Kenyan case law

James Mulinge v Freight Wings Limited [2016] KEELRC 1561 (KLR)

✦ The Court found the dismissal to be unfair, unlawful, and wrongful.

Jacob Otieno Oduongo v Group 4 Security Services (K) Ltd [2016] KEELRC 1719 (KLR)

✦ The dismissal of the Claimant was not in accord with justice and equity.

Alexander Chesamit v Ol-Suswa Farm Ltd [2016] KEELRC 1703 (KLR)

✦ Termination of Claimant's employment was unfair

Brookhouse Schools Limited v Dorcas Njeri Gichuhi [2016] KEELRC 1710 (KLR)

✦ The Court finds that the 12 days' notice period served by the Respondent, together with the forfeiture of 18 days' salary, satisfied the notice period requirement under the employment contract. The Claimant's claim against the Respondent is dismissed. The Respondent's counterclaim for pay for 18 days worked in October 2013 also fails and is dismissed.

Bakery, Confectionery, Food Manufacturing and Allied Workers Union (K) v Riara Bakery Limited [2016] KEELRC 1673 (KLR)

✦ The Court declared the redundancy unlawful, illegal and wrongful and ordered the respondent to pay the grievants redundancy entitlements, leave entitlements, severance pay and compensation in the sum of Kshs.5,688,146.35.

Amalgamated Union of Kenya Metal Workers v Settlers Engineering Limited [2016] KEELRC 1717 (KLR)

✦ The Court sets aside the dismissal order and sets the case down for hearing on the merits.

Justus Aloo Ogeka & 6 others (as interim officials of Kenya National Union of Cooperatives Staff) v Registrar of Trade Unions & 2 others [2016] KEELRC 1711 (KLR)

✦ The Court granted a stay of the status quo, maintaining the suspension of the Kenya National Union of Cooperatives Staff's activities until further orders from the Court of Appeal.

Kiptarus Kipkoskei Torus v Ol-Suswa Farm Ltd [2016] KEELRC 1705 (KLR)

✦ The dismissal of the Claimant was unfair.

Akiba Bilton Fundi v Grain Bulk Handlers Ltd [2016] KEELRC 1707 (KLR)

✦ The dismissal of the claimant was justified and fair due to his admission of collecting revenue and failing to remit it to the Finance Manager, which constituted gross misconduct.

Christine Kagendo Maore v BOB Morgan Services Ltd [2016] KEELRC 1712 (KLR)

✦ The termination was not unfair as it occurred during the probation period, and the claimant is awarded kshs.9,250/= plus a quarter of the costs of the suit and interest.

Erickson Ouma v Perfect Scan (K) Ltd [2016] KEELRC 1708 (KLR)

Joel Atuti Okebiro v Kenya Hospital Association & another [2016] KEELRC 1688 (KLR)

✦ The termination of the employment of the claimant was for a valid reason and in terms of a fair procedure.

Stephen Otieno Oroto, Vinvent K'odera Adda, Jospeh Omulo Okal, Rohoda Ahono Badha & Barack Otieno Abonyo v Jacktone N Ranguma & County Government of Kisumu (Petition 4, 5, 6 & 7 of 2015) [2016] KEELRC 1832 (KLR) (12 February 2016) (Judgment)

✦ The Court determined that the Governor's dismissal of the petitioners was not in accordance with the Constitution and the Employment Act, and thus quashed the decision.

Nahashon Muriithi Wambugu v Teachers Service Commission [2016] KEELRC 1706 (KLR)

✦ The Court found the termination of the Claimant's employment to be justifiable and fair, and denied the Claimant's entitlement to the remedies sought.

Esther Muringi Wahome & 5 others v Cementers Building and Civil Engineering Contractors Ltd [2016] KEELRC 1660 (KLR)

✦ Dismissals are found to be unlawful and unfair, and claimants are awarded compensation and costs.

Charles Mutua Mwanzi v Invesco Assurance Company Limited [2016] KEELRC 1559 (KLR)

✦ The court held that the Claimant was not an employee of the Respondent and dismissed the claims.

Philip Karanja Karungu v Senior Board of Discipline & 2 others [2016] KEELRC 1700 (KLR)

✦ The suspension of the applicant is unjustified and unfair, and the disciplinary process is flawed. The Respondents are directed to pay the applicant all dues from the time of suspension to date and to continue to do so until a proper disciplinary hearing is carried out.

Paulina Thambi Munyeke & 5 others v M/S Barua Estate Limited [2016] KEELRC 1588 (KLR)

✦ Judgment for each claimant in the amount of 3,437,028/=, plus costs of the suit.

Anne Wangui Ngugi & 524 Others v Retirement Benefits Authority & another [2016] KEELRC 1672 (KLR)

✦ The preliminary objection is disallowed with no order as to costs.

Joseph Kipkorir Koech v County Government of Turkana & another [2016] KEELRC 1423 (KLR)

✦ The County Secretary was issued a warrant of arrest for contempt of court due to his non-appearance and non-compliance with the terms of the judgment.

Kenya Chemical and Allied Workers Union v Cosmos Limited [2016] KEELRC 1647 (KLR)

✦ The Court held that the respondent did not violate the Collective Bargaining Agreement and that the grievants were not underpaid.

Bernard Njoroge Mbao v Awil Ogle- the properietor Solia Plaza-Embakasi [2016] KEELRC 1829 (KLR)

✦ The application for a temporary injunction is dismissed with costs.

Banking, Insurance and Finance v Barclays Bank of Kenya Limited [2016] KEELRC 1731 (KLR)

✦ The court finds that the respondent had a valid reason to terminate the employment of the grievant due to irregular foreign money transactions. The court also finds that proper procedure was followed in disciplining the grievant. The grievant is entitled to all terminal benefits due to him in terms of his contract of employment and the CBA between the claimant and the respondent, except for the outstanding staff personal loan and Barclay card debt.

National Union of Water & Sewerage Employees v Nairobi Water & Sewerage Company Limited [2016] KEELRC 1732 (KLR)

✦ The application for consolidation is dismissed with costs.

Ayako Ongaki Thomas v Elgon View Hospital [2016] KEELRC 1746 (KLR)

✦ The Court finds the dismissal was fair and dismisses the claim with no order as to costs.