Kenyan case law

Zachariah Kerauni Maosa v British American Insurance Co (K) Ltd [2015] KEELRC 183 (KLR)

✦ The Court held that there was no employment relationship as defined in the applicable law, affirming the decision in John Kamau Mburu v Program for Appropriate Technology in Health (PATH) & Another.

Zablon Gichuhi Njuguna v Elite Earth Movers [2015] KEELRC 819 (KLR)

✦ The court finds that the claimant is entitled to the unpaid salaries and service pay as claimed.

Zachary Binyanya & 6 others v Union of Kenya Civil Servants [2015] KEELRC 1015 (KLR)

✦ The Court grants interlocutory mandatory injunction to reinstate the applicants to the National Executive Board pending the main trial.

SBI International Holdings Ag (Kenya) v Amos Hadar [2015] KEELRC 1073 (KLR)

✦ The interim orders are set aside, and the Claimant is ordered to pay the Respondent for salary and living expenses, leave pay, repatriation allowance, and other related costs.

Fredrick Obul Aloo v Operation G80 Limited [2015] KEELRC 904 (KLR)

✦ The court awards the Claimant 12 months salary as compensation for unfair termination as contemplated under Section 49(1)(c) of the Employment Act.

Joseph Chege Kamau v Jamii Bora bank Limited [2015] KEELRC 79 (KLR)

✦ The Court upholds the Respondent's preliminary objection and strikes out the Claimant's claim

Grace Wanjiru Mwangi v Optica Limited [2015] KEELRC 689 (KLR)

✦ The preliminary objection is upheld and the application is dismissed with orders that the claimant shall pay costs of the proceedings as the suit is dismissed with costs

Godfrey Anjere v Unique Suppliers Limited [2015] KEELRC 1413 (KLR)

✦ The termination of the claimant's employment is declared unlawful, and he is awarded one month's salary in lieu of notice, one month's salary on account of leave, salary for half February 2010, and four months' salary on account of unfair termination of employment.

Sebastian Githaiga Mwangi v Commission for the Implementation of the Constitution [2015] KEELRC 501 (KLR)

✦ The claimant was entitled to one month's salary in lieu of pay, salary for 15 days worked in February 2013, and costs of the suit.

John Ochieng Odie v Kenya National Examination Council [2015] KEELRC 786 (KLR)

✦ The claimant's employment was not on probation, and the termination was not unlawful.

George Ndiritu Mueithi v Premier Academy Charitable Trust (being sued through Trustees Mukesh Manubhai, Vijay Parsooram Patel & Prafulchandra Chandubhai Patel [2015] KEELRC 977 (KLR)

✦ The Court dismissed the suit with costs, finding the termination lawful and the Claimant's pension contributions to be paid upon submission of claim forms.

George Odhiambo Ogunyo v Pressmaster Limited [2015] KEELRC 1202 (KLR)

✦ The Court held that the Claimant was entitled to receive 2 months' notice pay as his services became untenable due to the employer's actions.

Silvester Oduor Onyango v Joan Packaging & Accessories Ltd [2015] KEELRC 1400 (KLR)

✦ The motion is allowed, and the case shall start de novo on a date to be fixed at the Registry.

Shadrack Wangombe Mubea v County Government of Nyeri & another [2015] KEELRC 795 (KLR)

✦ The court found that the termination of the petitioner's duties was not a breach of constitutional rights and dismissed the petition.

Seth Ashamunda Duyani v Ariphat Industries Limited [2015] KEELRC 548 (KLR)

✦ The termination of the Claimant's employment was substantively and procedurally unfair, and he is awarded six (6) months' salary in compensation.

Simon Gikungu Kariuki v Attorney General [2015] KEELRC 674 (KLR)

✦ The plaintiff is not entitled to pay during the period of suspension as the termination was valid due to the plaintiff's failure to disclose his criminal record.

Simon Ebenyo Ekarani v Samba Enterprises Ltd [2015] KEELRC 162 (KLR)

✦ The termination of the Claimant's employment was unfair and the Court awards compensation and other benefits as claimed.

Shem Evans Ohito v Kenya Hospital Association Ltd t/a Nairobi Hospital [2015] KEELRC 697 (KLR)

✦ The Court dismissed the Respondent/Applicant's application.

George Odiyo Minyika v Chemilil Sugar Co Ltd [2015] KEELRC 222 (KLR)

✦ The termination of the Claimant's employment was found to be unfair.

Shibani Sarkar v Arya Samaj Education Board [2015] KEELRC 586 (KLR)

✦ Claimant's termination was unfair, and she is awarded one month's salary in lieu of notice, seven months' compensation for unfair dismissal, and a certificate of service.

Simion Ngososei v P N Mashru Limited [2015] KEELRC 29 (KLR)

✦ The Court orders that the Claimant's claim is withdrawn and costs are awarded to the Respondent.

Shanga Engineering Limited v Bonventure Wanjala Kimasis [2015] KEELRC 1499 (KLR)

✦ The Respondent/Applicant's application for review and/or setting aside the judgment is dismissed. The award of Ksh.398,843.00 is confirmed.

Sammy Kumbu Stanley v Hamza Ahmed Esmail t/a Crystal Maji Boreholes [2015] KEELRC 468 (KLR)

✦ The Court orders an award in terms of the parties' settlement proposal.

Geoffrey Mareko v National General Secretary Dock Workers Union & 2 others [2015] KEELRC 574 (KLR)

✦ The application and claim are rejected in their totality

Shakhalaga Khwa Jirongo & another v Board Of Trustees Of The National Social Security Fund [2015] KEELRC 331 (KLR)