Kenyan case law

Isaiah Makhoha v Basco Products (K) Ltd [2014] KEELRC 992 (KLR)

✦ The Court found that the termination of the fixed term contract was not unfair and dismissed the Claimant's claims for compensation, salary in lieu of notice, leave pay, and salary arrears.

Jackson Nderitu Wachira v Maji Mazuri Centre International [2014] KEELRC 662 (KLR)

✦ The Claimant was an employee, not a consultant, and the termination was unlawful and unfair. The court awards the Claimant Kshs.75,000/= in terminal benefits.

Jared Mien Mayi v G4s Security Services (K) Limited [2014] KEELRC 204 (KLR)

✦ The suit is incompetent and is hereby struck out with costs.

Isaiah Odhiambo & 3 others v Kenya Shoe and Lather Workers Union [2014] KEELRC 174 (KLR)

Hesbone Gavunji Mafunya v Kenya Commercial Bank Ltd [2014] KEELRC 372 (KLR)

✦ The suit is not caught by the doctrine of laches and was filed within time.

Evans Owuor v Equator Bottlers Ltd [2014] KEELRC 1200 (KLR)

✦ The claimant's resignation was not justified and the disciplinary actions taken were null and void. The claimant is entitled to his terminal dues and gratuity.

Kelvin Kigen Kieti v Kilifi County Public Service Board & another [2014] KEELRC 362 (KLR)

Racheal Nungare & 15 others v Bake "N" Bite Limited & another [2014] KEELRC 456 (KLR)

Symon Odhiambo Orita v Rift Valley Railways Kenya Ltd [2014] KEELRC 851 (KLR)

✦ Claimant's dismissal was unfair and unlawful due to improper disciplinary procedures and lack of final warning.

Peter Ngecu Thuo v Green World International Kenya Limited [2014] KEELRC 699 (KLR)

Jacinta Wangari Njoroge & 4 others v Sarova Hotels Ltd [2014] KEELRC 1232 (KLR)

✦ The Court dismissed the claim as it was statute-barred.

Jackson Kipruto Arap Soi v Principal, Mercy Girls Secondary School, Kipkelion & Another [2014] KEELRC 1351 (KLR)

✦ The court finds the termination unfair and orders the respondent to pay the claimant 12 months compensation under section 49 (1) (c) of Employment Act, 2007.

Hamisi Abdallah Mwanyangasi v Auto Continental Ltd [2014] KEELRC 1086 (KLR)

✦ The termination was unfair and procedurally flawed.

James Ang'awa Okeyo v Kisumu Water & Sewerage Co. (Kiwasco) [2014] KEELRC 1467 (KLR)

✦ The court finds that the orders sought cannot be granted as the case will proceed to a full hearing and the termination was lawful.

Teresia N. Peter v Kitui Teachers Savings & Credit Co-Operative Society Ltd [2014] KEELRC 852 (KLR)

✦ The Court found that the termination of the Claimant's employment was substantively justifiable and procedurally fair, and dismissed her claims.

Transport Workers Union v Changamwe Service Station [2014] KEELRC 454 (KLR)

Transport Workers Union v Rift Petroleum Limited [2014] KEELRC 1030 (KLR)

✦ Application dismissed with costs.

George Wesonga Ojwang’ v Kenya National Union of Teachers (KNUT) [2014] KEELRC 625 (KLR)

✦ The Application for Stay of Execution is rejected.

Thomas Mbugua v Unilever Kenya Limited [2014] KEELRC 5 (KLR)

✦ The Court finds the termination unlawful and awards the Claimant compensation for unpaid salary, fuel allowance, notice period, and unlawful termination.

Janet Syokau Kaswii v Kathonzweni Financial Service Association [2014] KEELRC 521 (KLR)

✦ The court dismissed the preliminary objection with costs to the claimant.

Tom Mboya Analo v County Government of Nairobi [2014] KEELRC 1218 (KLR)

✦ The Claimant's claim is statute barred.

Tubman Damien Ochiel v Ecobank Kenya Limited [2014] KEELRC 1329 (KLR)

✦ The dismissal was not null and void, and the claimant is not entitled to reinstatement or payment of terminal dues.

Trustees Of Telposta Pension Scheme v Attorney General & 5 others [2014] KEELRC 107 (KLR)

✦ The Court declares the Retirement Benefits Act unconstitutional regarding appeal rights and the status of the Retirement Benefits Appeals Tribunal. It also declares the pension calculation using consolidated salary as unconstitutional and discriminatory.

Robert Mboya Nyaringo v Kenya Forest Service & another [2014] KEELRC 288 (KLR)

✦ Claimant is declared to have the right to observe his Sabbath day from Friday sunset to Saturday sunset and to attend training on that day. The decision to demote claimant is declared improper and oppressive. The claimant is facilitated to attend paramilitary training at the respondent's expense within 12 months from the date of judgment. The respondent is ordered to pay claimant's costs of the suit.

Sophie K. Muriithi v Felix Kirui T/A Supreme Health Clinic [2014] KEELRC 863 (KLR)

✦ The Respondent's application for review is disallowed, and the error in the tabulation of the award is corrected by including the sum of Kshs. 12,075 being the Claimant's salary for the month of April 2012.