Kenyan case law
-
Nathaniel Lusiji Shibira v H.E. Wilbur Ottichilo & 2 others [2021] KEELRC 1663 (KLR)
✦ The Petition is struck out with no order on costs.
-
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.
-
James Mogaka v KCB Bank Kenya Limited [2021] KEELRC 1389 (KLR)
✦ Termination was unfair, and Claimant is entitled to 12 months salary as compensation
-
Johana Kipngeno Cheborgei v Bob Morgan Services Limited [2021] KEELRC 1367 (KLR)
✦ The Court finds the termination unfair and procedurally deficient, awarding notice pay and compensation for unlawful termination.
-
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.
-
John Kimingi v Damco Logistics Kenya Limited [2021] KEELRC 1357 (KLR)
✦ The court found that the Claimant's resignation was not due to constructive dismissal and dismissed the claim.
-
Andrew Atika Angwenyi v Kisii County Assembly Service Board [2021] KEELRC 1660 (KLR)
✦ The motion is dismissed with no order on costs.
-
Marianne J. Kitany v Chief of Staff and Head of Public Service & 2 others [2021] KEELRC 1380 (KLR)
✦ The Court finds that the termination was lawful and that the Claimant cannot recover for the removal from office as she did not plead or demonstrate discrimination or factors under Section 41.
-
Dennis Kipkoech Langat v Tex Trading Limited [2021] KEELRC 1381 (KLR)
✦ Claimant's termination was not unlawful, and no payment is due for house allowance or gratuity/service pay.
-
Kenya Union of Journalists v B.B.C Monitoring East Africa Unit [2021] KEELRC 1348 (KLR)
✦ The Court dismissed the suit, finding that the CBA was signed after the employees had left employment and thus, they are not entitled to any arrears.
-
Kenya Aviation Workers Union v Kenya Airports Authority & another [2021] KEELRC 1376 (KLR)
✦ The Petition is dismissed with no order as to costs.
-
Roy Transmotors vJoseph Mbilu Odhiambo & another [2021] KEELRC 1337 (KLR)
✦ The application is dismissed with costs to the Respondents.
-
Johnson Oriento Adera & another v Anti-Counterfeit Authority; Salaries and Remuneration Commission (Interested Party) [2021] KEELRC 1669 (KLR)
✦ The Court finds that the applicants have established a prima facie case but may not suffer irreparable harm. The status quo is maintained pending the hearing and determination of the suit.
-
Peter Katithi Kithome v Laboratory & Allied Limited [2021] KEELRC 1478 (KLR)
✦ Leave to file suit out of time is not granted.
-
Lilian Achieng Akeyo v Abdikadir Omar Aden & another [2021] KEELRC 1480 (KLR)
✦ Claimant is entitled to compensation of Ksh.24,000, notice pay of Ksh.8,000, and annual leave of Ksh.26,400
-
Amalgamated Union of Kenya Metal Workers v Pelican Signs Limited [2021] KEELRC 1651 (KLR)
✦ The Court cannot refer the matter back to conciliation as it would imply surrendering authority to a party not recognized by law. The Claimant's document cannot be struck out as it was filed in compliance with the rules and was part of the conciliation process.
-
Joyce Nasumaye v DHL Exel Supply Chain (K) Limited [2021] KEELRC 1627 (KLR)
✦ The court found that the Respondent had not committed contempt of court and dismissed the application.
-
County Government of Makueni & another v Kenya Union of Clinical Officers (KuCO) & 6 others [2021] KEELRC 1649 (KLR)
✦ The court declared the strike called by the respondents unlawful, prohibited, and unprotected.
-
Albano Kathenya Kithure v Brinks Security Services Limited [2021] KEELRC 1652 (KLR)
✦ The Claimant is awarded Kshs.280,784.20 for underpayment, Kshs.1,025,308.00 for overtime, Kshs.2,400 for uniform refund, and Kshs.10,911.70 for leave pay. The Respondent is awarded Kshs.10,500 for payment in lieu of notice.
-
Al Hujura Agency Limited v Director-General, National Employment Authority [2021] KEELRC 1671 (KLR)
✦ The Respondent is found to be in contempt of court
-
Boaz Akaliche Shikuku v Prime Steel Mills Limited [2021] KEELRC 1682 (KLR)
✦ Termination was declared unfair, and the Respondent is ordered to pay the Claimant compensation, notice pay, and annual leave pay.
-
Republic v Attorney General & another Ex Parte Okiya Omtatah Okoiti; Mary M. Khimulu [AMB.] (Interested Party) [2021] KEELRC 1650 (KLR)
✦ The court found the appointment of the Interested Party as Chairperson of Water Sector Trust Fund to be legal and within the powers of the President under Section 7(3) of the State Corporations Act.
-
Republic v Maasai Mara University Council & another; Ex parte Okiya Omtatah Okoiti [2021] KEELRC 1647 (KLR)
✦ The Ex-parte Applicant has not demonstrated to this court that the decision of the 1st Respondent to re-instate the 2nd Respondent was tainted with illegality, irrationality and procedural impropriety.
-
Peter Cyrus Karinga v Nairobi City Water and Sewerage Company Limited [2021] KEELRC 1633 (KLR)
✦ The Court found that the separation of the Claimant from the Respondent was not within the terms of his contract and that the Claimant is entitled to the remedies sought.
-
Prisca Jepngétich v Generation Career Readiness Social Initiative Limited [2021] KEELRC 1672 (KLR)
✦ The Employment and Labour Relations Court (E&LRC) does not have transfer jurisdiction under the Civil Procedure Act. The claim should be heard in the Chief Magistrate's Court.