [2022] KEELRC 3911 (KLR) (16 September 2022) (Ruling)
✦ The application is allowed, and a decree nisi is ordered.
-
Union of Metal Workers v Pelican (Cause 317 of 2019) [2022] KEELRC 3968 (KLR) (13 September 2022) (Ruling)
✦ The court dismissed the respondent's application, finding the prayers absurd and repeating the same issues.
-
Shivogo v Stevenson (Cause 1495 of 2017) [2022] KEELRC 3882 (KLR) (2 September 2022) (Judgment)
✦ The claimant was engaged on a casual basis, and the termination was fair and lawful.
-
Benjamin v Ministry of Labour & another; Federation of Kenyan Employers & 4 others (Interested Parties) (Petition E001 of 2022) [2022] KEELRC 3887 (KLR) (2 September 2022) (Ruling)
✦ The Court finds that the Preliminary Objection does not meet the legal threshold of a Preliminary Objection and that the issues raised in the Petition are matters reserved for the High Court under Article 165 of the Constitution.
-
Kariuki v Leo Investments Ltd T/A the Concord Hotels, Beach Villas and Game Lodge & 3 others (Cause 385 of 2019) [2022] KEELRC 3885 (KLR) (2 September 2022) (Judgment)
✦ The claimant's termination was not unfair and unlawful.
-
Mburugu v Radio Africa Limited (Cause 890 of 2015) [2022] KEELRC 3886 (KLR) (2 September 2022) (Judgment)
✦ The Court held that the deduction was not unlawful and ordered the respondent to pay Kshs 289,750 in total, including accrued leave pay and interest.
-
Ocharo v Office of Director of Public Prosecutions & another; Speaker of the Senate & 3 others (Interested Parties) (Petition E055 of 2022) [2022] KEELRC 3881 (KLR) (2 September 2022) (Ruling)
✦ The court found that the petition did not meet the threshold established in Anarita Karimi Njeru v Attorney General (1979) KLR 154 and Mumo Matemu v Trusted Society of Human Rights Alliance & 5 others (2013) eKLR, as it lacked sufficient particulars regarding the alleged infringements.
-
Ombima v Impala Glass Industries Limited (Cause 1700 of 2015) [2022] KEELRC 3879 (KLR) (2 September 2022) (Judgment)
✦ The court found the dismissal to be fair and procedurally just, and dismissed the claimant's case.
-
Kereu v Style Industries Limited (Cause 948 of 2018) [2022] KEELRC 3883 (KLR) (2 September 2022) (Ruling)
✦ The claimant is awarded costs as shall be taxed by the Deputy Registrar of the court.
-
Saisi v Geothermal Development Company Ltd (Cause 1357 of 2016) [2022] KEELRC 3884 (KLR) (1 September 2022) (Judgment)
✦ The claimant's claim for discrimination and human dignity violation is dismissed. The claimant's right to fair practices is not established.
-
Mulika v Kenya Bus Service Management Limited (Cause 1865 of 2017) [2022] KEELRC 3880 (KLR) (1 September 2022) (Judgment)
✦ The court held that the claimant was an employee and the dismissal was unlawful.
-
Anjela Saru Wachenje v East Africa Fondary Works (K) Limited (Cause 1337 of 2016) [2022] KEELRC 3872 (KLR) (25 August 2022) (Judgment)
✦ The court finds the respondent did not follow the mandatory requirements as provided in the Employment Act and is therefore inclined to find the claimant was unfairly and unprocedurally terminated from her employment.