Kenyan case law
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Alfred Ochieng Ogola v Booth Extrusions Limited [2019] KEELRC 1670 (KLR)
✦ The Court finds the termination of the claimant's employment unjustified and unfair, and awards 12 months' pay as compensation.
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Simon Lianda Makheti v Wells Fargo Limited [2019] KEELRC 1506 (KLR)
✦ The application is dismissed without merit
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Benson Muunde Mulei v Italbuild Importers Limited [2019] KEELRC 1663 (KLR)
✦ The dismissal was found to be unfair and unlawful, and the claimant is awarded 5 months compensation, one month in lieu of notice, and one month pay in lieu of annual leave.
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Felister Wawira Nyagah v Thika Coffee Mills Limited [2019] KEELRC 1648 (KLR)
✦ Claimant is not entitled to terminal dues and exemplary damages due to lack of valid explanation for absence and failure to seek leave extension. Claimant is entitled to a certificate of service.
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Mohammed Khamis Hemed v Almasi Beverages Limited [2019] KEELRC 1651 (KLR)
✦ The court finds that the dismissal was unlawful, wrongful, unconstitutional, and irregular. The treatment of the claimant was inhumane and cruel. The claimant is entitled to a declaration, damages, and a certificate of service.
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Eric Muthama Nduu v Jayveer Enterprises Limited [2019] KEELRC 1509 (KLR)
✦ The application is dismissed with costs.
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Kevin Isika Mule v HFC Limited [2019] KEELRC 1653 (KLR)
✦ The claimant is awarded 6 months' compensation for unfair termination and a sum of Kshs.8,960,459.20 (less due PAYE) by 01.07.2019.
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Benjamin Muriuki Selestino v Cobra Security Company Limited [2019] KEELRC 1657 (KLR)
✦ The Court dismissed the suit with costs to the Respondent as the Claimant failed to prove constructive dismissal and resigned voluntarily.
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Oserian Development Company Limited v Jackson Oteyo Sila [2019] KEELRC 1707 (KLR)
✦ The Court of Appeal dismissed the appeal and upheld the lower court's finding that the respondent was liable in negligence and awarded Kshs.3,000,000.00 in compensation.
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Samuel Otieno Omuga v Public Service Board Migori County & another; Fredrick Waudi Jullu (Interested Party) [2019] KEELRC 1585 (KLR)
✦ The court dismissed the application, finding that the Public Service Board had the authority to initiate disciplinary proceedings and that the applicant's application was filed out of time.
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Julius Gitikuri Munyua Mutuaruchiu v National Irrigation Board [2019] KEELRC 1593 (KLR)
✦ Suit dismissed, Claimant to proceed to the Respondent and collect his dues within 14 days of the judgment.
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David Ouma Gor v Clerk-Homa Bay County Asembly & another [2019] KEELRC 1656 (KLR)
✦ The dismissal was not for a valid reason and the procedure was not fair.
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Peter Muthoni t/a Peter Muthoni & Company Advocates v Patrick Gichinga Ngunjiri [2019] KEELRC 1647 (KLR)
✦ The court enters judgment for the Applicant for Kshs. 184,986.20 in terms of the Certificate of Costs.
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Kenya Union of Domestic Hotels, Educational Institutions Hospitals and Allied Workers v Pwani University & another [2019] KEELRC 1666 (KLR)
✦ The Claimant lost its simple majority status and cannot claim agency fees.
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Kenya National Union of Nurses v Murang’a County Service Public Board & another [2019] KEELRC 1661 (KLR)
✦ The Court dismisses the claim with costs to the Respondents.
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Kenya Union of Commercial, Food & Allied Workers v Kitui Water & Sanitation Co. Ltd [2019] KEELRC 1545 (KLR)
✦ The court dismissed the claim and ordered the reinstatement of the Grievant with costs to the Respondent.
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Robert Kabomu Kitsao v Beaumont Resort Limited [2019] KEELRC 1485 (KLR)
✦ The Court finds the termination unlawful and unfair, and awards compensation including 8 months' salary, 1 month's notice pay, and service pay.
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Samuel Odida Agutu v Metal Crowns Limited [2019] KEELRC 1609 (KLR)
✦ The court finds the termination unfair and unjustified, and awards maximum compensation of 12 months' salary.
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Kenya Private Universities Workers Union v Kenya Methodist University [2019] KEELRC 1582 (KLR)
✦ The court declared the Respondent's code of conduct illegal, null, and void to the extent it denied union membership to unionisable staff. The court ordered the Respondent to allow the Claimant to access its premises and to deduct union dues and remit them to the Claimant's account.
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Kenya Hotels and Allied Workers Union v Crescent Hotel [2019] KEELRC 1622 (KLR)
✦ The claim is unsustainable and dismissed with no orders as to costs
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Maureen K. Imbiakha & another v Teachers’ Service Commission & 2 others [2019] KEELRC 1634 (KLR)
✦ The interdictions were found to be unfair and the respondents did not comply with the regulations on interdiction procedure.
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Changawa Chome Ngala v Athi River Mining Cement Limited [2019] KEELRC 1667 (KLR)
✦ The Appellant's application is allowed, and the firm of Wanjiku Mohamed Advocates is directed to perfect its appearance by obtaining and filing written concurrence from the firm of Kariuki, Gathuthi & Company Advocates.
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David Kwoba & 5 others v United Millers Limited [2019] KEELRC 1616 (KLR)
✦ The court upheld the Labour Officer's report and ordered the claimants to be paid their accrued leave and severance pay as computed by the Labour Officer.
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Bakery, Confectionery, Food Manufacturing and Allied Workers Union v United Millers Limited [2019] KEELRC 1620 (KLR)
✦ The Court held that an employee who is terminated within two years of the CBA's effective date is not entitled to service pay, while an employee who leaves service after two years is entitled to service pay for all years worked.
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Omar Mohammed Soha & another v Kitale Industries Limited & another [2019] KEELRC 1627 (KLR)
✦ The claimants were employees of both the 1st and 2nd respondents. The termination was unfair, and they are entitled to compensation.