Kenyan case law

Ayub Okoth Nyawara v Ashut Engineers Limited [2015] KEELRC 1418 (KLR)

✦ The court finds that the dismissal was wrongful and reduces it to a normal termination, awarding six months' wages as compensation.

Benard Amukaka Ludeshi v Kenya National Private Security Workers Union [2015] KEELRC 1412 (KLR)

✦ The respondent has not failed to honour the terms of the consent dated 16th July, 2014, and the application is found without merit.

Charles Kibisu Kaleda v China Zhongxhing Construction Co-operative Ltd [2015] KEELRC 1379 (KLR)

✦ Claimant awarded one month's salary in lieu of notice, 18 days' salary, and four months' salary as compensation for unfair dismissal.

David Nderitu v Kenya Aids NGOs Consortium [2015] KEELRC 1539 (KLR)

✦ The Claimant was declared redundant by the Respondent. The Respondent is not obliged to make a 25% contribution to the employee’s pension scheme. The Claimant is entitled to Expenses/Losses incurred following termination as claimed.

Denis Ombese Nyakundi v Branded Fine Foods Ltd [2015] KEELRC 1457 (KLR)

✦ The court finds on a balance of probability that the claimant was dismissed on 23/3/2013 and not resigned. The dismissal was unfair.

Ali (alias) Alvin Safari Ngala v Glory Car Hire & Safaris Msa Ltd [2015] KEELRC 1459 (KLR)

✦ The dismissal was found to be unfair due to procedural and substantive reasons.

Paul Odera Okech & 2 others v Steel Makers Limited [2015] KEELRC 1433 (KLR)

✦ The Court awards the settlement terms to the Claimants, including payment of notice pay, underpaid gratuity, salary arrears, and costs, with a total decretal sum of Kshs.190,516, payable within 30 days.

Beatrice Jumba Msembi v Eastern Produce Kenya Ltd (Kibwari Ltd) [2015] KEELRC 1465 (KLR)

✦ The Claimant was employed by the Respondent from 1996 and was terminated through premature retirement, which was in breach of contract.

M W M v M F S [2015] KEELRC 1455 (KLR)

✦ The applicant's Motion for review is dismissed with costs.

Peter Opiyo Mc’odero v Laikipia University [2015] KEELRC 1469 (KLR)

✦ The termination of the services of the Claimant was procedurally unfair and the Respondent is ordered to pay compensation and other allowances as specified.

J.B. Maina & Company Ltd v Peter M. Muoki [2015] KEELRC 1456 (KLR)

✦ The court grants leave to file and serve a complete record of appeal within 28 days and grants a stay of execution of the impugned judgment on condition that the decretal sums are deposited in the bank for a further 6 months.

Kenya Union of Domestic, Hotels, Educational Institution & Allied Workers v B.O.G. Moi High School Kasigau [2015] KEELRC 1450 (KLR)

✦ The P.O is dismissed, and the parties are directed to consider amicable settlement.

Gladys Machocho Ninah v Ammah Service Station Ltd [2015] KEELRC 1446 (KLR)

✦ The court finds the claimant to be at fault for the termination of her employment and dismisses her claims for pay in lieu of notice, compensation for unfair termination, and underpayment.

Didovsky Igor & 11 others v International Bulk Carrier Spa & 2 others [2015] KEELRC 1460 (KLR)

✦ The Industrial Court has jurisdiction over the claim, and the parties' names and claims were properly defined and named.

John Musera Libabu v Kaur Panesar [2015] KEELRC 1233 (KLR)

✦ The Court found that the Respondent did not terminate the Claimant's employment and that the Claimant absconded from duty on his own volition.

Njoroge Njihia v K-Rep Bank Limited [2015] KEELRC 1211 (KLR)

✦ The Court dismissed the application and ordered the expunging of the document from the Court records.

Mathias Nyoka Ngala & 4 others v Kenya National Private Security Workers’ Union & 2 others [2015] KEELRC 1356 (KLR)

✦ The Court will not join the 1st Respondent as an Interested Party and will not set aside the orders granted to the Claimants.

Pastor Frank Esilaba & 2 others v United Bible Societies [2015] KEELRC 1205 (KLR)

✦ The Court finds that the Respondent's preliminary objection fits the definition of a preliminary objection and may dispose of the suit.

Ruth Nyabo Mbugua & another v Robert Philip Ashworth [2015] KEELRC 1473 (KLR)

✦ The Court finds that the Claimants absconded duty and are not entitled to the reliefs sought.

Caleb Bw’auma Manyaga v Kenya Pipeline Company Limited [2015] KEELRC 1420 (KLR)

✦ Motion to object to production of documents is dismissed with costs.

David Ongera Nyang’au v Gilberx Electro Services Limited [2015] KEELRC 1221 (KLR)

✦ Claimant's claim for compensation for 3 months' salary in lieu, service for 8 years, unpaid leave, and unpaid overtime is dismissed.

Onesmus Omwenga Maroko v Co-operative Bank of Kenya Ltd [2015] KEELRC 1240 (KLR)

✦ The dismissal was not for just cause and the Claimant is entitled to the claimed reliefs.

Omamba Douglas Nyaito v Text Book Centre Limited [2015] KEELRC 1232 (KLR)

✦ The dismissal was not illegal and the Respondent did not infringe the Claimant's rights.

Paul Amukobole v Polypipes Limited (Steel Division) [2015] KEELRC 1239 (KLR)

✦ Claimant is entitled to notice pay, service pay, and severance pay

Fednard Cheti v Blue Bay Village Hotel [2015] KEELRC 1432 (KLR)