Kenyan case law
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Mulae v Coast Bus Mombasa Limited t/a Mail Co Ltd (Cause 438 of 2018) [2023] KEELRC 2134 (KLR) (22 September 2023) (Ruling)
✦ The Court finds the Claim statute-barred under Section 90 of the Employment Act, as it was filed 7 years after the Respondent's termination of employment.
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Letambul v County Government of Samburu & another (Cause E038 of 2022) [2023] KEELRC 2127 (KLR) (22 September 2023) (Ruling)
✦ The court sets aside the previous judgment and grants leave to file a new application.
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Luvisia v ADC Suam Orchards Limited (Cause 3 of 2019) [2023] KEELRC 2129 (KLR) (22 September 2023) (Judgment)
✦ The Court finds the termination of employment unfair and awards the Claimant one month's salary in lieu of notice, salary for 18 days, and two months' salary as compensation for unfair termination.
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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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Karisa v Independent Electoral and Boundaries Commission (Cause 1319 of 2017) [2023] KEELRC 2350 (KLR) (21 September 2023) (Judgment)
✦ The termination of employment was unjustified and the respondent should have refunded all salary and allowances deducted from the claimant from the date of termination.
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Wafula v Associated Construction Co. Ltd (Employment and Labour Relations Appeal 10 of 2023) [2023] KEELRC 2195 (KLR) (21 September 2023) (Judgment)
✦ The court allows the appeal and sets aside the ruling of the Trial Magistrate, dismissing the preliminary objection and allowing the application to be heard on merit.
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Mwangi v Waiganjo Investment Ltd (Cause 1319 of 2015) [2023] KEELRC 2153 (KLR) (21 September 2023) (Ruling)
✦ The court dismissed the application due to the Respondent's failure to comply with court orders and its lack of action on the application since 2015.
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Langi v County Government of Nakuru (Miscellaneous Civil Application E038 of 2022) [2023] KEELRC 2155 (KLR) (21 September 2023) (Ruling)
✦ The court finds the Applicant's notice of motion merited and dismisses the Respondent's PO.
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Amalgamated Union of Kenya Metal Workers v Mohamed t/a Rizwan Metal Craft (Cause E095 of 2021) [2023] KEELRC 2305 (KLR) (21 September 2023) (Judgment)
✦ The court held that the payment of gratuity is a gratuitous benefit and must be negotiated by the parties in good faith. The court declined the orders sought and allowed the parties to engage in further negotiations on the payment of gratuity.
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Maluki & 4 others v Kaluworks Limited (Cause 286, 253, 289, 290 & 291 of 2017 (Consolidated)) [2023] KEELRC 2264 (KLR) (21 September 2023) (Judgment)
✦ Claims are not time-barred and employment was protected under Section 37 of the Employment Act.
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Nayweni & 45 others v African Shipping Limited & 47 others; International Transport Federation & 4 others (Interested Parties) (Petition E007 of 2022) [2023] KEELRC 2306 (KLR) (21 September 2023) (Ruling)
✦ The 42nd respondent's application is allowed with seven (7) days to file a response and serve all parties.
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Lumanyasi v West Kenya Sugar Company Limited (Employment and Labour Relations Appeal 22 of 2023) [2023] KEELRC 2206 (KLR) (21 September 2023) (Judgment)
✦ The court found that the trial learned Magistrate arrived at the wrong conclusion on substantive and procedural fairness.
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Gachiri v Thika Water & Sewerage Co. Limited; Kenya Union of Commercial Food & Allied Workers (Interested Party) (Cause E174 of 2023) [2023] KEELRC 2147 (KLR) (21 September 2023) (Ruling)
✦ The Court orders the transfer of the case to Thika Chief Magistrates Court
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Kenya Engineering Workers Union v M/S Crom Impex (K) Limited (Cause 279 of 2016) [2023] KEELRC 2138 (KLR) (21 September 2023) (Judgment)
✦ Court orders Respondent to pay union dues arrears, initiate deductions and remittance of union dues, and commence negotiations for Recognition Agreement.
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Kenya Union of Commercial Food and Allied Work v Mitra Enterprises Limited & another (Cause 62 of 2020) [2023] KEELRC 2122 (KLR) (21 September 2023) (Ruling)
✦ The Respondent's motion is dismissed with costs to the Claimant.
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Ramtu v Muslims for Human Rights (MUHURI) (Cause E086 of 2022) [2023] KEELRC 2277 (KLR) (21 September 2023) (Judgment)
✦ Claimant was discriminated against and her employment was unfairly terminated.
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Kenya Union of Commercial Food and Allied Workers v Molturesh Loitoktok Water and Sanitation Company & another (Cause 1528 of 2018) [2023] KEELRC 2181 (KLR) (21 September 2023) (Quantum Judgment)
✦ Judgment is entered for the Claimant against the Respondent in the total sum of Ksh 157,331,253.48.
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Republic v Lake Basin Development Authority; Chere (Exparte Applicant) (Judicial Review E015 of 2022) [2023] KEELRC 2120 (KLR) (21 September 2023) (Ruling)
✦ The application for recusal is dismissed as there is no reasonable basis for it.
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Kombo v Riley Falcon Security Services Limited (Appeal E044 of 2021) [2023] KEELRC 2119 (KLR) (21 September 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal, upholding the Trial Court's decision.
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Musyoka v Diamond Trust Bank Limited (Cause E057 of 2022) [2023] KEELRC 2276 (KLR) (21 September 2023) (Judgment)
✦ The claimant is awarded notice pay at Ksh. 125,000 and compensation at zero (0) amount. The counterclaim is allowed, and the claimant shall repay the loan facility at monthly instalments of Kshs. 34,043.70 until payment in full.
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Makau v DIB Bank Kenya Limited (Petition E164 of 2022) [2023] KEELRC 2146 (KLR) (21 September 2023) (Ruling)
✦ The court granted the stay of execution of the judgment and decree.
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Kenya County Government Workers’ Union v Governor, County Government of Kiambu & 5 others (Cause 115 of 2006) [2023] KEELRC 2321 (KLR) (21 September 2023) (Ruling)
✦ The application for contempt of court is dismissed as the applicant has not named specific individuals and the conduct of the respondents does not constitute willful disobedience.
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Vundi v Mombasa Parents Club & 3 others (Cause 16 of 2020) [2023] KEELRC 2299 (KLR) (21 September 2023) (Judgment)
✦ The claimant's dismissal was found justifiable, and he is entitled to pay for 6 days worked in November 2019.
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Muchiri v Laikipia University (Cause 058 of 2021) [2023] KEELRC 2179 (KLR) (21 September 2023) (Judgment)
✦ The court found the unilateral reduction of the claimant’s remuneration in February 2021 to be wrongful, unfair, and unlawful, and ordered the reinstatement of the sum of Kshs 115,000 per month.
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Muia v Chase Bank (Kenya) Limited (In Receivership) & another (Cause 73 of 2015) [2023] KEELRC 2124 (KLR) (21 September 2023) (Judgment)
✦ The Claimant's claim for unlawful and unfair termination of employment fails due to lack of evidence of constructive dismissal.