Kenyan case law
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Reuben Ongaya Opande v Hoggers Limited [2017] KEELRC 1587 (KLR)
✦ The termination was procedurally unfair but justifiable and fair. The Claimant is entitled to compensation and other remedies.
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Josephine Kirigo Kagwanja v Waruhiu Construction Ltd [2017] KEELRC 1601 (KLR)
✦ The court dismisses the respondent's motion for stay of execution pending appeal and orders the respondent to pay the decretal sum to the claimant.
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Dock Workers Union v Associated Vehicle Assemblers Limited & another [2017] KEELRC 1593 (KLR)
✦ The Court declines the current Application and orders no costs.
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Parbat Siyani Construction Limited v Nashon Aronya Okola [2017] KEELRC 1592 (KLR)
✦ The court will not sustain the preliminary objection and directs the respondent to canvass the same at the hearing of the main appeal. The appeal shall proceed to hearing on merit.
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Lucy Mukiri v Meru Multipurpose Co-operative Society Limited [2017] KEELRC 1600 (KLR)
✦ Application dismissed with costs
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Kenya Chemical & Allied Workers Union v Ruby M.W.F. & Flour Mills Ltd [2017] KEELRC 1607 (KLR)
✦ The Court declines to assume jurisdiction over the 3 outstanding items and orders that the cause be struck out.
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Andrew Mulango v National Cereals & Produce Board & 2 others [2017] KEELRC 1589 (KLR)
✦ The Petition is improperly filed and is hereby struck out with no order on costs.
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Patrick Muriithi v Kenya Commercial Bank Limited [2017] KEELRC 1609 (KLR)
✦ The court found the termination invalid and ordered the defendant to pay the plaintiff's terminal dues and interest.
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Jane Njeri Mbugua v Teachers Service Commission [2017] KEELRC 1588 (KLR)
✦ The claim is statute barred and is struck out with no order for costs.
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Sammy Gatimu Karanja v Teachers Service Commission [2017] KEELRC 1579 (KLR)
✦ Allowing Respondent's application, set aside the ex parte proceedings of 22nd April 2016, the judgment delivered on 2nd September 2016 and all consequential orders.
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Edith Mutuku & another v Karesh Hardware Construction Co Ltd & 2 others [2017] KEELRC 1585 (KLR)
✦ The Objector's application is dismissed with costs to the Claimants.
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Association of Public Health Officers of Kenya v Nairobi City Chief Officer-Health Services & 3 others [2017] KEELRC 1584 (KLR)
✦ The posting order dated 13th October 2016 is quashed and revoked, and the Respondents are at liberty to fill the positions in issue in accordance with the law and existing scheme of service.
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Patrick Ireri v Jephew Nyaga Murang’a (As trustee of Tom Warth Educational Academy) [2017] KEELRC 1597 (KLR)
✦ There is no evidence to establish a contract of service between the parties. Each party shall bear their own costs.
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Jones Yoya v Dup Investments Limited [2017] KEELRC 1603 (KLR)
✦ The termination was found to be wrongful, unfair and unlawful, and the claimant is entitled to compensation.
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Banking, Insurnace & Finance Union (Kenya) v Barclays Bank of Kenya Limited [2017] KEELRC 1272 (KLR)
✦ The Grievant was found guilty of violating bank's procedures and regulations, and was terminated.
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Jonathan Spangler v Centre for African Family Studies (CAFS) [2017] KEELRC 1242 (KLR)
✦ The Claimant was unfairly terminated and the Respondent breached constitutional rights. The court ordered compensation, damages, and other remedies.
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Nasib Kazungu Baya v Maisha Mabati Mills Limited [2017] KEELRC 1275 (KLR)
✦ The Court found that the termination was unfair and ordered the Respondent to pay severance pay and other compensation.
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Isaac Njoroge v Moi Teaching And Referral Hospital [2017] KEELRC 1598 (KLR)
✦ The termination of employment was found to be wrongful, unfair and unlawful.
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Liu Ching Liang v Webwave Electic Manufucturing (K) Company Limited & 2 others [2017] KEELRC 1278 (KLR)
✦ The court affirmed its jurisdiction and held that the claimant is entitled to a notice, reasons for termination, and a hearing under the Employment Act. The termination was deemed unprocedural and unfair.
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Lucy Muthoni Kunyiha v Board of Management Karima Boys High School [2017] KEELRC 1623 (KLR)
✦ The application is dismissed as the 12-month limitation period has lapsed and the applicant has not established legal provisions and justification for the court to grant leave.
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Kenya Shoe and Leather Workers Union v Zingo Investment Limited & another [2017] KEELRC 1617 (KLR)
✦ The Court declines to make any orders at this stage due to contested issues of fact
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Meshack Otieno Kachuodho v Commissioner General Kenya Revenue Authority [2017] KEELRC 1653 (KLR)
✦ Claimant's cause of action is not defeated by the Public Authorities Limitation Act, Limitation of Actions Act, or Employment Act.
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John Baptista Ndegwa & another v Axel Engineering and Manufacturing Limited [2017] KEELRC 1627 (KLR)
✦ The Court finds that the Respondent failed to establish a valid reason for the termination of the Claimants' employment and that the procedure adopted by the Respondent was procedurally unfair.
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James Karanja Mwangi v Timaflor Limited [2017] KEELRC 1632 (KLR)
✦ The claimant voluntarily resigned from employment and the parties engaged in a valid contract to terminate the contract of employment. The claimant's claims and prayers are not justified.
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Rosemary Okayo Murundu v Kenya Union Of Post Primary Education Teachers (Kuppet) [2017] KEELRC 1614 (KLR)
✦ Claimant was not disqualified from vying for the position of Secretary Gender National Office due to late submission of nomination papers