Kenyan case law

EPCO Builders Limited v Malongo (Employment and Labour Relations Appeal E138 of 2023) [2024] KEELRC 13528 (KLR) (18 December 2024) (Judgment)

✦ The court finds that the Respondent did not resign from employment and was not unfairly terminated.

Auma v County Government of Kisumu (Cause . E005 of 2021) [2024] KEELRC 13448 (KLR) (18 December 2024) (Judgment)

✦ The Court held that the deceased was not an employee of the respondent and dismissed the suit as statute barred.

Makungu & another v National Police Service Commission & 4 others; Chairperson the Commission on Administrative of Justice (Interested Party) (Petition E043 of 2024) [2024] KEELRC 13446 (KLR) (18 December 2024) (Ruling)

✦ The Petitioners' case based on promissory estoppel is not valid as there is no contractual relationship and no consideration.

Ali v Chief Executive Officer, National Health Insurance Fund & another (Cause E440 of 2024) [2024] KEELRC 13460 (KLR) (18 December 2024) (Judgment)

✦ Disciplinary proceedings and interdiction were legitimate and procedurally fair

Kigotho v Acme Wanji Investment Limited (Employment and Labour Relations Appeal E054 of 2023) [2024] KEELRC 13618 (KLR) (18 December 2024) (Judgment)

✦ The Employment and Labour Relations Court reinstates the appellant's claim and transfers it to the Mavoko Magistrate Court for hearing and determination.

Sirengo v Retirement Benefits Authority & 2 others (Judicial Review E031 of 2024) [2024] KEELRC 13449 (KLR) (18 December 2024) (Ruling)

✦ The 3rd Respondent's preliminary objection is sustained.

Kirui v Lynn Ngugi Media Network Limited (Employment and Labour Relations Cause E664 of 2022) [2024] KEELRC 13444 (KLR) (18 December 2024) (Judgment)

✦ Claimant is entitled to compensation for unlawful termination, prorated service pay, and leave pay.

Gathura Investments Limited v Musikali (Civil Appeal E090 of 2023) [2024] KEELRC 13617 (KLR) (18 December 2024) (Judgment)

✦ The appeal is partially successful, and the judgment and decree of the lower court is set aside. The claimant is awarded notice pay, compensation for unfair termination, untaken annual leave, and overtime payment.

Kenya Medical Practitioners, Pharmacists and Dentists’ Union v County Government of Kiambu & another; Njeru & 316 others (Interested Parties); Ndegwa & 6 others (Contemnor) (Constitutional Petition 174 of 2024) [2024] KEELRC 13595 (KLR) (18 December 2024) (Ruling)

✦ The application is dismissed as the applicant has failed to provide sufficient and admissible evidence to substantiate the allegations against the respondents and the purported contemnors.

Corrugated Sheets Limited v Kalama & 10 others (Appeal E021 of 2024) [2024] KEELRC 13475 (KLR) (18 December 2024) (Ruling)

✦ Order of stay of execution pending hearing and determination of appeal

Texas Alarms (K) Limited v Wanyonyi (Appeal E012 of 2024) [2024] KEELRC 13503 (KLR) (18 December 2024) (Judgment)

✦ The appeal is dismissed. The termination was justified under the Employment Act, and the notice pay and compensation were correctly awarded.

Enterprises & 2 others v Azei (Appeal E033 of 2024) [2024] KEELRC 13561 (KLR) (18 December 2024) (Judgment)

✦ The court dismissed the appeal and upheld the trial court's judgment.

Cosmas v Kenya Maritime Authority (Cause E012 of 2024) [2024] KEELRC 13554 (KLR) (18 December 2024) (Judgment)

✦ The claimant is retained on half salary until cleared under the EACC Mombasa Case No.3 of 2020. The claimant is not entitled to hardship allowance while on DSA.

Winners Chapel International Nairobi t/a Kingdom Heritage Model School v Nyaoko (Employment and Labour Relations Appeal 8 of 2020) [2024] KEELRC 13612 (KLR) (18 December 2024) (Judgment)

✦ The court upheld the cited authorities by the parties on the role of the court on first appeal and found that the appellant was properly sued before the trial court.

Kenya Petroleum Oil Workers Union v Oryx Service Station and Pebo Filling Station (Cause E072 of 2021) [2024] KEELRC 13579 (KLR) (18 December 2024) (Ruling)

✦ The Court grants the stay of execution pending appeal.

S S Dhillon Transporters (K) Ltd v Wamiti (Appeal E041 of 2023) [2024] KEELRC 13620 (KLR) (18 December 2024) (Judgment)

✦ The court set aside the judgment and decree of the learned Principal Magistrate and ordered the following: a declaration that the dismissal of the Respondent was lawful and justified; a declaration that the claim for house allowance from 9th November 2016 downward were time barred and therefore unrecoverable; a declaration that the claim for leave allowance from 9th November 2016 downward were time barred and therefore unrecoverable; the award of the compensatory damages be set aside; and the cost of the appeal be awarded to the Appellant.

Otieno & 3 others v Bandari Footbal Club; Kenya Ports Authority (Objector) (Cause E078, E080, E077 & E079 of 2023 (Consolidated)) [2024] KEELRC 13555 (KLR) (18 December 2024) (Ruling)

✦ The application by the Objector is without merit and is hereby dismissed.

Dyer v Five Forty Aviation Limited (Employment and Labour Relations Cause E547 of 2022) [2024] KEELRC 13615 (KLR) (18 December 2024) (Ruling)

Kenya Engineering Workers Union v Kenya General Industries Limited (Cause E021 of 2023) [2024] KEELRC 13556 (KLR) (18 December 2024) (Ruling)

✦ The application is dismissed with costs to the respondent.

Valmerdan Enterprise v Kiriago & another (Appeal E045 of 2024) [2024] KEELRC 13481 (KLR) (18 December 2024) (Judgment)

✦ The appeal is upheld, and the judgment is set aside. The case is dismissed with costs. A fresh trial is ordered with all parties allocated 14 days to file relevant documents before re-trial.

Maina v Squid Kenya Limited (Cause 2430 of 2017) [2024] KEELRC 13621 (KLR) (18 December 2024) (Ruling)

✦ The respondent's application is allowed, and the judgment dated January 26, 2023, is set aside. The respondent is granted a second opportunity to defend the case.

Dyer v Five Forty Aviation Limited (Employment and Labour Relations Cause E547 of 2022) [2024] KEELRC 13521 (KLR) (18 December 2024) (Ruling)

✦ The application was granted.

Kengros v Kilifi County Public Service Board (Cause E012 of 2021) [2024] KEELRC 13559 (KLR) (18 December 2024) (Ruling)

✦ The PSC decision is adopted as the judgment of the court, and the respondent is directed to reinstate the claimant as the Municipal Manager

Omondi v Colnet Limited (Appeal E052 of 2024) [2024] KEELRC 13560 (KLR) (18 December 2024) (Judgment)

✦ The appellant is entitled to notice pay, compensation, and an assessment of his terminal dues.

H Young and Company (East Africa) Limited v Mwangi (Civil Appeal E089 of 2022) [2024] KEELRC 13619 (KLR) (18 December 2024) (Judgment)

✦ The appeal is partially successful, and the judgment and decree of the Magistrate's Court are set aside.