Kenyan case law
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Joseph Charo Kitsao v Maria Angelo De Fabians [2019] KEELRC 1669 (KLR)
✦ The Claimant's claim for unlawful termination of employment is dismissed as he was not a full-time regular employee. The claims for compensation and notice pay are unsupported and dismissed.
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Rashid Abdallah v Beaumont Resort Limited [2019] KEELRC 1583 (KLR)
✦ The Respondent's application is dismissed with costs to the Claimant.
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Kiboni Kazungu & 2 others v Riziki Enterprises [2019] KEELRC 1584 (KLR)
✦ The Court finds that there was no employment relationship between the Claimants and Respondent and dismisses the entire claim.
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Joseph Ogeto v Kenyatta University [2019] KEELRC 1417 (KLR)
✦ The dismissal is declared unfair and the claimant is awarded one month's salary in lieu of notice, ten months' salary as compensation for unfair termination, and costs of the suit.
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Robert Ogutu Mudibo v Chairman, Bunyala Financial Services Association & 3 others [2019] KEELRC 1697 (KLR)
✦ The court finds that the respondent violated sections 41, 43 and 45 of the Employment Act, for summarily dismissing the claimant for no valid reasons and without following a fair procedure.
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Beatrice Kedeveresia Elachi v Nairobi City County Assembly Service Board & another [2019] KEELRC 1717 (KLR)
✦ The court has jurisdiction to hear the matter and declares that the proceedings are fatally and incurably defective.
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John Okulo Anyiko v Kibos Sugar and Allied Industries Limited [2019] KEELRC 1680 (KLR)
✦ The suit is time barred and dismissed.
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Republic of Kenya v County Government of Migori & 2 others; County Assembly of Migori (Interested Party) Ex parte Peterlis Nyatuga & 5 others [2019] KEELRC 1646 (KLR)
✦ The applicants are not entitled to the reliefs sought.
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Moses Achacha v Pride Kings Services Ltd [2019] KEELRC 1679 (KLR)
✦ The court finds that the claimant was unlawfully and unfairly dismissed from work and is entitled to the reliefs sought.
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Charles Ogola & 2 others v Manson Hart Kenya Limited [2019] KEELRC 1741 (KLR)
✦ The court finds that there was no inordinate delay in filing the application and that the applicants did not sleep on their rights. The court exercises its discretion to re-instate the suit.
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Power Base Limited v John Kahigu Magu [2019] KEELRC 1662 (KLR)
✦ The Court upheld the judgment of the trial court on all issues, finding that the Respondent proved his claims and the Appellant failed to prove payment of salary arrears.
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Naomi Wangari Muriu v Royal Garment Industries EPZ Limited [2019] KEELRC 1716 (KLR)
✦ The Claimant’s termination was unfair and unlawful, and she is awarded three months' salary as compensation.
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Mosiria v Judicial Service Commission (Petition 5 of 2018) [2019] KEELRC 1595 (KLR) (6 May 2019) (Judgment)
✦ The court dismissed the petition with costs, but if the court finds in favor of the Petitioner, it cannot substitute its decision with that of a decision maker and the matter should be sent back to the decision maker.
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Lucas Akungu Omariba v Tatu City Limited [2019] KEELRC 1683 (KLR)
✦ The Court has jurisdiction to hear and determine the claim. The public notices were defamatory.
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Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Vegpro (K) Limited; Kenya Union of Commercial Food and Allied Workers (Proposed Interested Party) eKLR [2019] KEELRC 1729 (KLR)
✦ The application succeeds, the applicant is enjoined as an Interested Party in the claim.
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Joseph Munene Murage v Salome Ndung’u [2019] KEELRC 1660 (KLR)
✦ The claim is dismissed with no orders for costs as the claimant failed to prove the existence of an employment relationship.
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Merita Akinyi Ombuor v Skyjet Aviation Uganda Limited [2019] KEELRC 1715 (KLR)
✦ The court held that an employment relationship may be inferred from the conduct of the parties, including email correspondence, and that the contract of service need not be in writing.
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Maina Munyua v AMREF Health Africa (Previously Africa Medical and Research Foundation Kenya) [2019] KEELRC 1659 (KLR)
✦ The Court finds that the termination was unfair and unlawful.
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Mathew Gitau Mwaura v Gelmax Power Solutions Limited [2019] KEELRC 1650 (KLR)
✦ Suit reinstated with no costs, claimant directed to have the suit fixed for hearing on priority basis within 60 days
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Dennis Ngumi Gitachu v Sidal Africa Limited [2019] KEELRC 1592 (KLR)
✦ The Application is dismissed with no orders as to costs.
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Dennis Mullow v Ashnil Hotels Limited [2019] KEELRC 1682 (KLR)
✦ The Court found the termination to be lawful due to low volume of business and ruled that the Claimant is not entitled to the remedies sought.
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Kenya County Government Workers Union v Nairobi County Public Service Board [2019] KEELRC 1552 (KLR)
✦ The court found that the termination of the employment of the grievants was fair as they presented fake academic certificates.
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David Gachini Moko & 24 others (Suing on their own behalf and on behalf of all other former Electoral Commission of Kenya (ECK) staff members on payroll as at December, 2008) v Attorney General [2019] KEELRC 1579 (KLR)
✦ The Court held that the termination of the Petitioners' employment was not unconstitutional and that the Petitioners are only entitled to gratuity payment in accordance with their contracts of service.
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Joshua Katigala Aludila v M/S Associated Construction Company Limited [2019] KEELRC 1654 (KLR)
✦ The termination of the claimant's employment was unfair, and he is entitled to compensation equivalent to three (3) months' salary, unpaid salary, annual leave, and a certificate of service.
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Kenya Engineering Workers’ Union v Africa Metal Works Limited [2019] KEELRC 1713 (KLR)
✦ The claimant union has standing to move the court on its own behalf and towards challenging the redundancy