Kenyan case law
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Saka v ABSA Bank Kenya PLC (Cause E383 of 2022) [2024] KEELRC 2100 (KLR) (26 July 2024) (Ruling)
✦ Order granting stay of execution on condition that Respondent deposits the entire decretal sum in a joint interest earning account in the joint names of the advocates for the parties herein.
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Odero v Barclays Bank of Kenya Ltd (Cause 1504 of 2018) [2024] KEELRC 2113 (KLR) (26 July 2024) (Judgment)
✦ The Court found that the Respondent was justified in terminating the Claimant's employment due to multiple internet banking frauds, and the Claimant is not entitled to the reliefs sought.
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Otiato v Federation of Kenya Employers (Cause 827 of 2019) [2024] KEELRC 2041 (KLR) (26 July 2024) (Judgment)
✦ The Court found that the dismissal was procedurally fair and substantively justified, and thus, the Claimant's case was dismissed.
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Okiro v Multimedia University of Kenya (Cause E606 of 2023) [2024] KEELRC 2115 (KLR) (26 July 2024) (Ruling)
✦ The Court will not set aside the judgment, will not grant leave to the Respondent to file a Statement of Defence, and will not allow reopening of the matter.
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Njue v National Police Service Commission & 2 others (Employment and Labour Relations Petition E137 of 2023) [2024] KEELRC 2128 (KLR) (26 July 2024) (Judgment)
✦ The Petitioner's case is dismissed as the threshold for presenting constitutional violations is not met.
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Mutuma v National Police Service Commission & 2 others (Petition E208 of 2023) [2024] KEELRC 2061 (KLR) (26 July 2024) (Judgment)
✦ The Court dismisses the petition and orders the respondents to bear their own costs.
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Stati v Kenafric Industries Limited (Cause E037 of 2022) [2024] KEELRC 2054 (KLR) (26 July 2024) (Judgment)
✦ The dismissal was unfair and unlawful, and the Court orders compensation of 6 months' salary, costs, and interest.
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Kogai & Company Advocates v Kapule (Miscellaneous Application E273 of 2023) [2024] KEELRC 2126 (KLR) (26 July 2024) (Ruling)
✦ The Court will not determine the Advocate’s Application as the Certificate of Taxation has not been annexed to the Application.
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Kioko v Technical University of Kenya & another (Employment and Labour Relations Petition E173 of 2023) [2024] KEELRC 2127 (KLR) (26 July 2024) (Ruling)
✦ The Court granted the Petitioner/Applicant's request for review due to the missing supplementary affidavits and submissions, and granted the restraining order.
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Shah v Alloy Castings Limited (Cause E019 of 2023) [2024] KEELRC 2114 (KLR) (26 July 2024) (Judgment)
✦ The Court found that the termination was unfair and unlawful due to a lack of substantive justification and procedural fairness.
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Wachira v East African Portland Cement Company Limited (Employment and Labour Relations Cause 339 of 2019) [2024] KEELRC 1968 (KLR) (26 July 2024) (Ruling)
✦ Stay of execution granted
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Ringo v Kenya Railways Corporation (Cause 1585 of 2013) [2024] KEELRC 1931 (KLR) (26 July 2024) (Judgment)
✦ The Claim is declined
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Kennedy v International Rescue Committee Kenya; Kenya Medical Practitioners and Dentist Board (Interested Party) (Employment and Labour Relations Petition E012 of 2024) [2024] KEELRC 1963 (KLR) (26 July 2024) (Ruling)
✦ The court finds the application not merited and the petition should be heard and determined in full
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Tindi v Board of Directors, Kenyatta National Hospital; Kamuri (Interested Party) (Petition E081 of 2024) [2024] KEELRC 2060 (KLR) (26 July 2024) (Ruling)
✦ The court dismissed the application and ordered the respondent to pay costs.
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Chaudhary v NCBA Bank Limited (Cause E050 of 2021) [2024] KEELRC 1930 (KLR) (26 July 2024) (Judgment)
✦ Termination of the Claimant's contract was unfair and unlawful.
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Kinyanjui v HF Insurance Agency Limited (Cause 263 of 2020) [2024] KEELRC 2112 (KLR) (26 July 2024) (Judgment)
✦ The Court finds that the Respondent has proved justifiable cause for the termination of the Claimant's employment due to poor performance.
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Musau v Pembe Flours Mills Limited (Employment and Labour Relations Cause E596 of 2022) [2024] KEELRC 1974 (KLR) (26 July 2024) (Judgment)
✦ The termination of the Claimant’s employment was found to be unfair/unlawful due to procedural deficiencies
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Wazir v Redstar International Limited (Cause E477 of 2023) [2024] KEELRC 1971 (KLR) (26 July 2024) (Judgment)
✦ The Court found the termination to be unfair and unlawful, and awarded the Claimant notice pay, unpaid leave, and other damages.
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Njoroge v Kenya Railways Corporation & another (Cause E719 of 2020) [2024] KEELRC 1927 (KLR) (26 July 2024) (Judgment)
✦ The claimant is awarded 6 months' salary in compensation for her failure to attend the hearing and the termination is found to be unfair in procedure and substance.
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Thairo v Sap East Africa Limited (Cause E659 of 2022) [2024] KEELRC 2048 (KLR) (26 July 2024) (Judgment)
✦ The termination was unfair and the claimant's right to claim unfair termination was not extinguished by signing the discharge.
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Gathira v Rwathia Suppliers Ltd & 2 others (Cause E363 of 2021) [2024] KEELRC 1969 (KLR) (26 July 2024) (Judgment)
✦ The Court finds that the Respondent failed to prove that the Claimant absconded duty, and thus the termination was unfair.
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Orwa v Autocheck Ltd Also t/a Cheki (K) Ltd also t/a Get Gari (Gari Angalia) (Petition E155 of 2023) [2024] KEELRC 1939 (KLR) (26 July 2024) (Judgment)
✦ The petition is struck out with costs as the preliminary objection is upheld, and the preliminary objection will succeed.
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Ndiritu v Kimotho (Miscellaneous Cause E120 of 2024) [2024] KEELRC 1942 (KLR) (26 July 2024) (Ruling)
✦ The Court finds that the Employment and Labour Relations Court has exclusive jurisdiction to remedy the wrong and compel the performance of the Respondent's obligation.
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Nyabuti v East African Safari Express Limited (Employment and Labour Relations Cause E682 of 2022) [2024] KEELRC 2064 (KLR) (26 July 2024) (Judgment)
✦ The court finds that the Claimant's resignation was not voluntary but was occasioned by the Respondent's conduct of non-payment of monthly salary for three consecutive months, which constituted a fundamental breach of the contract.
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Salik v Maya Duty Free Limited (Employment and Labour Relations Cause 1583 of 2017) [2024] KEELRC 1999 (KLR) (26 July 2024) (Judgment)
✦ The dismissal of the Claimant was not fair