Kenyan case law

Henry Mwangi Mungai v Karuri Civil Engineering Ltd [2014] KEELRC 115 (KLR)

✦ The Court allows the application and directs the applicant to file his claim within twenty-one days of this order.

Stephen Ndirangu Ndungo v Wanjuki Muchemi [2014] KEELRC 1015 (KLR)

✦ The court awards the claimant compensation for salary for November 2003, one month's salary in lieu of notice, house allowance for the year 2003, leave allowance for the year 2003, and NSSF deductions. The claimant shall have interest on the decretal sum together with costs of the suit.

William Winga v Robinson Investment Limited t/a Servitor Investment Limited [2014] KEELRC 1040 (KLR)

✦ The claimant's statement of claim is struck out with costs.

Kenya Union Of Domestic, Hotels, Educational Institutions, Hospitals And Allied Workers (Kudheiha) v Sunbird Lodge Limited [2014] KEELRC 1118 (KLR)

✦ The court finds that the respondent has not established why the employees who were supervisors did not qualify as part of the simple majority threshold. The court holds that once the claimant achieved the 51% or simple majority recruitment, the statutory test for recognition was met.

Jasper Nyaboga v Party of National Unity [2014] KEELRC 592 (KLR)

✦ The sum of Kshs.4,636,625 shall be retained by the Claimant's Advocate as security for the Claimant's Gratuity Payment

John Barasa Wasike v Linda Security Company Limited [2014] KEELRC 105 (KLR)

✦ The Application is rejected and the Claimant may proceed to execute.

Japheth M. Erazia v Budget Driving School [2014] KEELRC 1220 (KLR)

✦ Order that the respondents offset the decretal sum in 4 equal monthly instalments with effect from 5th August 2014 and on 5th of every subsequent month until payment in full.

Zakary Mwangi Muriu v Kenya Union of Commercial Food and Allied Workers & another [2014] KEELRC 1474 (KLR)

✦ The claimant is entitled to Kshs. 45,000 as reasonable pay for the period of acting as branch secretary. The claimant is not entitled to Kshs. 90,000 as half salary for the period of suspension as a part-time official. The claimant is not entitled to Kshs. 53,000 as the amount of money received by the respondents as judgment sum in favor of Josphat Nyaga Njoka.

John Kinyanjui Gateru v Family Bank Limited [2014] KEELRC 811 (KLR)

✦ The application is granted with the claimant restrained from parting with possession or transferring ownership of motor vehicle KBH 413N until the final conclusion of the matter.

Augustine Odhiambo Abiero v K.K. Security Ltd [2014] KEELRC 427 (KLR)

Transport & Allied Workers Union (K) v Societe Internationale De Tele Communication Aeronautiques (SITA) [2014] KEELRC 808 (KLR)

✦ Documents in issue are necessary for a fair determination of the case and are therefore admissible.

Kudheiha v Board of Governors, Matuga Girls High School [2014] KEELRC 889 (KLR)

✦ The Court finds that the issue relating to deduction and remitting of union dues has been overtaken by events while the prayer for negotiation of a Collective Bargaining Agreement is premature. The Union has established that it merits to be granted recognition by the Respondent.

Francis Mutinda Nyae v DPL Festive Limited [2014] KEELRC 350 (KLR)

✦ The claimant was a casual employee, and the termination was wrongful, unfair, and unlawful.

Festus Mutua & 51 Others v Eveready Batteries (K) Limited [2014] KEELRC 1352 (KLR)

✦ The plaintiffs' claims for statutory benefits are upheld.

Alfred Abii Ogombo v Polycap Ocholla & 2 others [2014] KEELRC 348 (KLR)

Silas Kipruto & another v County Government of Baringo & another [2014] KEELRC 758 (KLR)

✦ The claimants were absorbed into the County Assembly service and are lawful employees. The removal of the claimants was unlawful.

Francis Somoni Kamasia v Unilever Tea Kenya Limited [2014] KEELRC 1000 (KLR)

✦ The claim is statute barred.

Stanslaus G. Motte v Bamburi Cement Limited [2014] KEELRC 529 (KLR)

✦ The termination was wrongful and unfair, and the Claimant is entitled to one month salary in lieu of notice, refund of deposit, and ten months salary as compensation.

Kenya Plantation And Agricultural Workers Union v Maramba Tea Factory [2014] KEELRC 738 (KLR)

Joanes Owino Okoth (Secretary General) & 2 others v David Muli & 16 Others [2014] KEELRC 1290 (KLR)

✦ The court dispenses with all pending interlocutory applications and directs the parties to prosecute the main suit.

Kenya Chemical & Allied Workers Union v Pharmaceutical Manufacturing Co. (K) Limited [2014] KEELRC 226 (KLR)

Royal Court Hotel v Minister For Labour & another [2014] KEELRC 379 (KLR)

✦ The Court endorses the decision of the Minister without any amendment and directs the Appellant Royal Court Hotel to recognize the Respondent union (KUDHEIHA) for negotiating and collective Bargaining purposes.

Kenya Union of Commercial Food and Allied Workers v Kamahuha Farmers Co-operative Society Limited [2014] KEELRC 828 (KLR)

✦ Judgment for Kshs.299,280

Joseph Onderi Nyangau v Kenya Marine & Fisheries Research Institute [2014] KEELRC 83 (KLR)

Moses Olubandwa Wemisiko v Unga Limited & 2 others [2014] KEELRC 21 (KLR)