Kenyan case law
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Mary Saru Mwandawiro v Kenya Ports Authority [2016] KEELRC 1625 (KLR)
✦ The court finds that there existed a valid and fair reason to warrant summary dismissal of the claimant.
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Esther Cherotich Tum v National Social Security Fund (NSSF) (Cause 607 of 2011) [2016] KEELRC 1666 (KLR) (Employment and Labour) (19 February 2016) (Judgment)
✦ The claimant's retirement under the 50 year rule was carried out in accordance with the respondent's code of regulations and she cannot contest it after accepting payment of her terminal dues.
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Munyao & 4 others v Kenya Ports Authority & another (Petition 11 of 2015) [2016] KEELRC 1692 (KLR) (19 February 2016) (Judgment)
✦ The Court finds the warnings unconstitutional, illegal, wrong and unprocedural. The surcharges are arbitrary and should be refunded. The 1st and 2nd Claimants are restored to their positions as gantry operators.
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Kenya Union of Commercial, Food & Allied Workers v Tulaga Farmers Co-operative Society Ltd [2016] KEELRC 1682 (KLR)
✦ The Court finds that the dismissal of the Grievant was procedurally unfair and awards her 1 month's pay in lieu of notice, March 2012 wages, 6 months wages compensation, and gratuity.
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Christopher Were v Ultra Limited [2016] KEELRC 1661 (KLR)
✦ The Court finds the claimant was wrongfully dismissed and unfairly terminated.
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Corporal Thomas Othoo v National Police Service Commission & 3 others [2016] KEELRC 1668 (KLR)
✦ The petition is premature and should await the outcome of the petitioner's appeal to the National Police Service Commission.
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Julius Muia Wambua v Nathan Construction Company Limited [2016] KEELRC 1675 (KLR)
✦ The Court awards the claimant compensation for one month's salary in lieu of notice, leave for 3 years, service pay for 3 years, and 3 months salary for unfair termination of services.
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Regina Ndulu Kyalo v Keitt Exporters Limited [2016] KEELRC 1656 (KLR)
✦ The Court awards the claimant compensation for wrongful dismissal and unfair termination of services.
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Kenya Union of Domestic, Hotels, Educational, Institutions and Hospital Workers v Wild Waters Entertainment Park [2016] KEELRC 1618 (KLR)
✦ The court declared the termination of the grievants' employment contract unfair and awarded them an aggregate sum of Kshs. 2,520,270.00.
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Chengo Kitsao Chengo v Umoja Rubber Products Limited [2016] KEELRC 1631 (KLR)
✦ The court finds that the claimant commenced his employment with the respondent in 1996 and that his employment contract was a casual one from 1996 to 2010, after which it was converted to a fixed-term contract.
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Emmanuel Bunde Achieng v Zitron Limited [2016] KEELRC 1663 (KLR)
✦ The claimant's termination was on invalid and unjustifiable reasons hence unfair.
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Julius Orare Isaac v Bake “N” Bite Company Limited (Cause 576 of 2014) [2016] KEELRC 1623 (KLR) (19 February 2016) (Ruling)
✦ The motion for stay is dismissed with costs.
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Rosemary Karuthu v Meru Multipurpose Cooperative Society Limited [2016] KEELRC 385 (KLR)
✦ Execution proceedings were not unlawful and the application will fail.
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Elias Omolo Oyoo v Mumias Sugar Co Ltd (Cause 312 of 2015) [2016] KEELRC 1450 (KLR) (Civ) (18 February 2016) (Ruling)
✦ The suspension of the Claimant is found to be irregular and unfair, and is ordered to be withdrawn with immediate effect.
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Kenya National Union of Nurse v Chairperson Salaries & Remuneration Commission, Cabinet Secretary Ministry of Health, Chairman Council of Governors, Chairperson Public Service Commission & Attorney General (Petition 51 of 2015) [2016] KEELRC 1614 (KLR) (Employment and Labour) (18 February 2016) (Judgment)
✦ The court finds in favor of the Petitioner, declaring the 1st Respondent's circular unconstitutional and limiting their role in CBA negotiations and registration.
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Moses Mulupi Wamalwa v Bake ‘N’ Bite Ltd [2016] KEELRC 1624 (KLR)
✦ The claimant terminated his employment through voluntary resignation. The court grants leave for 2 years (2013 and 2014) and awards kshs.95,166.75/= plus costs and interest.
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Anthony Simiyu Wafula v Thuku Mwangi T/A Nairobi Chips Hotel [2016] KEELRC 1687 (KLR)
✦ The court found the termination to be wrongful, unfair, and unlawful.
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Edwin Oduor Ochieng v Riley Falcon Security Services Limited [2016] KEELRC 1691 (KLR)
✦ The court found the termination to be wrongful and unfair, and ordered the respondent to pay the claimant terminal dues, service benefits, and compensation for unfair termination.
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Edward Isedia Mukasia v Eldo Supermarket Limited [2016] KEELRC 1696 (KLR)
✦ Application for stay of proceedings and appeal is dismissed
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Peter Ochola Omburo v Inter-Diocesan Properties Limited [2016] KEELRC 1690 (KLR)
✦ The court dismisses the preliminary objection with no order as to costs.
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County Labour Officer Vihiga v Joseph Kinyanjui (Cause 29 of 2014) [2016] KEELRC 1436 (KLR) (17 February 2016) (Judgment)
✦ The Court finds in favor of the Claimant and orders the Respondent to pay the Grievant one month's salary in lieu of notice, arrears of wages, and arrears of house allowance.
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Maurice Wandera Egesa v Inter-Security Service Limited [2016] KEELRC 1541 (KLR)
✦ Claimant is awarded notice pay at Kshs.9,295.00 per month.
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Bonface Bandari Chipa v Mwadzombo Jumbale and 3 Others [2016] KEELRC 1714 (KLR)
✦ The execution on 11.8.2015 was lawful and the decree was fully settled.
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Clement Ernest Murengo v Principal Secretary Treasury & another [2016] KEELRC 1451 (KLR)
✦ The 2nd Respondent's motion is properly filed and the 2nd Respondent is properly joined in the suit. The petition is not time barred.
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Kennedy Makasembo v Kenya Union of Post Primary Education Teachers [2016] KEELRC 1447 (KLR)
✦ Claimant is entitled to Shs. 15,000 per month allowance from December 2013 to January 2016 and the Respondent shall pay the Claimant's costs and interest from the date of judgment.