Kenyan case law
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Jafred Omukunga Musa v Manager, Kakamega Hill Juniour School [2020] KEELRC 1489 (KLR)
✦ The court finds that the claimant failed to show on a balance of probabilities that he was declared redundant and/or his employment was terminated by the respondent. The claimant is not entitled to any compensation for the alleged unlawful and unfair termination of employment.
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Moffat Oyunge Ramani v Mount Kenya University [2020] KEELRC 1587 (KLR)
✦ The termination was unfair and unlawful, and the Claimant is entitled to one month's salary in lieu of notice, salary for 12 days, severance pay, 6 months' salary compensation, costs, and interest.
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David Kimaiga Nyaigo v Steel Makers Limited [2020] KEELRC 1590 (KLR)
✦ The Appeal is dismissed. The Court finds that the Trial Court did not have jurisdiction to record a partial judgment on liability due to the limitation period, and that the Plaintiff failed to establish his injury.
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Patrick Kalu Lewa v Mackenzie Maritime E.A. Ltd [2020] KEELRC 1584 (KLR)
✦ The Respondent terminated the Claimant's employment without valid reason and in defiance of due procedure, and the Claimant is entitled to compensation.
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Kenya Quarry and Mine Workers Union v Rai Cement Limited [2020] KEELRC 1379 (KLR)
✦ The court dismissed the claimant union's request for the respondent to remit dues for 96 employees as only one employee was directly employed by the respondent.
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Neddy Lillian Gwastima v Board of Trustees, GEO Poweer Welfare Club & another [2020] KEELRC 1564 (KLR)
✦ The court awards a house allowance of Kshs. 81,000, a certificate of service, and pays the claimant's dues with interest. The claimant's request for severance pay and a recommendation letter is dismissed.
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Florence Audiah Adhiambo v Kenjap Motors Limited [2020] KEELRC 1479 (KLR)
✦ The court dismissed the claims as the termination was communicated and the reasons given.
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Chrispinus Wabwire v Spinknit Limited [2020] KEELRC 1369 (KLR)
✦ The court finds no valid reason for termination and awards compensation, notice pay, and leave pay.
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Andrew Shisala Angalushi v West Kenya Sugar Company Limited [2020] KEELRC 1549 (KLR)
✦ The court finds that the suit was time barred by dint of Section 4(2) (a) of the Limitation of Actions Act, Cap 22 Laws of Kenya, as it was founded on tort and no basis to extend the time within which to file the suit was argued or established.
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Nelson Booker Ogindo v Athinai Sisal Estate Limited [2020] KEELRC 1393 (KLR)
✦ The claimant's employment was not terminated unfairly, and he is not entitled to the claimed compensation.
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Dominic Patroclus Kilonzo v SGS Kenya Limited [2020] KEELRC 1583 (KLR)
✦ The Claimant's claim is dismissed as he was a casual employee and cannot claim compensation or statutory dues.
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Jumaa Kitsao Kahindi v Sailesh Hila t/a Associated Electrical & Hardware Suppliers Ltd [2020] KEELRC 1585 (KLR)
✦ The Court finds and holds that the Respondent terminated the Claimant's employment without any justifiable cause and without observing due procedure. The Claimant is therefore entitled to compensation.
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Daniel Wambugu Ngururi v Teachers Service Commission [2020] KEELRC 1440 (KLR)
✦ The claimant's retirement date is 1st July, 2017, and the claim for damages is dismissed.
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Bernard Muriithi Wanjira v CREC No.10 Engineering Group Co. Limited [2020] KEELRC 1563 (KLR)
✦ The claimant is entitled to notice pay, compensation, and leave pay.
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Paul Maina Gichohi v Hatari Security Guards [2020] KEELRC 1442 (KLR)
✦ The claimant's claims are dismissed, and the respondent is awarded Ksh.598,200 for the counter-claim with costs.
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Joanary Wachira Mwai v Consolata Hospital Mathari [2020] KEELRC 1600 (KLR)
✦ The Court finds the dismissal unfair and orders compensation for the unlawful termination, gratuity, and costs of the suit.
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Joram Kidiga Ayiga v Patrick Mwangi t/a Banana Leaf Hotel [2020] KEELRC 1601 (KLR)
✦ The termination was not unfair and the Claimant is not entitled to compensation.
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Kenya Building Construction Timber & Furniture Industries Employees Union v Pavan Putra Enterprises Ltd; Anthony Ndirangu (Grievant) [2020] KEELRC 1608 (KLR)
✦ The Grievant is not entitled to any of the other claims under the suit he filed and is only to recover Kshs. 4,900/- for the notice period he was entitled to receive prior to termination.
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers (KUDHEIHA) v Social Service League M.P Shah Hospital [2020] KEELRC 1610 (KLR)
✦ The dismissal was found to be unfair due to lack of procedural fairness and valid reasons.
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Paul Kimemia Njihia v Kenya Credit Traders Limited [2020] KEELRC 1619 (KLR)
✦ The termination was procedurally unfair but substantively fair.
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Nickson Aywa Amutsama v Sir Brook (K) Limited [2020] KEELRC 1678 (KLR)
✦ The claimant's claims are dismissed with costs, and the claimant is awarded Ksh.15,002 for annual leave pay.
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Musa Mohamed Kaleve & 2 others v East African Portland and Cement Limited [2020] KEELRC 1606 (KLR)
✦ The court held that the terms of the expired CBA were not applicable in assessing the claimants' gratuities.
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Samuel Muia Mutuku v Prime Steel Mills Limited [2020] KEELRC 1604 (KLR)
✦ The court found that the claimant did not work as a casual employee continuously from March 2008 to October 2015.
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Banking Insurance & Finance Union (Kenya) v Paramount Universal Bank Kenya Ltd. [2020] KEELRC 1605 (KLR)
✦ The suit will not be dismissed for want of prosecution, but the parties are directed to file and exchange witness statements and documents within 21 days and attend pre-trial conference.
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Nancy Wanjiru v Rose Wambui Num [2020] KEELRC 1614 (KLR)
✦ The court finds that the claimant resigned by the letter dated September 18, 2014, and thus, the respondent is not liable for unfair termination.