Kenyan case law
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Owino & Company Advocates v Kisaka (Miscellaneous Case E041 of 2020) [2023] KEELRC 2325 (KLR) (29 September 2023) (Ruling)
✦ The court found the retainer agreement invalid and the bill of costs null and void.
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Ochieng v Kenya National Hospital Board (Employment and Labour Relations Cause 41 of 2020) [2023] KEELRC 2324 (KLR) (29 September 2023) (Ruling)
✦ The court ordered the respondent to provide the applicant with a Certificate of Tax Remittance (P9) form and to pay the applicant Kshs 47,235/90 as interest on costs.
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Teachers Service Commission v Gitahi (Employment and Labour Relations Appeal E017 of 2022) [2023] KEELRC 2267 (KLR) (29 September 2023) (Judgment)
✦ The dismissal was not unfair and the respondent was not entitled to damages.
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Matundura v Ashut Engineers Limited (Cause 291 of 2020) [2023] KEELRC 2218 (KLR) (28 September 2023) (Judgment)
✦ The Court found the dismissal lawful and fair, and denied the Claimant's request for remedies.
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M’Kungu v Presiding Bishop Methodist Church in Kenya & another (Cause 1560 of 2017) [2023] KEELRC 2251 (KLR) (28 September 2023) (Judgment)
✦ The Court found that the termination was on account of redundancy and thus lawful and fair. The Claimant is entitled to the reliefs sought.
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Sichenje v Computer Revolution Africa Limited (Cause 2068 of 2016) [2023] KEELRC 2243 (KLR) (28 September 2023) (Judgment)
✦ The termination of the Claimant's employment was lawful and fair, and he is not entitled to the remedies sought.
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Shine it Limited v Piru (Appeal E030 of 2021) [2023] KEELRC 2285 (KLR) (28 September 2023) (Ruling)
✦ The appeal was dismissed for want of prosecution.
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Ng’ang’a v Rubis Energy Kenya PLC Formerly Kenol Kobil Limited (Formerly KENOL KOBIL LIMITED) (Cause 1296 of 2017) [2023] KEELRC 2381 (KLR) (28 September 2023) (Judgment)
✦ The respondent failed to pay PAYE on the claimant's bonuses and did not declare the school fees paid for the claimant's children, which were unlawful and put the respondent at loggerheads with the tax collector.
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Mayeku v University of Embu (Cause 504 of 2019) [2023] KEELRC 2380 (KLR) (28 September 2023) (Judgment)
✦ The claim is dismissed in its entirety. The court finds that the termination was for good cause and the procedures followed were lawful.
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Cheruiyot v Judicial Service Commission & another (Petition 2 of 2021) [2023] KEELRC 2282 (KLR) (28 September 2023) (Judgment)
✦ The court declared the dismissal wrongful, unfair, and unlawful, ordered reinstatement, payment of withheld salary, and awarded costs.
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Mbuthu v De La Rue Currency and Security Print Limited (Cause 969 of 2017) [2023] KEELRC 2217 (KLR) (28 September 2023) (Ruling)
✦ The claimant's application for security is dismissed with costs.
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Okoth v Rafiki Micro-Finance Bank Kenya Ltd (Employment and Labour Relations Cause 200 of 2018) [2023] KEELRC 2772 (KLR) (28 September 2023) (Judgment)
✦ The court found that the Claimant’s termination was procedurally and substantively fair, and that he was not unfairly terminated.
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Mesa v Gusii Mwalimu Sacco Society Ltd (Cause E043 of 2022) [2023] KEELRC 2238 (KLR) (28 September 2023) (Judgment)
✦ The termination was unfair due to procedural deficiencies
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Mbunza v Sunbird Business Services (K) Ltd (Employment and Labour Relations Cause 277 of 2019) [2023] KEELRC 2226 (KLR) (28 September 2023) (Judgment)
✦ The Claimant’s conduct amounted to sexual harassment, and the Respondent was entitled to terminate the Claimant’s contract of service.
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Keiyo v Moi Educational Centre (Cause 104 of 2019) [2023] KEELRC 2378 (KLR) (28 September 2023) (Judgment)
✦ The claimant's dismissal was found to be unfair and unlawful.
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Riley Falcon Security Services v Okoth (Appeal E023 of 2022) [2023] KEELRC 2236 (KLR) (28 September 2023) (Judgment)
✦ The Court of Appeal found that the Respondent was not constructively dismissed and upheld the Trial Court's decision.
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Ongeso v PN Mashru Ltd (Cause 173 of 2015) [2023] KEELRC 2389 (KLR) (28 September 2023) (Ruling)
✦ Court finds that the dismissal order was not final and that the Claimant's suit should be reinstated pending hearing of the Civil Appeal.
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Shine IT Limited v Mwaumbeya (Appeal E032 of 2021) [2023] KEELRC 2317 (KLR) (28 September 2023) (Ruling)
✦ The appeal is dismissed for want of prosecution due to the appellant's failure to file the required documents and an affidavit within the prescribed time frame.
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Miinyan v Turkana County Assembly & another; Edukon & others (Proposed Interested Party); Turkana County Assembly Service Board (Interested Party) (Petition E006 of 2023) [2023] KEELRC 2346 (KLR) (28 September 2023) (Ruling)
✦ The Applicants are granted the orders to be joined as interested parties. The consent orders of the County Assembly cannot be set aside.
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Manyaki v Njuca Consolidated Company Limited (Appeal E031 of 2023) [2023] KEELRC 2376 (KLR) (28 September 2023) (Judgment)
✦ The appeal is found with merit and the appellant is entitled to compensation for unfair termination of employment, salary arrears, notice pay, and annual leave pay.
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Wachira v Laikipia University (Formerly a Constituent College of Egerton University) (Cause 284 of 2015) [2023] KEELRC 2309 (KLR) (28 September 2023) (Ruling)
✦ The application to amend the memorandum of claim is dismissed with no orders as to costs.
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Ng’anga v Transmattress Ltd (Cause 10 of 2022) [2023] KEELRC 2372 (KLR) (28 September 2023) (Ruling)
✦ The suit will be reinstated with the benefit of doubt, but the Claimant must keep his counsel informed of his new contacts.
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Solanki v Hard Tech Industrial Supplies Ltd (Cause E752 of 2021) [2023] KEELRC 2283 (KLR) (28 September 2023) (Ruling)
✦ The court finds that the applicant failed to demonstrate why it did not respond to the summons and mention notices, and that the allegation that the instructed counsel failed to act is unproven.
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Ogola v Mount Kenya University (Miscellaneous Civil Application E046 of 2022) [2023] KEELRC 2281 (KLR) (28 September 2023) (Ruling)
✦ The application is dismissed as the applicant's claim is time-barred and the delay in filing is not justified.
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Mwangi v Bunson Travel Services Limited (Cause E502 of 2020) [2023] KEELRC 2383 (KLR) (28 September 2023) (Judgment)
✦ The termination of employment was found to be unfair and without any good cause.