Kenyan case law

Veronica Wambui Waweru v Green Belt Movement [2014] KEELRC 708 (KLR)

✦ Termination was wrongful, unfair, and maliciously conceived. The court awards maximum compensation for unlawful and unfair termination and orders issuance of certificate of service and payment of costs.

George Kingori Gathogo v Kenpipe Co-operative Savings & Credit Society [2014] KEELRC 67 (KLR)

✦ The court found that the termination of the claimant's employment was wrongful, unfair, and unlawful due to performance issues, and ordered the respondent to pay the claimant Kshs. 10,960,145 plus interest.

Stanley Mombo Amuti v National Water Conservation & Pipeline Corporation [2014] KEELRC 270 (KLR)

✦ The Court finds that the Claimant's employment was terminated for a valid reason and in terms of a fair procedure. The Claimant is entitled to three (3) months' salary in lieu of notice and payment of Gratuity at 31% of the basic salary in the sum of Kshs.306,000 for the served period of the contract.

Fredrick Ngari Muchira & another v Pyrethrum Board of Kenya [2014] KEELRC 1389 (KLR)

✦ The Court finds and holds the application dated 22 September 2014 is misconceived and is an abuse of Court process and orders it dismissed with costs to the Respondent.

Transport and Allied Workers Union v Universal Cabs Limited [2014] KEELRC 603 (KLR)

✦ The Court held that the Respondent violated the Labour Relations Act 2007 by terminating employees without union representation and failed to recognize the union as the representative of its unionisable workers.

Sylvester Musyoka Mulokwe & another v Roto Mounders Limited [2014] KEELRC 259 (KLR)

✦ The dismissal was procedurally unfair and the court awards notice pay, compensation, and damages for loss of employment.

Sylvester Odour Oyile v Prime Fuels (Kenya) Limited [2014] KEELRC 1165 (KLR)

✦ The claim filed by Lumumba Mumma & Kaluma Advocates is struck out as the entity does not exist as a legal entity, and the claimant's claim remains competent.

Fredrick Mulwa Mutiso v Kenya Commercial Bank Limited [2014] KEELRC 613 (KLR)

✦ Application for Judgment in default of Statement of Response is rejected. Claimant must seek directions from the Court and set the hearing date for the substantive claim.

Jackson Kimani Waweru & 5 others v Attorney General & 3 others [2014] KEELRC 1115 (KLR)

✦ The application is allowed with orders for the transfer of the suit to the Industrial Court of Kenya at Nakuru

Racheal Nungare & 15 others v Bake "N" Bite Limited & another [2014] KEELRC 200 (KLR)

Rajiv (Roger) Mandal v Stangy Boyz Promotions T/A Sound Asia [2014] KEELRC 22 (KLR)

Stephen Kamau Karanja & another v Family Bank Ltd [2014] KEELRC 1387 (KLR)

✦ The court dismissed the preliminary objection and allowed the claim to proceed.

Kenya Game Hunting & Safari Workers Union v Ensoit Ranch (Conservancy) [2014] KEELRC 1289 (KLR)

✦ The court denied recognition by the respondents to the claimant as it has not adequately demonstrated that the respondents' business lies more in game hunting and safaris than ranching and livestock.

Tailors and Textiles Workers Union v Vaja's Manufacturers Limited [2014] KEELRC 1382 (KLR)

✦ The summary dismissal is converted to normal termination, and the Respondent is ordered to pay terminal dues including notice pay and accrued salary arrears.

Tailors & Textile Workers Union v Kapric Apparels Garments (EPZ) Ltd [2014] KEELRC 986 (KLR)

✦ The claim is incompetent and cannot survive due to lack of personal representative at the time of filing the claim

Francis Ndanyi Musera v Motorways Construction Company [2014] KEELRC 794 (KLR)

✦ Claimant's claim for unfair termination of employment and notice pay fails; Claimant is entitled to Kshs. 10,042 for salary for 14 days worked in March 2012 and a certificate of service

Francis N. Bwire & 12 others v Krystalline Salt Limited [2014] KEELRC 1135 (KLR)

✦ The Claimants were found to be employees of the Respondent and not subcontractors or casuals.

Fredrick Odhiambo Madote v Insteel Limited [2014] KEELRC 52 (KLR)

✦ The redundancy meted out in claimant was illegal and unjustified, and the claimant is entitled to reinstatement and compensation.

John Barasa Wasike v Linda Security Company Ltd [2014] KEELRC 1191 (KLR)

✦ The Court finds and holds that the Respondent underpaid and did not fully pay the Claimant his wages for the period May to December 2013.

Livingstone Mutsune & another v African Tours & Hotels Limited (In Receivership) & another [2014] KEELRC 747 (KLR)

Zachary Ochako v Kenya Broadcasting Corporation [2014] KEELRC 1164 (KLR)

✦ The claimant was not unfairly retired, and there are no remedies available.

Eunice Mwasaha v Corrugated Sheets Ltd [2014] KEELRC 309 (KLR)

✦ The termination was procedurally unfair and substantively unfair.

Whencelause Gilbert Jumba Swinnerstone v Ryce East Africa Limited [2014] KEELRC 730 (KLR)

✦ The termination was unfair due to the lack of procedural fairness and the invalidity of the dismissal procedure.

Frank J Malinga v Trustees of Arya Samaj Education Board [2014] KEELRC 1312 (KLR)

✦ Claimant awarded salary dues for February 2012, one month salary withheld, and costs of the suit.

Wilson Rugwiri Mwangale v Unighir Limited [2014] KEELRC 237 (KLR)

✦ Termination was fair but carried out unfairly, and the Respondent is ordered to pay 3 months' salary in compensation and release the Claimant's certificate of service.