Kenyan case law

Osman Ali Fankey v National Police Service Commission & 3 others [2019] KEELRC 200 (KLR)

✦ The interim orders on record are not set aside, and there is a stay of implementation of the relevant interim orders till further orders by the Court.

Meshack Omuse Omadede v Mambo Express Courier Limited [2019] KEELRC 187 (KLR)

✦ The Court finds that the termination was unfair and the Respondent breached the contract.

Edwin Gichangi v Kenya Cultural Centre [2019] KEELRC 203 (KLR)

✦ The Court finds no merit in the Respondent's application and finds the applicant's application devoid of merit save for the finding that he had handed over and is entitled to accrued salaries/dues up to 31 August 2019.

Sammy Ekatorot Nawoi v Attorney General [2019] KEELRC 159 (KLR)

✦ The court finds the claimant entitled to salary arrears and consequential payments, and the terms and conditions of service are found to be unfair labour practice.

Republic v Kenya Copyright Board & 2 others Exparte Meshack V Otieno & 4 others [2019] KEELRC 157 (KLR)

✦ The Court held that the suspension of allowances was not lawful and ordered the reinstatement of allowances

Joseph Mutuku Musee v Kenya Vehicle Manufactures (Cause 1964 of 2012) [2019] KEELRC 58 (KLR) (Employment and Labour) (5 December 2019) (Ruling)

✦ Both the Claimant's claim for commissions and the Respondent's counterclaim for a car loan balance and fuel expenses are dismissed.

Musee Kithu v Auto Continental Limited [2019] KEELRC 233 (KLR)

✦ The court finds that the employment was lawfully terminated and dismisses the claims for leave pay, service pay, and overtime pay.

Car & General Trading Limited v Ibrahim Kones [2019] KEELRC 209 (KLR)

✦ Application for review is dismissed

Julius Singoei v Cabinet Secretary Ministry of Education & 2 others [2019] KEELRC 2605 (KLR)

✦ The petition does not raise Constitutional issues to warrant the making of the orders sought.

Bernard Antony Kimwere v Kenya Ports Authority [2019] KEELRC 260 (KLR)

✦ The Claim is dismissed under Section 66 of the KPA Act

Charles Corris Momanyi v B.O.G Nyabururu Girls High School & 2 others [2019] KEELRC 194 (KLR)

Erick Ochieng Aram & 29 others v Foam Mattresses Limited & another [2019] KEELRC 2557 (KLR)

✦ The 1st respondent was found to be the employer of the claimants. The termination of employment was not lawful and fair.

Julius Gikonyo Mwangi v National Water Conservation and Pipeline Corporation & another [2019] KEELRC 228 (KLR)

✦ The Claimant's claim is time-barred and is struck out with no order for costs.

Kelas Wanyama & 3 others v G4S Kenya Limited [2019] KEELRC 21 (KLR)

✦ The court found the dismissal valid and fair, and denied the claimants' relief requests.

Charo Kitsao Ngoka & another v Kalu Works Limited [2019] KEELRC 184 (KLR)

✦ The claims are consolidated and the second claim is not struck out.

Augustus Masyuki Mbaluka v Kenya Kazi Security Limited [2019] KEELRC 208 (KLR)

✦ The dismissal was wrongful and unfair due to the lack of solid basis for determining the Claimant's culpability without the full outcome of investigations.

Republic v County Government of Embu & 2 others Ex Parte Mannyonge Wanyama & Associates Advocates [2019] KEELRC 227 (KLR)

✦ The court directs the Respondents to pay the ex parte Applicant taxed costs of Kshs. 437,960.91 in respect of Cause No. 279 of 2016, Kshs. 676,535.19 in respect of Cause No. 280 of 2016 and Kshs. 552,618.21 in respect of Cause No. 281 of 2016 within 30 days of this order.

Edward Rashid Makore v Rift Valley Railways (K) Limited [2019] KEELRC 164 (KLR)

✦ Claimant's claim for unlawful redundancy and underpayment of terminal dues is dismissed with no order for costs.

Kudheiha Workers v Catholic Bookshop Diocese of Embu [2019] KEELRC 224 (KLR)

✦ The Court dismisses the suit, substitutes the Grievants as the 1st, 2nd, and 3rd Claimants, and orders the Respondent to compute and pay the sums due for one month salary in lieu of notice and gratuity for each Grievant.

Paul K. Maru v Bomet Teachers Training College (The Board of Directors) & another [2019] KEELRC 22 (KLR)

✦ The termination of employment was not for a valid reason and a fair and lawful procedure was not followed.

John Kimani Ngio v Auto Hauliers [K] Limited [2019] KEELRC 68 (KLR)

✦ Termination was declared unfair.

Newton Muriithi Murangiri v PJ Dave Flowers Limited [2019] KEELRC 241 (KLR)

✦ The dismissal was lawful and procedurally fair, and the suit is dismissed with costs.

JWK v Multimedia University College of Kenya & another (Cause 2041 of 2012) [2019] KEELRC 3 (KLR) (4 December 2019) (Judgment)

✦ The Court found that the claimant was not sexually harassed by the 1st Respondent's security guards and the 2nd Respondent. The sexual harassment policy was not in place, and the claimant was not discriminated against.

Emmanuel Ebenezer Oduor v County Secretary, County Government of Homabay & 2 others [2019] KEELRC 162 (KLR)

✦ The court finds the termination unlawful and unfair, and orders reinstatement without loss of salary or benefits.

Charles Otieno Okaka v Ndugu Transport Company Limited [2019] KEELRC 163 (KLR)

✦ The claimant's claim is dismissed as he failed to prove his employment from 2007 and had a record of absenteeism.