Kenyan case law
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Mwonyonyi v Mufaddal Glass Distributors Limited (Cause E784 of 2021) [2022] KEELRC 3828 (KLR) (18 August 2022) (Ruling)
✦ The Court declares that the Employment and Labour Relations Court has the requisite jurisdiction to hear the case.
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Gachuhi v Malster International (Cause E406 of 2020) [2022] KEELRC 3822 (KLR) (18 August 2022) (Judgment)
✦ The court declared the termination of employment as unfair and unlawful and ordered the respondent to pay the claimant 12 months salary for unfair and unlawful termination of employment.
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Brothershirts Factory Limited v Olutawa (Appeal E004 of 2021) [2022] KEELRC 3821 (KLR) (18 August 2022) (Ruling)
✦ The court orders that the sum held in the joint interest earning account be released to the firm of Charles Gomba & Company Advocates within 7 days.
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Kimosop v Kerio Valley Development Authority (Employment and Labour Relations Cause 54 of 2019) [2022] KEELRC 14646 (KLR) (17 August 2022) (Ruling)
✦ The court granted a stay of execution of the judgment pending the hearing and determination of the intended appeal.
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Shilesi v Mjengo Supermart Limited (Cause 27 of 2018) [2022] KEELRC 1550 (KLR) (8 August 2022) (Ruling)
✦ The Court dismisses the Respondent's motion with costs.
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Mwiso v Vegpro (K) Limited (Cause 1750 of 2017) [2022] KEELRC 1538 (KLR) (5 August 2022) (Judgment)
✦ The Court found that the claimant was employed on a casual basis but had worked for a period equivalent to one month, thus her employment was deemed to be on a regular term contract. The claimant is entitled to one month's salary in lieu of notice, compensatory damages, and service pay.
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Munyi v Hasbah Kenya Limited (Cause 764 of 2016) [2022] KEELRC 1446 (KLR) (5 August 2022) (Judgment)
✦ The court found that the termination was not justified and that the claimant was not afforded procedural fairness.
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Wafula v Chandaria Industries Limited (Cause 1758 of 2017) [2022] KEELRC 1544 (KLR) (5 August 2022) (Judgment)
✦ The claimant is entitled to notice pay, one month's salary in lieu of notice, and service gratuity.
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Osoro v SOS Children Villages Kenya (Cause 1612 of 2016) [2022] KEELRC 3840 (KLR) (5 August 2022) (Judgment)
✦ The court found that the termination was unjustified and that the claimant was not accorded procedural fairness. The court ordered the respondent to pay the claimant Kshs 3,168,535.05 in damages, interest, and costs.
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Karugu v Nyeri County Government (Cause E045 of 2021) [2022] KEELRC 3841 (KLR) (5 August 2022) (Judgment)
✦ The Court found in favor of the Claimant, declaring that the Respondent's actions constituted a breach of the Claimant's Constitutional rights and ordered the release of accrued salary and allowances.
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Matolo v Kantaria Commercial Stores (Cause 1704 of 2017) [2022] KEELRC 3839 (KLR) (5 August 2022) (Judgment)
✦ The claim is dismissed in its entirety with no orders as to costs.
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Agandi & another v KK Security Limited (Cause 7 of 2016) [2022] KEELRC 1607 (KLR) (5 August 2022) (Judgment)
✦ The court found that the respondent had a justifiable reason to dismiss the claimants, as evidenced by the letters of dismissal and the incident report. The claimants were not lawfully dismissed and are not entitled to the reliefs sought.
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Nyabuto v Radar Limited (Cause 1738 of 2017) [2022] KEELRC 1445 (KLR) (5 August 2022) (Judgment)
✦ The court found that the respondent did not provide evidence to support the claim of low business, thus the reason for the claimant's termination was not justifiable.
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Johana v Managing Director All -Time Agencies Ltd (Cause 119 of 2017) [2022] KEELRC 1686 (KLR) (4 August 2022) (Judgment)
✦ The Court found that the Claimant was an employee of the Respondent and that he was unfairly dismissed.
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Chebon v Wells Fargo Limited (Cause 2295 of 2017) [2022] KEELRC 3838 (KLR) (4 August 2022) (Ruling)
✦ Preliminary objection dismissed, claimant's case allowed to proceed
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Njoki v University of Nairobi (Cause 2411 of 2017) [2022] KEELRC 1547 (KLR) (4 August 2022) (Judgment)
✦ The claimant's claim is struck off and dismissed
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Muli v Rentokil Initial (K) Ltd (Cause 1215 of 2016) [2022] KEELRC 1653 (KLR) (4 August 2022) (Judgment)
✦ The claimant's termination was unjustified and he is entitled to compensation.
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Kasera & 10 others v Bidco Africa Limited (Cause 2147 of 2016) [2022] KEELRC 1566 (KLR) (4 August 2022) (Judgment)
✦ The court finds that the termination of employment was without notice and without just cause.
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Kenya National Union of Service Employers v Kamongo Waste Paper (K) Ltd & another (Cause E298 of 2021) [2022] KEELRC 3867 (KLR) (4 August 2022) (Ruling)
✦ The court dismisses the respondents' oral application to be struck from the proceedings and discharged, and confirms the orders issued in the previous ruling dated May 19, 2022.
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Wainana v Head of Public Service & 3 others (Petition E129 of 2022) [2022] KEELRC 1437 (KLR) (4 August 2022) (Ruling)
✦ The court finds the application not sub-judice and allows the interim injunctive orders.
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Kimanthi v Shah (Cause 270 of 2015) [2022] KEELRC 3866 (KLR) (4 August 2022) (Judgment)
✦ Claimant's claim dismissed
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Ngari v Tea Holding (Cause 2329 of 2017) [2022] KEELRC 3806 (KLR) (4 August 2022) (Ruling)
✦ The court finds the application hard to deciper due to unclear details and waives compliance with order 21 rule 1 of the Civil Procedure Rules.
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University of Nairobi v Ithira (Miscellaneous Application E035 of 2022) [2022] KEELRC 1652 (KLR) (4 August 2022) (Ruling)
✦ The court finds that the Applicant did not comply with the stay conditions ordered by the court.
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Kabanya v Allobai (Cause 1486 of 2015) [2022] KEELRC 3790 (KLR) (4 August 2022) (Judgment)
✦ The Court finds that the Claimant was unfairly and unprocedurally terminated from her employment.
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Kenya Building Construction, Timber & Furniture Industries Employees Union v Zhonghao Overseas Engineering Co Ltd (Cause E133 of 2022) [2022] KEELRC 1545 (KLR) (4 August 2022) (Ruling)
✦ The court finds the respondent in violation of the Constitution and Labour Relations Act, and orders the respondent to accept check-off forms, apply the wages order, stop intimidating employees, and deduct union dues.