Kenyan case law
-
Karanja & 14 others v Nyandarua County Government & another (Employment and Labour Relations Cause 433 of 2016) [2023] KEELRC 2230 (KLR) (28 September 2023) (Ruling)
✦ The court ordered the respondents to show cause why contempt of court proceedings should not be commenced against them for the acts of contempt.
-
Kenneth Odhiambo t/a Jenks Auctioneers v Ramogi & another (Cause 2 of 2022) [2023] KEELRC 2225 (KLR) (27 September 2023) (Ruling)
✦ The Court dismissed the application for execution of the judgment due to the Respondent's failure to comply with the terms of the consent and the disregard for the mode for invoking the Court's jurisdiction.
-
Mutanda v Jaramogi Oginga Odinga University of Science and Technology (Cause 131 of 2017) [2023] KEELRC 2222 (KLR) (27 September 2023) (Ruling)
✦ Execution process is declared irregular and set aside
-
Bosire & 4 others v Nyaribo Governor, Nyamira County & 8 others (Petition 010 of 2022) [2023] KEELRC 2224 (KLR) (27 September 2023) (Judgment)
✦ The petition is devoid of merit.
-
Wambua v Lordship Africa Fund Management Ltd (Cause 549 of 2019) [2023] KEELRC 2214 (KLR) (27 September 2023) (Judgment)
✦ The court held that the employment contract lapsed and was not renewed, and the Claimant is not entitled to the reliefs sought.
-
Republic v Kisumu County Government & another; Vincent & 8 others (Exparte Applicants) (Judicial Review E003 of 2022) [2023] KEELRC 2228 (KLR) (27 September 2023) (Ruling)
✦ Warrants of arrest are lifted
-
Kenya Engineering Workers Union v Thorlite Kenya Limited (Cause E338 of 2023) [2023] KEELRC 2229 (KLR) (27 September 2023) (Ruling)
✦ The court orders the Respondent to deduct and remit union dues to the Applicant and restrains the Respondent from victimizing employees for joining the union.
-
Masese v Kimondo Gachoka & Co Advocates & another (Cause E023 of 2022) [2023] KEELRC 2223 (KLR) (27 September 2023) (Judgment)
✦ The Court finds the dismissal procedurally unfair and awards compensation and pay in lieu of notice.
-
Rotiken v Olekina (Cause E165 of 2021) [2023] KEELRC 2177 (KLR) (26 September 2023) (Judgment)
✦ The court found that the termination was unfair due to lack of substantive justification and procedural fairness.
-
Universities Academic Staff Union v University of Nairobi; Ouma (Interested Party) (Cause E700 of 2023) [2023] KEELRC 2213 (KLR) (26 September 2023) (Ruling)
✦ The judge recuses himself due to potential bias and partiality.
-
Atisiaya v National Social Security Fund & another (Petition E208 of 2022) [2023] KEELRC 2212 (KLR) (25 September 2023) (Judgment)
✦ The court finds that the petitioner's right to human dignity was violated by the withholding of his salary, and that his right to fair hearing and administration of justice was violated by the retirement decision.
-
Wamuyu v Humprey & Company LLP & another (Cause 490 of 2017) [2023] KEELRC 2201 (KLR) (22 September 2023) (Judgment)
✦ The court determined that the Claimant was an independent contractor and not an employee, thus not entitled to the reliefs sought.
-
Wangia v County Government of Kakamega County (Employment and Labour Relations Claim 15 of 2023) [2023] KEELRC 2204 (KLR) (22 September 2023) (Judgment)
✦ The court found that the Respondent's action of terminating the Claimant from office was unlawful, malicious, and unprocedural.
-
Kenya Union of Sugar Plantation and Allied Workers v West Kenya Sugar Company Limited (Employment and Labour Relations Cause 5 of 2023) [2023] KEELRC 2205 (KLR) (22 September 2023) (Judgment)
✦ The court found that the claimant had locus standi to represent the employees in court and that the termination of employment was lawful and fair.
-
Ouma v Dominion Outdoor Advertising (2006) Ltd (Cause 1052 of 2018) [2023] KEELRC 2202 (KLR) (22 September 2023) (Judgment)
✦ The court held that the Respondent failed to call any evidence to counter the Claimant's case, and the Claimant's case remained uncontroverted.
-
Kieha v Kofinaf Company Limited (Cause 1615 of 2016) [2023] KEELRC 2198 (KLR) (22 September 2023) (Ruling)
✦ The application is dismissed as the applicant has failed to justify the reason for review and has not shown any reasonable steps taken to ascertain the status of the case.
-
Tanui v County Public Service Board Elgeyo Marakwet County Government & another (Cause 232 of 2017) [2023] KEELRC 2168 (KLR) (22 September 2023) (Judgment)
✦ The court found that the termination was procedurally fair and that the Claimant committed gross misconduct.
-
Kenya Union of Commercial Food and Allied Workers v Iriaini Farmers Co-operative Society Ltd (Cause E039 of 2021) [2023] KEELRC 2132 (KLR) (22 September 2023) (Ruling)
✦ The court awards service gratuity in accordance with the Collective Bargaining Agreement (CBA) and the formula provided by the ELRC judgment.
-
Kenya Union of Road Contractors and Civil Engineering Works v China Road & Bridge Corporation; Kenya Building Construction Timber & Furniture Employees Union (Interested Party) (Cause E117 of 2022) [2023] KEELRC 2135 (KLR) (22 September 2023) (Judgment)
✦ The claim is dismissed without merit
-
Kenya Building, Construction, Timber and Furniture Industries Employees Union v Singh (Cause 2014 of 2016) [2023] KEELRC 2158 (KLR) (22 September 2023) (Judgment)
✦ The Claim is dismissed with no order on costs, as it was filed out of the 3-year statutory period prescribed under Section 90 of the Employment Act.
-
Nzuki v Matungulu Kangundo Water & Sewerage Co Limited (Cause 54 of 2018) [2023] KEELRC 2191 (KLR) (22 September 2023) (Judgment)
✦ The court found that the employer did not provide substantive justifications for dismissing the employee and did not adhere to procedural fairness requirements.
-
Amuhaya v Kati & another (Claim E012 of 2023) [2023] KEELRC 2196 (KLR) (22 September 2023) (Judgment)
✦ The termination of the claimant's employment was found to be unlawful and unfair.
-
Lemelita v Tourism Promotion Services (K) Ltd (Cause 515 of 2017) [2023] KEELRC 2174 (KLR) (22 September 2023) (Judgment)
✦ The Claimant's retirement on medical grounds is not a valid issue for consideration as it transcends the Claim.
-
Kenya Union of Commercial Food Allied Worker v Fralet Agencies (Employment and Labour Relations Claim 29 of 2023) [2023] KEELRC 2208 (KLR) (22 September 2023) (Judgment)
✦ The court found that the grievant was not a member of the claimant and that the termination was fair.
-
Mungai & 4 others v Bomn Motors Limited & 2 others (Cause 548 of 2016) [2023] KEELRC 2209 (KLR) (22 September 2023) (Ruling)
✦ The ex parte judgment is set aside due to improper service of the summons and pleadings.