Kenyan case law

County Government Workers Union v Narok County Government & another [2021] KEELRC 1670 (KLR)

✦ The court finds that the respondents violated the petitioner's member's rights to fair labour practices and declared the salary variation unfair, unlawful, and violating the petitioner member's fundamental rights.

Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v B.O.M Nyali Golf And Country Club Limited [2021] KEELRC 1719 (KLR)

✦ The Claimant's claim and interlocutory applications are struck out due to the unauthorised signing of the verifying affidavit.

Rebecca Wanjiku Mathenge v Alphine Insurance Brokers Limited [2021] KEELRC 1720 (KLR)

✦ Respondent has no appeal and the application is dismissed

Caleb Odhiambo Mbori v Uhuru Organisation International [2021] KEELRC 1738 (KLR)

✦ The Court finds the dismissal procedurally unfair and the Respondent did not follow due procedure.

Pauline Stella Anyango Opondo v West Kenya Sugar Co Td [2021] KEELRC 1736 (KLR)

✦ The Court finds that the reasons for the termination of the Claimant’s employment were not valid or fair.

Nganga v Rural Development Solution Limited (Cause 260 of 2017) [2021] KEELRC 2331 (KLR) (19 May 2021) (Judgment)

✦ The court awards the Claimant one month's salary in lieu of notice, unpaid salary from January 2016 to August 2017, and unpaid leave dues.

Patrick Wanyonyi Khaemba v Teachers Service Commission & others [2021] KEELRC 2338 (KLR)

✦ The petition is struck out with costs due to res judicata

Michael Kojo Otieno & another v Homa Bay County Assembly [2021] KEELRC 1737 (KLR)

✦ The Court declines jurisdiction and dismisses the Petition.

Onsarigo Morabai v Kenya Marine and Fisheries Research Institute [2021] KEELRC 2330 (KLR)

✦ The application to introduce Mr. Henry Nyabuto as a witness is dismissed with costs.

Republic v County Governor of West Pokot and County Government of West Pokot & others [2021] KEELRC 2337 (KLR)

✦ The application is unsuccessful and the Court does not make any order on costs.

Kevin Otieno Onyango v BOG Life Centre High School [2021] KEELRC 1726 (KLR)

✦ The contract between the Claimant and Respondent for the Claimant to serve as a Principal or teacher was void. The Respondent was not in breach of contract in respect of accrued leave, underpayments, house allowance, commuter allowance and overtime. The Respondent owes the Claimant the equivalent of 3-months stipend.

Samuel Muthuva Katiku & another v Texas Alarms (K) Limited [2021] KEELRC 1718 (KLR)

✦ The application is dismissed with costs as it lacks merit

Maurice Omondi Rakira v Load Trailers East Africa Limited [2021] KEELRC 1742 (KLR)

✦ The application is dismissed with costs, as the respondent has ignored several notices and has not demonstrated an excusable mistake or error.

Bonface Sedekia Otungo v Mwaki Sacco [2021] KEELRC 1624 (KLR)

✦ The court finds the termination unfair and unjustified, and orders compensation and reinstatement.

Josiah Wanjohi v National Bank of Kenya Limited [2021] KEELRC 1740 (KLR)

✦ The Court found that the dismissal was not justified and violated the Employment Act.

Clyde Alielo Khayiya & 27 others v Andrew Makanya Chairman Board of Management Ngara Girls High School & another [2021] KEELRC 1746 (KLR)

✦ The application is dismissed with costs.

JWM v Marshalls East Africa Limited [2021] KEELRC 1744 (KLR)

✦ The Court dismisses the application for reinstatement due to the claimant's incapacity to prosecute the suit due to dementia and Parkinson's disease

George Barasa F. Mabachi & another v Unigroup Transporters Limited [2021] KEELRC 1749 (KLR)

Samuel Ojwang Juma v Saphire Collections Limited [2021] KEELRC 1729 (KLR)

✦ The court did not lift the corporate veil and did not hold the directors personally liable for the judgment debt.

Peter Mwendwa Kaliki v Public Service Commission of Kenya & another [2021] KEELRC 1419 (KLR)

✦ Interest on the total award, including statutory deductions, starts accruing from the date of the judgment

Sakei Kidenga v Mattan Construction Limited [2021] KEELRC 2360 (KLR)

✦ Judgment is entered for the claimant in the following terms: compensation of Ksh.30,000, notice pay of Ksh.30,000, leave pay of Ksh.5,250, and each party pays their own costs.

Kahindi Karisa Unda v Pentagon Security Limited [2021] KEELRC 1730 (KLR)

✦ Claimant is entitled to leave pay for 9 years, gratuity for 9 years, and a certificate of service plus costs.

Eric Owino Ouma v Secretary, Teachers Service Commission & another [2021] KEELRC 1753 (KLR)

✦ The Court finds the Cause unsupported by evidence and dismisses it with costs save for leave and certificate of service.

Alfred Omondi Ouma & another v Kenya Union of Sugarcane Plantation & Allied Workers & 10 others [2021] KEELRC 1754 (KLR)

✦ The Amended Motion is dismissed with costs to the Respondents.

Kenya Union of Commercial Food & Allied Workers v Dhaval Wholesalers Limited [2021] KEELRC 2329 (KLR)

✦ The court orders the respondent to recognize the applicant union for collective bargaining purposes and to remit arrears of union dues and continue deducting union dues from the union members.