Kenyan case law

Daniel Kipkoech Kenduiywo v County Government of Uasin Gishu [2017] KEELRC 1663 (KLR)

✦ The court disagrees with the respondent's argument and maintains jurisdiction.

Joseph Oduor Otieno v National Bank of Kenya Limited [2017] KEELRC 1734 (KLR)

✦ The Court grants an injunction restraining the Respondent from changing the interest rates on the loan facility to market rates pending the final determination of the suit.

Judith Jemeli Kesse v Moi Teaching and Referral Hospital [2017] KEELRC 1469 (KLR)

✦ The termination of employment was found to be wrongful, unfair and unlawful.

Kenya Union of Employees of Polytechnics, Colleges and Allied Institutions – (KUEPCAI) v Board of Management, St. Peters Sang’alo Secondary School [2017] KEELRC 1464 (KLR)

✦ The termination of the employment of the claimant was wrongful, unfair and unlawful. The claimant is entitled to reinstatement, compensation, and payment of unpaid salary and allowances.

Maurice Ndiku Kilonzo v Dawa Limited [2017] KEELRC 1702 (KLR)

✦ The Court declared the execution process irregular and the proclamation nullified. The Court directed that the execution process be stayed and directed at the proper court.

Anthony Kelly Muema v Airtel Networks Kenya Limited [2017] KEELRC 1669 (KLR)

✦ The termination of employment was wrongful, unfair and unlawful.

Wanjiku & 10 others v Chief Registrar of the Judiciary & another (Cause 912 of 2014) [2017] KEELRC 1696 (KLR) (21 February 2017) (Judgment)

✦ The relationship of employer-employee did not exist between the claimants and respondents, and they cannot allege unfair termination.

Carrison Kariado v Eastern Produce (K) Ltd [2017] KEELRC 1466 (KLR)

✦ The court finds the termination of the claimant's employment to be wrongful, unfair, and unlawful.

Kenya Shipping Clearing and Warehouses Workers Union v Rapid Kate Services Limited & another [2017] KEELRC 1714 (KLR)

✦ The suit is struck out as sub judice.

James Makokha Omukule v James Finlay (K) Ltd [2017] KEELRC 1665 (KLR)

✦ The termination of the employment was lawful and procedurally fair.

Leonard Gethoi Kamweti v National Bank of Kenya Limited [2017] KEELRC 1739 (KLR)

✦ The application for stay of execution of the judgment is dismissed. Execution proceeds.

Mary Sebby Nakhungu v Ayub Shah [2017] KEELRC 1470 (KLR)

✦ Claimant is entitled to one month's pay in lieu of notice, days worked from 1st – 9th January, 2016, six months compensation for unlawful termination, and costs of the claim shall be borne by the Respondent

Julius Charo Kazungu v Mombasa Maize Millers Limited & Ready Consultancy Limited (Cause 669 of 2016) [2017] KEELRC 1757 (KLR) (20 February 2017) (Ruling)

✦ The preliminary objection is declined.

Petronilla Mukhavi v Moses Anyangu & another [2017] [2017] KEELRC 1741 (KLR)

✦ The claim is dismissed as the case is below the standard expected.

John Ochieng Adongo v Rea Vipingo Plantations Limited & another [2017] KEELRC 1769 (KLR)

✦ The Claimant was an Employee of the 1st Respondent. The 1st Respondent terminated the Claimant's contract unfairly. The 1st Respondent is ordered to pay compensation for unfair termination and notice pay.

Monica Munira Kibuchi & 6 others v Mount Kenya University & another [2017] KEELRC 1745 (KLR)

✦ The court has jurisdiction to entertain the application and determine the constitutionality of Section 42(1) of the Employment Act.

Abdalla Ali Abdulrhman v Ministry of Lands, Planning and Housing, Mombasa County, Chief Officer, Ministry of Planning, County Surveyor , County Government of Mombasa, Registrar Mombasa District & Attorney General (Civil Suit 225 of 2016) [2017] KEELRC 1758 (KLR) (17 February 2017) (Ruling)

Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and Allied Workers v B.O.M Akamba Handicraft Industry Cooperative Society Limted [2017] KEELRC 1784 (KLR)

✦ The Court orders the dispute to be referred to the Mombasa County Labour Office for investigation and conciliation.

Samson Omechi Ongera v Tusker Mattresses Limited [2017] KEELRC 1771 (KLR)

✦ Dismissal was unfair and invalid

Bakery, Confectionary, Manufacturing & Allied Workers Union (K) v Jambo Biscuits (K) Limited [2017] KEELRC 1765 (KLR)

✦ The court discharged the orders restraining the transfer of the respondent's business as they were issued per incuriam, and allowed the parties to pursue the finalization of the CBA as ordered by Madzayo J.

David Kanyingi Njagi v Paretto Printing Works Ltd [2017] KEELRC 1767 (KLR)

Mohamed Fawzan Chaudhri v CFC Stanfic Bank [2017] KEELRC 1764 (KLR)

✦ The court finds no merit in the claim and dismisses it with no orders as to costs.

Joshua Nyagol Onyango & 4 others v Relief & Missions Logistics Limited [2017] KEELRC 1677 (KLR)

✦ Claimants are entitled to 1 month's salary in lieu of notice, 15% of salary for 9 months house allowance, and costs of the suit.

Abubakar Masiala Sifunja v Diamond Shipping Services Limited [2017] KEELRC 1774 (KLR)

✦ Termination was unfair due to flawed procedure, and the Claimant is granted compensation for unfair termination.

David Kahura Mburu v SBI International Holdings AG Kenya [2017] KEELRC 1768 (KLR)

✦ The court finds in favor of the claimant on the issue of unfair termination and orders compensation for one month's salary in lieu of notice, two months' salary in lieu of leave, and eight months' salary for unfair termination of service.