Kenyan case law

Paul Ngei Kisilu v Astrazeneca Pharmaceuticals Limited [2017] KEELRC 1290 (KLR)

✦ The court declines to order reinstatement but allows the parties to present their cases and will hear the main suit.

Fredrick Owino Otieno v Kazuri 2000 Limited [2017] KEELRC 1265 (KLR)

✦ The Claimant was not unfairly dismissed, but there was no notice issued. The Claimant is awarded notice pay of Kshs.15,500.

Benard Osero Otochi v J.R.S. Group Security Limited [2017] KEELRC 1401 (KLR)

✦ The Claimant was unfairly terminated and is entitled to several remedies including one month's salary in lieu of notice, annual leave, underpayments, rest days, public holidays, and compensation.

Joseph Otieno Oruoch v Kenya Medical Practitioners, Pharmacists & Dentists & another [2017] KEELRC 1407 (KLR)

✦ The court certified that the petition raises substantial questions of law and forwarded the file to the Chief Justice to constitute a bench to hear and dispose of the petition.

Joyce Vihenda Chahilu v Gichina Avin [2017] KEELRC 1280 (KLR)

✦ termination was without due cause and thus unfair and contrary to mandatory provisions of the law

Boniface Mutua Maingi v Rift Valley Products Limited [2017] KEELRC 1686 (KLR)

✦ The Court finds termination unfair due to non-compliance with Employment Act, 2007, and awards the Claimant outstanding leave, pay in lieu of notice, and severance pay.

David Nderitu Mwangi v Tusker Mattresses Limited [2017] KEELRC 1650 (KLR)

✦ The Claimant's application dated 26th October 2016 is declined with no order for costs

Bosco Mutegi Kiura v County Government Of Embu & another [2017] KEELRC 1468 (KLR)

✦ The Respondents' application for review is dismissed.

Bernard Otieno v DHL Exel Supply Chain (K) Limited [2017] KEELRC 1667 (KLR)

✦ The Court finds that the termination of the Claimant's employment was both substantively and procedurally unfair.

Patrick Ngeke Wandera v Barbara Katsole & another [2017] KEELRC 1674 (KLR)

✦ Termination was unfair and unlawful, and the Respondents are ordered to pay the Claimant a total sum of Kshs. 161,480.

Joseph Maina Theuri v Gitonga Kabugi & 3 others [2017] KEELRC 1660 (KLR)

✦ The Court orders a declaration that the 4th Respondent violated the Claimant's contractual expectation to renewal of contract and awards Kshs 706,560/- in damages.

Lawrence Kibii Toroitich v Baringo County Government & 5 others [2017] KEELRC 1685 (KLR)

✦ The Court finds no merit in the Petition and orders that it be dismissed with costs to the Respondents and Interested Party.

Kenya Union of Entertainment and Music Industry Employees v Bomas of Kenya Limited [2017] KEELRC 1651 (KLR)

✦ Decline to grant any further orders and direct parties to set down main claim for hearing on priority basis

Nicholas Kipkemoi Korir v Hatari Secuirty Guards Limited [2017] KEELRC 1694 (KLR)

✦ The application as filed does not fit the parameters for which a review of judgement may be made, and is therefore dismissed with costs.

Joseph Matuu Mutinda v Government of Makueni County & another [2017] KEELRC 1695 (KLR)

✦ Application dismissed with direction for remedies after full trial.

Ali Kulo Godana & 8 others v Jiangxi Zhongmei Engineering Construction Company Limited [2017] KEELRC 1703 (KLR)

✦ The court finds that the termination of the employment by the respondent was unfair for want of due process and awards the claimants compensation for unfair termination, unpaid house allowance, and other benefits.

Pooroosotum P Bheekhoo v Linksoft Group Limited & Linksoft Communications Systems Limited [2017] KEELRC 1255 (KLR)

✦ The objection proceedings fail and is hereby dismissed with costs to the claimant.

Kelvin Karungu Karanja v Tusker Mattresses Limited [2017] KEELRC 1657 (KLR)

✦ The termination of the Claimant's employment was not lawful and fair.

Samson Arap Bii & 9 others v Benard Kiplangat Kilele T/A North Njoro Farm & 2 others [2017] KEELRC 1678 (KLR)

✦ The Court gave directions for the filing of process to facilitate the hearing and conclusion of the Cause.

Boniface Lum Amunga Biko v National Bank of Kenya Limited [2017] KEELRC 1297 (KLR)

✦ The court has jurisdiction to hear and determine the matter of wrongful and unfair termination of employment and the payment of loan facilities.

Republic v Samson Mwathethe & another Ex-Parte Senior Sergeant Samson Kazungu [2017] KEELRC 1295 (KLR)

✦ The Employment and Labour Relations Court has jurisdiction to grant orders of reinstatement. The 1st Respondent is not entitled to appeal the High Court's decision.

Fredrick Mulwa Mutiso v Kenya Commercial Bank Limited [2017] KEELRC 1664 (KLR)

Pauline Nyokabi Mwangi v Valley Hospital Limited [2017] KEELRC 1705 (KLR)

✦ The Court finds the employment was unfairly terminated but declines to award compensation.

Joel Mbuthia & 2 others v Registrar of Trade Unions [2017] KEELRC 1698 (KLR)

✦ The applicants' application for leave to file an appeal is allowed.

Kenya Chemicals & Allied Workers Union v KEL Chemicals Limited [2017] KEELRC 1288 (KLR)

✦ The Court held that the effective date of the CBA should be 1st December, 2012, as agreed upon by the parties in the outgoing CBA.