Kenyan case law
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Onyiego v Robinson Security Limited (Cause 21 of 2016) [2023] KEELRC 2307 (KLR) (28 September 2023) (Ruling)
✦ The NTSC is set aside as it was issued in error within one year from the last action towards prosecuting the matter.
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Thuo v Samba Pharmaceuticals Limited (Cause 596 of 2016) [2023] KEELRC 2347 (KLR) (28 September 2023) (Judgment)
✦ The Employment and Labour Relations Court found that the termination of employment was unfair and awarded compensation at four months' gross salary, a certificate of service, and costs.
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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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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.
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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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Owaga v Kenya Defence Forces (Cause 296 of 2018) [2023] KEELRC 2379 (KLR) (28 September 2023) (Judgment)
✦ The claimant's claim is dismissed without merit
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Okun v Kenyatta University (Cause 363 of 2019) [2023] KEELRC 2340 (KLR) (28 September 2023) (Judgment)
✦ The court finds that the due process was adhered to and the sanction of summary dismissal was justifiable. The claimant's case of unfair labour practices and discrimination is dismissed.
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Fondo v County Government of Kilifi H.E. the Governor, Kilifi County (Petition E002 of 2022) [2023] KEELRC 2364 (KLR) (28 September 2023) (Ruling)
✦ The Petition is struck off as the Court lacks jurisdiction over the matter
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Kamba & 8 others v County Public Service Board, Machakos County Government & 2 others (Employment and Labour Relations Cause E099 of 2023) [2023] KEELRC 2227 (KLR) (28 September 2023) (Ruling)
✦ The court found that there was indeed a decision by the Respondents that could have triggered the appeal process under section 77 of the County Governments Act.
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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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Muendo & 33 others v Quality Inspectors Limited (Employment and Labour Relations Cause 230 of 2018) [2023] KEELRC 2704 (KLR) (28 September 2023) (Judgment)
✦ The Court found that the claimants were employed by the respondent, but the claimants exaggerated their salary claims.
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Gitonga v Judicial Service Commission & 3 others (Petition E192 of 2021) [2023] KEELRC 2365 (KLR) (28 September 2023) (Judgment)
✦ The JSC had the constitutional mandate to discipline judicial staff and could delegate its disciplinary powers to a committee or panel.
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Aricha v Chief Officer Ministry of Public Health and Sanitation Tukana County & 2 others (Appeal E001 of 2023) [2023] KEELRC 2371 (KLR) (28 September 2023) (Judgment)
✦ The appeal is dismissed with costs, as the findings of the trial court that the Appellant absconded duty without justifiable cause and that he cut links with the Respondents are supported by the evidence.
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Oduori v Twenty Cube Logistics Ltd & another (Cause 19 of 2019) [2023] KEELRC 2288 (KLR) (28 September 2023) (Ruling)
✦ The Respondent's application to set aside the proceedings is dismissed.
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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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Omolo v Maseno University (Cause E066 of 2021) [2023] KEELRC 2237 (KLR) (28 September 2023) (Judgment)
✦ The court held that the termination was procedurally fair and that the failure to provide for hearing or the need for an employee to make representation at an appellate stage was not procedural.
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Kenya Engineering Workers Union v Metal Crowns Limited (Employment and Labour Relations Cause E145 of 2022) [2023] KEELRC 2234 (KLR) (28 September 2023) (Ruling)
✦ The court found the grounds of opposition wanting in merit and the interim orders sought are merited.
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Ng’ongah v Mount Kenya University (Cause 1 of 2022) [2023] KEELRC 2220 (KLR) (28 September 2023) (Judgment)
✦ The court found that the Respondent did not comply with the Employment Act, 2007, in declaring Ng’ongah redundant.
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Tarmal Wire Products Ltd v Bayiri (Appeal E068 of 2021) [2023] KEELRC 2286 (KLR) (28 September 2023) (Judgment)
✦ The trial court's judgment is set aside, with the exception of the issuance of a certificate of service, and the rest of the Respondent's claims are dismissed.
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Ngolo v Western Seed Company Ltd (Cause E008 of 2023) [2023] KEELRC 2348 (KLR) (28 September 2023) (Ruling)
✦ Dismissal was not unfair as the reasons were not raised with the Claimant.
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Tole (Suing as the administrator of the Estate of Javan Shako) v Consolbase Limited & another (Cause 211 of 2017) [2023] KEELRC 2374 (KLR) (28 September 2023) (Judgment)
✦ The court finds the termination unfair and awards compensation, notice pay, and leave pay.
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Akuja v Turkana University College & another (Cause 15 of 2023) [2023] KEELRC 2373 (KLR) (28 September 2023) (Ruling)
✦ The application is granted.
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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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Nyandoro v Flamingo Horticulture Kenya Limited (Cause 1401 of 2018) [2023] KEELRC 2242 (KLR) (28 September 2023) (Judgment)
✦ The termination was found to be unlawful and unfair.