Kenyan case law

Daniel Kimondo Muteru v Teachers Service Commission [2017] KEELRC 1700 (KLR)

✦ The court declares the transfer unprocedural, illegal, and null and void, reinstates the claimant to Laburra Secondary School, and orders compensation and costs.

Amalgamated Union of Kenya Metal Workers v Settlers Engineering Limited [2017] KEELRC 1697 (KLR)

✦ The Court finds the Grievant's employment was unfairly terminated and orders the Respondent to pay him 1 month pay in lieu of notice, June 2011 wages, and compensation.

Milton Lihanda v Ideal Ceramics Limited [2017] KEELRC 1680 (KLR)

✦ The court lacks jurisdiction to extend time to file a suit arising out of employment contracts governed by the Employment Act once the prescribed period of three years has lapsed

Joy Nelly Akoth Owili v Centre for Agriculture and Biosciences International (CAB International) & another [2017] KEELRC 1684 (KLR)

✦ The court rules in favor of the respondent, finding that the respondent enjoys immunity from legal process and that the suit is struck out with costs to the respondent.

Alexander Mbugua Gitehi v Jacaranda Hotels Limited [2017] KEELRC 1688 (KLR)

✦ The preliminary objection that the claimant's suit is barred by section 90 of the Employment Act is overruled, and the case will proceed to trial on merit.

Martha Kerubo v East African Growers Ltd [2017] KEELRC 1270 (KLR)

✦ Claimant was unfairly terminated and awarded compensation, notice pay, service pay, and rest days pay.

Julliet Joy Atieno v Orient Cuisine [2017] KEELRC 1648 (KLR)

✦ The court orders one month's salary in lieu of notice, overtime pay, house allowance, and three months' pay as compensation for unfair dismissal.

Belinda Wanjiri Waitiki v Kenya Airports Authority [2017] KEELRC 1709 (KLR)

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

Leonard Juma Kwanusu v Yamini Builders Limited [2017] KEELRC 800 (KLR)

✦ Claimant is entitled to compensation for unlawful termination and terminal benefits

Okiya Omtatah Okoiti & another v Cabinet Secretary Ministry of Education & 5 others [2017] KEELRC 1950 (KLR)

✦ The petition lacks merit and is dismissed with no order as to costs.

Joseph Kinyua Ngari v Co-operative Bank of Kenya Limited [2017] KEELRC 1711 (KLR)

✦ The court finds that the summary dismissal was wrongful and unfair, and the claimant is entitled to compensation and one month's salary in lieu of notice.

Metrine Naliaka Wamwondo v Kenknit (K) Limited [2017] KEELRC 1406 (KLR)

✦ The termination was unfair as there was no fair hearing and the Claimant was not given an opportunity to defend herself.

Michael Njeru Mati v Insight Management Consultants Limited [2017] KEELRC 1681 (KLR)

✦ The Court finds the termination unfair and unjustified, and awards the Claimant 1 months' salary in lieu of notice, unpaid wages, sick pay, and compensation for unfair termination.

Kenya Airways Limited v Kenya Airline Pilots Association [2017] KEELRC 1689 (KLR)

✦ The court found the Respondent's industrial action illegal and ordered it to retract the call for strike, go-slow, withdrawal of goodwill, and other forms of industrial action.

Kenya Shipping, Clearing & Warehouses Workers Union v M/S Grain Bulk Handlers Limited [2017] KEELRC 1716 (KLR)

✦ The Court finds there is no Collective or Individual Agreement providing for gratuity, and the Grievants did not receive severance pay. The Court rejects the Claimant's claim for gratuity and allows the Respondent's counterclaim for 1 month salary in lieu of notice.

Moses Karuti M’imunya v Global Environmental Solutions Limited [2017] KEELRC 1701 (KLR)

✦ The termination of the employment was unfair and unjustified, and the Respondent failed to pay the Claimant his terminal dues and benefits.

Henry Wambua Kieti v Yassin Bakari Seif (Civil Case 143 of 2016) [2017] KEELRC 1718 (KLR) (28 February 2017) (Ruling)

Kenya National Union of Nurses v Samuel Kambi Kazungu (Cabinet Secretary, Ministry of Labour, Social Security and Services & 4 others [2017] KEELRC 1679 (KLR)

✦ The Court finds the Gazette Notice to be legal and the 1st Respondent is not enjoined from collecting Agency fees.

David Okoth Olayo v Leah Malot [2017] KEELRC 1724 (KLR)

✦ The Respondent's motion to review and set aside the judgment is dismissed. The motion is not merited.

Dickson Matingi v DB Schenker Limited (Cause 1537 of 2014) [2017] KEELRC 1721 (KLR) (Employment and Labour) (24 February 2017) (Ruling)

✦ The application for stay of execution pending appeal is dismissed with costs to the Claimant

Emmanuel Nyiro Chai v National Police Commission & 3 others [2017] KEELRC 1726 (KLR)

✦ The petition was determined on the basis of the violation of the petitioner's fundamental rights under Articles 23, 27, 41, 47, 50 of the Constitution of Kenya 2010.

Jackson Macharia Maina v Attorney General & another [2017] KEELRC 1753 (KLR)

✦ Suit against 2nd Respondent dismissed, main claim against 1st Respondent proceeds

Brooks Alolo Oonje v Civicon Limited [2017] KEELRC 1731 (KLR)

✦ Termination was unfair and procedurally and substantively unjustified.

Kamlesh V. Rawal v Achelis Material Handling Limited [2017] KEELRC 1728 (KLR)

✦ The Court finds that the Claimant is not entitled to a commission of Kshs. 12,341,079.99, nor is he entitled to costs and interest.

James Ang’awa Atanda & 10 others v Judicial Service Commission [2017] KEELRC 1722 (KLR)

✦ The unilateral variation of the 1st to 7th Petitioners' contracts was unlawful and amounted to an unfair labour practice.