Kenyan case law
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Mambili v Freight Wings Limited (Cause 1407 of 2018) [2023] KEELRC 2162 (KLR) (22 September 2023) (Judgment)
✦ The Court finds the Claimant's termination from employment was unfair and unlawful. The Claimant is awarded one month's salary in lieu of notice, compensatory damages, and leave pay.
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Amiani v Diani Reef Beach Resort & Spa (Employment and Labour Relations Petition 1 of 2020) [2023] KEELRC 2211 (KLR) (22 September 2023) (Ruling)
✦ The court is not convinced the applicant has given sufficient grounds to justify a stay of the execution of the bill of costs.
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Kaiga v Das (Employment and Labour Relations Claim 2 of 2023) [2023] KEELRC 2194 (KLR) (22 September 2023) (Judgment)
✦ The court held that the existence of an employer-employee relationship is necessary for an employment claim. The court found that the claimant had evidence of her employment and termination, and the respondents had the opportunity to cross-examine the supporting affidavit but did not do so.
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Kati v G4S Kenya Limited (Employment and Labour Relations Appeal E219 of 2022) [2023] KEELRC 2149 (KLR) (22 September 2023) (Ruling)
✦ The Court denied the Appellant's application to adduce the additional evidence.
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Wabaya v Thuo t/a Hills Cycle Mart (Cause 1642 of 2017) [2023] KEELRC 2171 (KLR) (22 September 2023) (Judgment)
✦ The Court finds that the Respondent failed to prove a fair and valid reason for terminating the Claimant's employment and that the Claimant was not accorded procedural fairness.
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Consumer’s Pride Cafe v King’ori (Employment and Labour Relations Appeal E021 of 2022) [2023] KEELRC 2131 (KLR) (22 September 2023) (Judgment)
✦ The court held that the suit was competent and dismissed the appellant's argument that the suit was fatally incompetent.
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Matemba v County Government of Kakamega (Claim E025 of 2023) [2023] KEELRC 2207 (KLR) (22 September 2023) (Judgment)
✦ The court found the termination to be unfair and ordered the Claimant to be reinstated and to receive the requested remedies.
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Nzomo v Kenya Airport Parking Services Ltd & another (Cause E257 of 2021) [2023] KEELRC 2190 (KLR) (22 September 2023) (Ruling)
✦ The court ruled that audio recordings are admissible as electronic evidence under the Evidence Act.
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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
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Kenya Union of Commercial Food and Allied Workers v Murang’a Farmers Cooperative Union Limited (Cause E049 & E050 of 2022 (Consolidated)) [2023] KEELRC 2160 (KLR) (22 September 2023) (Judgment)
✦ The claimant is entitled to the reliefs sought.
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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.
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Kenya Union of Commercial, Food and Allied Workers v Komothai Coffee Growers Co-op Society Limited (Cause E055 of 2021) [2023] KEELRC 2128 (KLR) (22 September 2023) (Ruling)
✦ The application for review of the judgment is rejected, and the time given by the trial court for computation of the dues is extended by a further ninety (90) days.
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Kimani v Ngigi (Cause 1129 of 2018) [2023] KEELRC 2185 (KLR) (22 September 2023) (Ruling)
✦ The court dismisses the application for dismissal for want of prosecution
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National Union for Water and Sewerage Employees Union v Garissa Water and Sewerage Company Ltd; First Community Bank Garissa Branch & another (Garnishee) (Cause 1162 of 2018) [2023] KEELRC 2145 (KLR) (22 September 2023) (Ruling)
✦ The preliminary objection is found merited and the application dated February 22, 2023 is hereby found incompetent and struck out with costs. The garnishee order nisi order issued on August 20, 2020 is reinstated.
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Moi Teaching and Referral Hospital Board v Yego & another (Appeal E013 of 2021) [2023] KEELRC 2167 (KLR) (22 September 2023) (Judgment)
✦ The Appellant's appeal is partially successful, and the Respondents are entitled to withheld salaries up to January 2020.
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Kariuki v Board of Management, Moi Girls School, Nairobi (Cause 2291 of 2015) [2023] KEELRC 2189 (KLR) (22 September 2023) (Judgment)
✦ The claimant was not unfairly terminated as her employment was terminated without due process.
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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.
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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.
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Roy Hauliers Limited v Njora (Employment and Labour Relations Appeal E040 of 2022) [2023] KEELRC 2172 (KLR) (22 September 2023) (Judgment)
✦ The termination of the Respondent’s employment was fair and the counterclaim was dismissed.
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Njenga v World Vision International & 2 others (Cause E013 of 2023) [2023] KEELRC 2170 (KLR) (22 September 2023) (Judgment)
✦ The Court held that the termination was not fair and lawful due to lack of evidence proving the redundancy and the Respondents' failure to discharge their burden under the Employment Act.
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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.
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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.
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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.
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Mbui v Jilag Limited & another (Cause 122 of 2019) [2023] KEELRC 2142 (KLR) (22 September 2023) (Judgment)
✦ The termination of the claimant's employment was unfair and the court orders compensation of Kshs.510,000/- and remittance of statutory deductions.
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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.