Kenyan case law
-
Fanuel Odede Kidenda v Cabinet Secretary, Ministry of Industry,Trade & Co-operatives, Peter G. Munya & 3 others [2019] KEELRC 1701 (KLR)
✦ The application is unsustainable and is hereby struck out.
-
Christine Njeri Githiri v Anne Waithera Kimotho t/a Cosec Associates [2019] KEELRC 1685 (KLR)
✦ Claimant's case dismissed with no order as to costs
-
David Mutemi Ngumi v Kamili Packers Limited [2019] KEELRC 1745 (KLR)
✦ The decree extraction process was not in accordance with Order 21 Rule 8 of the Civil Procedure Rules, but the failure to share the draft decree with the Respondent does not render the execution process illegal or null and void.
-
Benjamin Kipkoech Koskei v Governor Nakuru County & 2 others (Petition 19 of 2018) [2019] KEELRC 1746 (KLR) (29 April 2019) (Judgment)
✦ The court finds the suspension decision unconstitutional and quashes it.
-
Tobias Okech,Romlus J Okoth,Benson Kariuki,Francis Kiaries,Ezekiel Khalibwe,Paul Mambunda,Samson Indimuli,Ismael Asonge, Nicholas Oloo,Mary Nyambugi & Daniel Maina v Biashara Sawmills Limited (Cause 57 of 2014) [2019] KEELRC 1769 (KLR) (29 April 2019) (Judgment)
✦ The claims are time-barred and the court finds that the claims were not filed within the six-year limitation period provided by the Limitation of Actions Act.
-
Joash Alubale Jacob v Mega Pack Limited [2019] KEELRC 1770 (KLR)
✦ The claims are dismissed with costs to the respondent.
-
Longonot Horticulture Limited v James Wakaba Maina [2019] KEELRC 1730 (KLR)
✦ The orders of the trial court are set aside, and the suit is struck out for want of jurisdiction.
-
Peter Ndegwa Nderitu v Teachers Service Commission [2019] KEELRC 1702 (KLR)
✦ The court dismissed the petition as time-barred under section 90 of the Employment Act, 2007.
-
Consolata Kemunto Aming’a v Milimani High School [2019] KEELRC 1726 (KLR)
✦ The claims are dismissed, and the respondent is awarded costs.
-
Protus Wekesa Munialo v Nzoia Sugar Company Limited [2019] KEELRC 1725 (KLR)
✦ The termination of the claimant's employment was not unfair.
-
Kefa Asiago Obwogo v Seventh Day Advertist Church & 2 others [2019] KEELRC 1755 (KLR)
✦ Application is dismissed with costs
-
John Ashirunga Mjengo v Roy Collins Kamau (Cause 386 of 2016) [2019] KEELRC 1762 (KLR) (29 April 2019) (Judgment)
✦ Judgment is entered for the claimant for the payment of compensation, notice pay, leave pay, pay for days worked, public holidays, wage arrears, and issuance of a certificate of service.
-
Benjamin Githome Maingi v County Government of Nakuru [2019] KEELRC 1771 (KLR)
✦ The court held that the claimant's unspent off days cannot be forfeited and he is entitled to payment for them.
-
Dorcas Mwihaki Wanjohi v Ann Muruthi t/a St Michael’s Computer Institute [2019] KEELRC 1694 (KLR)
✦ Claimant is entitled to salary arrears of Kshs.151,000 and 42 days leave benefits, totaling Kshs.186,538.50
-
Nixon Mwai Kimiti v British Army Training Unit Kenya [2019] KEELRC 1738 (KLR)
✦ The retirement age for the claimant was 60 years as provided under clause 44 of the Standing Order 103 and clause 1312 of the RLECs of February 2018. The claimant has not proved constructive termination.
-
Simon Karuga Waweru v Twiga Stationers Limited [ (Cause 2150 of 2014) [2019] KEELRC 1773 (KLR) (Employment and Labour) (26 April 2019) (Judgment)
✦ The termination was substantively and procedurally fair, and the suit is dismissed with no order.
-
Abram Kamau Kimani v Guaranty Trust Bank (K) Limited [2019] KEELRC 1785 (KLR)
✦ The dismissal was unfair and unlawful.
-
Republic v Private Security Regulatory Authority & 2 others Ex parte Charles Arori (Chief Shopsteward) G4s & 9 others; Stephen P Nganga (Interested Party) [2019] KEELRC 1709 (KLR)
✦ The application is competent and the court grants the order of certiorari to quash the Kenya Gazette Notice No. 6868 appointing Prof. Stephen P. Nganga as the Chairperson of the Private Security Regulatory Authority.
-
Derek Wangaki Okova v Total Kenya Limited (Cause 1021 of 2015) [2019] KEELRC 1732 (KLR) (Employment and Labour) (25 April 2019) (Judgment)
✦ Claimant's redundancy was stopped by the court, so there is no redundancy to adjudicate upon. The Respondent is ordered to release the log book of motor vehicle KBZ 061 B to the Claimant.
-
Stephen Okumu Ongoro v Casaurina Nomad Limited [2019] KEELRC 1775 (KLR)
✦ The Claimant's dismissal was lawful and fair, and the claims for compensation and notice pay therefore fail and are dismissed.
-
Republic v County Assembly of Samburu Exparte Raphael Lemitin, Mark Lcharuni & Samburu Water and Sanitation Company; County Government of Samburu (Interested Party) [2019] KEELRC 1705 (KLR)
✦ The court found that the respondent had the power to recommend and take the decision to reconstitute the 3rd applicant, as it is a public company registered under the Companies Act and the respondent has oversight authority over county organs.
-
Noah Akatu Alomba v Green Park Golf & County Complex t/a The Great Rift Valley Lodge & Golf Resort [2019] KEELRC 1678 (KLR)
✦ Summary dismissal was justified, no notice pay or compensation is due. Underpayment for 2012 is admitted and awarded. Overtime claims are addressed. Claimant is entitled to reasonable accommodation and compensation for deplorable living conditions.
-
Republic v Lee Kinyanjui Maiyani Governor Nakuru County Government & Benjamin Njoroge County Secretary Nakuru County Governemnt Ex parte James K Mbugua,Peter Murithi Mwarania & Monica Cherutich (Judicial Review Application 1 of 2019) [2019] KEELRC 1759 (KLR) (25 April 2019) (Ruling)
✦ The court found the objections without merit and declined them.
-
Ruth Waithera Muthama v AIC Kijabe Hospital [2019] KEELRC 1779 (KLR)
✦ The court found the termination of employment to be unfair.
-
Patrick Lisutsa Masakhwi v Mogas Kenya Limited (Cause 501 of 2014) [2019] KEELRC 1767 (KLR) (25 April 2019) (Judgment)
✦ The claimant's employment was terminated wrongfully as there was no due process and the claimant was not paid withheld salary.