Kenyan case law

ALI MAHMUD MBWARALI V MINISTRY OF LANDS & 2 OTHERS [2012] KEELRC 148 (KLR)

✦ The dismissal is unfair and the claimant is to be retired in public interest.

ALFONCE PASCAL MUTISO V TRICLOVER INDUSTRIES (K) LTD [2012] KEELRC 42 (KLR)

✦ Claimant is entitled to 1 month salary in lieu of notice, absent pay deducted, 6 months salary compensation for unlawful termination, and a certificate of service.

LABAN MUDANYI v K.S. CHADHA AND J.K. CHADHA [2012] KEELRC 101 (KLR)

✦ The court finds that the Respondents unfairly terminated the employment of the Claimant and orders them to pay compensation and other benefits as claimed.

WILFRED BUKACHI OPWAKA V READY CONSULTANCY COMPANY LIMITED [2012] KEELRC 143 (KLR)

✦ Claimant's dismissal was unlawful and he is entitled to payment of terminal dues and damages.

KENYA HOTLES AND ALLIED WORKERS UNION V NAIROBI GYMKANA CLUB (TRUSTEES) [2012] KEELRC 82 (KLR)

✦ The court finds that the termination of the claimant's contracts of service by the Respondent was fair.

KENYA HOTELS AND ALLIED WORKERS UNION v PALACINA HOTEL (THE RESIDENCE AND SUITES) [2012] KEELRC 224 (KLR)

✦ The Court directs that the matter be fixed for full hearing at a date convenient to the parties.

Kenya Electrical Trades & Allied Workers Union V Peter Mutemi & 2 others [2012] KEELRC 65 (KLR)

✦ The Court ordered the Respondents to remit a third of the monthly contributions from the Central Rift Branch to the Central Rift Branch of the Union.

Banking, Insurance & Finance Union (Kenya) V Telepost Co-Operative Savings & Credit Society Limited [2012] KEELRC 66 (KLR)

✦ The Court orders an increase in the golden handshake, transport allowance, commuter allowance, and a 25% increase in salaries and wages over 2 years.

KENYA GUARDS AND ALLIED WORKERS v PATRIOTIC GUARDS [2012] KEELRC 122 (KLR)

✦ The court finds that the termination of the grievants' employment was unfair labor practice due to the unrealistic obligations imposed and lack of necessary resources.

Charles Kiruthi Mwangi v G4S Security Services (K) Ltd [2012] KEELRC 263 (KLR)

✦ The claim is not time barred.

Gilbert Nyabuto Mosome v Standard Limited [2012] KEELRC 67 (KLR)

JOSEPH OKELO ADHIAMBO & another v Y.J. ELMI & 2 others [2012] KEELRC 267 (KLR)

✦ The court finds the Claimants were employees of the Respondents and that their termination was unfair. The court orders compensation for each Claimant in lieu of notice and wrongful termination.

PATRICK NJUGUNA KARIUKI V DEL MONTE (K) LIMITED [2012] KEELRC 259 (KLR)

✦ The court found the termination to be unfair and not procedurally correct.

Kenya Plantation & Agricultural Workers Union v Kilifi Plantations Limited [2012] KEELRC 64 (KLR)

✦ The Court dismisses the application for review, finding that the Union did not present new evidence or a mistake on the face of the record, and that the dismissal of Grievants was not against the rules of natural justice.

CLEOPAS PIRI AND 6 OTHERS V SPEARS SHIP CONTRACTORS [2012] KEELRC 86 (KLR)

✦ The court finds that the Respondent unfairly terminated the services of the claimants.

BARACK ODHIAMBO MANGO V M/S. TAWFIQ KENYA LIMITED [2012] KEELRC 155 (KLR)

✦ The Court ordered the Respondent to pay the Claimant severance pay, salary in lieu of notice, salary compensation, and expenses as per the claims.

REHANA MOHAMMED v MM MOBILE LIMITED [2012] KEELRC 223 (KLR)

✦ Claimant awarded one month's salary in lieu of notice and salary arrears for April to June 2011.

ENGINEER IDDI ALI MWASINA V COAST WATER SERVICES BOARD [2012] KEELRC 112 (KLR)

✦ The claimant was wrongfully dismissed and is entitled to payment of gratuity, salary in lieu of notice, salary for the months of February, March, and April 2010, and 6 months salary compensation for unlawful termination.

James Kipkonga Kandagor v Moi Teaching Referal Hospital [2012] KEELRC 28 (KLR)

✦ The application for stay of execution is granted, and the decretal sum will be deposited in a joint bank account.

KUDHEIHA V B.O.G. LUGULU GIRLS HIGH SCHOOL [2012] KEELRC 168 (KLR)

✦ The Court dismissed the claimant's request for reinstatement and ordered the respondent to pay terminal benefits in accordance with the collective bargaining agreement and salary scales.

BANKING, INSURANCE AND FINANCE UNION (K) V BARCLAYS BANK OF KENYA LTD [2012] KEELRC 75 (KLR)

✦ The claim is not time barred as the cause of action accrued on 8th March, 2010 when the Respondent declared it would not vary its original decision regarding the grievant's termination. The court dismisses the preliminary objection.

JAMES ONKOBA TONGI & 3 OTHERS V ROBERT ODWORI ABWOGA & 2 OTHERS [2012] KEELRC 47 (KLR)

✦ The court will not give any orders in relation to this application but will consolidate the three causes for further directions.

KNK v Alassane Ba & another (Cause 1296 of 2012) [2012] KEELRC 172 (KLR) (22 October 2012) (Ruling)

✦ The court dismisses the case and strikes out the Memorandum of Claim.

MWINGI MITIKA V INTER SECURITY SERVICES LTD [2012] KEELRC 113 (KLR)

✦ Judgment is entered for the claimant against the respondent for payment of terminal dues of Ksh.136,679 plus interest and costs of the cause.

CHARLES BWOMA V KENYATTA NATIONAL HOSPITAL MANAGEMENT BOARD (Cause 241 of 2012) [2012] KEELRC 149 (KLR) (19 October 2012)

✦ The court finds that the claimant deserted duty and was absent from duty without permission, making the grounds for absence from duty unlawful. Therefore, the termination was not unfair.