Kenyan case law

Kabinga v Core Construction Limited (Cause 1306 of 2017) [2022] KEELRC 3865 (KLR) (28 July 2022) (Judgment)

✦ The Court finds the termination unfair and awards compensation and terminal dues.

Sum v Agriculture and Food Authority (Employment and Labour Relations Claim E019 of 2021) [2022] KEELRC 3847 (KLR) (28 July 2022) (Ruling)

✦ The application is granted on the condition that the Respondent/Applicant deposits the entire decretal sum plus costs within 60 days in a joint interest earning account held in the joint names of the Counsel on record. In default, execution may proceed.

Katunga Mbuvi & Co Advocates v Kenya County Government Workers Union (Miscellaneous Application E246 of 2021) [2022] KEELRC 3798 (KLR) (28 July 2022) (Ruling)

✦ The court finds that the claim for fees was revived by the payment of part of what constituted fees in November 2020, and limitation is now in 2026. The advocate's bill of costs was not properly on record, and the taxing master's decision is therefore erroneous. The court sets aside the taxing master's decision and orders each party to bear their own costs.

Murage v Wananchi Group [K] Limited (Cause 1421 of 2017) [2022] KEELRC 3920 (KLR) (28 July 2022) (Ruling)

✦ The claimant/applicant's application is allowed, and the orders of the court of December 20, 2021 are set aside and the suit is reinstated.

Maina v Ocean Agriculture (E.A.) Limited (Cause 46 of 2017) [2022] KEELRC 3846 (KLR) (28 July 2022) (Judgment)

✦ The termination was deemed lawful as the employer provided a valid reason for the termination under the Employment Act.

Kenya Union of Sugar Plantation and Allied Workers v Butali Sugar Mills Limited (Cause 41 of 2021) [2022] KEELRC 1552 (KLR) (28 July 2022) (Judgment)

✦ The court found that the termination of the employment of the grievant was not lawful and fair.

Suri v Edulink International College Limited (Cause 734 of 2016) [2022] KEELRC 1570 (KLR) (28 July 2022) (Judgment)

✦ The court finds the termination unlawful and unfair, and awards the claimant compensation of Kshs 660,000 for unlawful termination, USD 900 for travel expenses, and interest at court rates.

Badawy v Ready Consultancy Limited (Cause 73 of 2017) [2022] KEELRC 1770 (KLR) (28 July 2022) (Ruling)

✦ The corporate veil is lifted, and personal liability is imposed on the directors for the decretal sum.

Maro v Teachers Service Commission (Employment and Labour Relations Claim E001 of 2021) [2022] KEELRC 3853 (KLR) (28 July 2022) (Ruling)

✦ The court will focus on the other two points of law intertwined, namely sub-judice and abuse of the court process.

Mbogo v Multiple Haulers (E.A) Limited (Cause 372 of 2015) [2022] KEELRC 1667 (KLR) (28 July 2022) (Judgment)

✦ The Court finds the dismissal unlawful and unfair, and awards the claimant compensation, leave pay, and medical expenses.

Oloo v H Young & Co (EA) Limited (Cause 654 of 2018) [2022] KEELRC 3792 (KLR) (28 July 2022) (Judgment)

✦ The termination was procedurally and substantively unfair, and the claimant is awarded six months' salary in compensation and one month's salary in lieu of notice.

Muchira v African Leather Industries Limited (Cause 1728 of 2017) [2022] KEELRC 3844 (KLR) (28 July 2022) (Judgment)

✦ The claimant's termination was lawful and fair, and her claims for compensation and notice pay are dismissed.

Zamzam v Gulf African Bank Limited (Cause E006 of 2022) [2022] KEELRC 1618 (KLR) (28 July 2022) (Ruling)

✦ The Court finds the application incompetent and strikes it out with no orders as to costs.

Omondi v Kenya Kazi Security (Gardaworld) Limited (Cause E401 of 2021) [2022] KEELRC 3842 (KLR) (28 July 2022) (Ruling)

✦ The appeal is dismissed with costs.

Hynes & 4 others v Vihiga County Government (Claim 76 of 2021) [2022] KEELRC 1551 (KLR) (28 July 2022) (Ruling)

Kenga v Bbox Capital Kenya Ltd (Cause 50 of 2020) [2022] KEELRC 3851 (KLR) (28 July 2022) (Judgment)

✦ The termination was procedurally fair but substantively unjustified.

Muhanji v Kenya Ports Authority (Cause 98[B] of 2021) [2022] KEELRC 3808 (KLR) (28 July 2022) (Ruling)

✦ The dismissal is null and void, and the claimant is entitled to damages. Interim relief orders are denied.

Mudongoi v Mudete Factory Tea Growers Co-operative Savings and Credit Society Limited (Cause 27 of 2017) [2022] KEELRC 1576 (KLR) (28 July 2022) (Judgment)

✦ The court found that the termination of the employment was procedurally fair and that there were valid reasons for the termination. The court also found that there was no evidence of discrimination.

Kenya National Private Security Workers Union v Inter Security Services Limited (Cause 1318 of 2016) [2022] KEELRC 1765 (KLR) (28 July 2022) (Judgment)

✦ The claimant's claim for leave pay is dismissed as it was not proved and each party will bear their own costs.

Onyango v Masinde Muliro University of Scence and Technology (Employment and Labour Relations Claim 10 of 2022) [2022] KEELRC 1660 (KLR) (28 July 2022) (Ruling)

✦ The court finds the 2017-2021 CBA governs the retirement age and the claimant was properly retired at age 64.

Kiteke v Unigroup Transporters (Appeal 64 of 2021) [2022] KEELRC 1768 (KLR) (28 July 2022) (Judgment)

✦ The respondent's application to set aside the ex-parte proceedings was found to have no merit, and the trial court's ruling was upheld.

Mwangi v Ernest Muibu Kiarie t/a Avenue Suites Hotel (Cause 145 of 2018) [2022] KEELRC 1782 (KLR) (28 July 2022) (Ruling)

✦ Respondent's application is struck out as the award amount has not been agreed upon

Banking, Insurance & Finance Union (Kenya) v Citi Bank, N. A (Cause 169 of 2017) [2022] KEELRC 1611 (KLR) (28 July 2022) (Judgment)

✦ The court directs the Labour Commissioner to appoint a Labour Officer to conduct an onsite job analysis within the respondent's establishment.

Kihara v Saikabe Construction Company Limited (Cause 124B of 2017) [2022] KEELRC 1558 (KLR) (28 July 2022) (Judgment)

✦ The cause is dismissed with each party ordered to meet their own costs

Makokha v China Road & Bridge Corporation (K) & another (Cause E645 of 2020) [2022] KEELRC 1615 (KLR) (28 July 2022) (Judgment)

✦ The claimant has proved a case of unlawful and unfair termination of employment against the 2nd respondent.