Kenyan case law

Kenya National Private Security Workers Union v Pepco Kenya Limited (Cause 1451 of 2013) [2018] KEELRC 2616 (KLR) (18 December 2018) (Judgment)

✦ The court finds in favor of the Claimant on the issue of unpaid overtime and rest days, awarding the grievant 17,333/= and costs of the suit.

Robert Kimutai Rutto v Hotel Cathay Limited (Cause 269 of 2017) [2018] KEELRC 179 (KLR) (18 December 2018) (Judgment)

✦ The court awards leave pay and salary for February 2017 to the claimant.

Dennis Kipngetich Koech v MKPPA Kenya Limited [2018] KEELRC 90 (KLR)

✦ The court finds the dismissal procedurally unfair and awards compensation for the unexpired term contract.

Peterkeen Mwiu Kimweli & 21 others v National Social Security Fund Board of Trustees [2018] KEELRC 184 (KLR)

✦ The court finds that the claimants have not complied with the court's previous ruling and that the suit is not res judicata.

Josephine Waithera Kiboi v Charleston Travel Limited [2018] KEELRC 239 (KLR)

✦ Claimant's dismissal was unfair and unjustified.

Paul Wachiuri Ndonga v Keroche Breweries Limited [2018] KEELRC 133 (KLR)

✦ Termination of employment was unfair and contrary to Employment Act, 2007

Consolata Nekesa Otieno & Collins Omondi Athe (Suing on their behalf and as Administrator and Administratrix of the Estate of Hastings Otieno Athe (Deceased) v Manufacturers and Suppliers (K) Limited [2018] KEELRC 261 (KLR)

✦ The Respondent is not liable to pay costs of the claim. Each party is ordered to pay its own costs.

Anne Unice Wandia Muriithi v M-Kopa Kenya Limited [2018] KEELRC 178 (KLR)

✦ The court found the termination of employment to be unfair and awarded the claimant Ksh.320,000 for the unexpired term of the contract.

Mary Nyawira Karimi v Pure Circle (K) Limited (Cause 403 of 2016) [2018] KEELRC 187 (KLR) (18 December 2018) (Judgment)

✦ The claim for notice pay in redundancy is found justified. The claimant is awarded notice pay due and unpaid under section 40(1)(b) and (f) of the Employment Act, 2007 at Ksh.65,000.00.

Kenneth Nyaga Mwige v Minister for Justice, National Cohesion & Constitutional Affairs & another [2018] KEELRC 120 (KLR)

✦ The unlawful removal from office of the Petitioner was unfair and discriminative, and damages of Kshs. 10,000,000/- are awarded.

Erastus Kiyabi Simiyu v Balaji Flowers [2018] KEELRC 85 (KLR)

✦ The court finds the termination of employment to be unfair and awards compensation, notice pay, and days worked pay.

Matthews Orinya Oyule & another v Kenya Revenue Authority [2018] KEELRC 414 (KLR)

✦ The application for interlocutory injunction is dismissed with costs.

Lennox Omondi Oyoko v Ruiru Feeds Limited [2018] KEELRC 463 (KLR)

✦ The Court finds the Claimant's employment was unfairly terminated and awards him compensation, wages, leave, and house allowance.

Ruth Wakio Mbaga v Kache Limited [2018] KEELRC 288 (KLR)

✦ The Claimant's termination was found to be unfair, and she is awarded 1 month's salary in lieu of notice, 6 months' compensation for unfair termination, 1 month's salary for October 2012, and 15% of her salary for 3 years as house allowance.

Peter Njoroge Kamau v Aga Khan Health Services t/a Aga Khan University Hospital Nairobi [2018] KEELRC 400 (KLR)

✦ The Claimant's claims for unpaid dues are dismissed as he failed to prove any of the claims.

Maurice Mumo Kiilu v Mufaddal Glass Distributors Limited [2018] KEELRC 189 (KLR)

✦ The Court finds that the Claimant was unfairly and unjustly dismissed as provided for under Section 45(2) of Employment Act.

Eboyi v Kashangaki (Cause 451 of 2014) [2018] KEELRC 2605 (KLR) (17 December 2018) (Judgment)

✦ The dismissal was unlawful and the Claimant is entitled to one month's salary in lieu of notice, leave pay for 3 years, service pay for 12 years, and compensation for unlawful dismissal for 6 months.

George Ochieng’ Ododa & others v Kenya Railways & another [2018] KEELRC 96 (KLR)

Bernard Langat v Bob Morgan Services Limited [2018] KEELRC 171 (KLR)

✦ The dismissal was unfair and unjustified due to the Claimant's absence and failure to communicate the reason for his absence.

Moses Kibet Kemei v ECO Bank Kenya Limited [2018] KEELRC 347 (KLR)

✦ The termination was not unfair.

Kennedy Moindi Otwori v National Treasury & another [2018] KEELRC 334 (KLR)

✦ The termination of the claimant's employment was found to be unlawful, irregular, null and void.

Engineer Mwalimu Kithome Musau v Kenya Water Institute & another [2018] KEELRC 318 (KLR)

✦ The termination of the Claimant's employment was not lawful and fair due to the lack of proper investigation and the suspension without a specified period or reasons.

John Otieno Nyamwa & 66 others v University of Nairobi [2018] KEELRC 324 (KLR)

✦ Claimants' statement of claim is struck out and each party bears their own costs.

Kenya Union of Commercial Food & Allied Workers v Amus Motors [2018] KEELRC 240 (KLR)

✦ The suit is dismissed with no order as to costs.

Christine Opiyo Lamon v Seventh Day Adventist Church East Africa Ltd [2018] KEELRC 62 (KLR)

✦ The court found that the respondent has discharged her burden of proving and justifying the reason for terminating the claimant's services as required by the Employment Act.