Kenyan case law
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Cyrus Maina Njoroge v The Attorney- General & another [2017] KEELRC 1776 (KLR)
✦ The Claimant is not entitled to anticipated salary, and the termination was not malicious. Damages are not awardable for defamation or malicious prosecution. The Claim is time-barred due to non-compliance with Section 66 of the KPA Act.
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Martin Shumwe Okwaro v Purushottam Enterprises Ltd [2017] meKLR [2017] KEELRC 1756 (KLR)
✦ The court finds the termination to be unlawful and orders the respondent to pay the claimant one month's salary in lieu of notice, severance pay, and eight months' salary as compensation for unfair termination.
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Clement Karuri v Kenya Ports Authority [2017] KEELRC 1775 (KLR)
✦ The dismissal was fair and there was valid ground for termination.
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James Njenga Wacuka v DPL Festive Bakery Ltd [2017] KEELRC 1770 (KLR)
✦ The court finds the claim without merit and dismisses it with costs.
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Resort Kenya Limited v Robert Ombeva Musila [2017] KEELRC 1752 (KLR)
✦ The appeal fails and is hereby dismissed with costs.
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Josphat Kumenda Momanyi v Mombasa Apparel [EPZ] Limited [2017] KEELRC 1762 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay the Claimant 2 months' salary in compensation for unfair termination and 1 month salary in lieu of notice.
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Almagamated Union of Kenya Metal Workers v Automarine Services [2017] KEELRC 1781 (KLR)
✦ The Court declines to order the Respondent to deposit Kshs. 1,792,394 in Court or to order the Respondent's Director to deposit his passport with the Court. The Court also declines to order the Respondent to be barred from changing its name. The Claimant is allowed to amend its Statement of Claim within 14 days of this Ruling. The parties are ordered to move the Court for further orders.
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Kenya National Private Security Workers Union v Riley Falcon Security [2017] KEELRC 1575 (KLR)
✦ The court finds that the Claimant has not proved that it ever qualified for recognition by the Respondent by recruiting a simple majority of the Respondent's employees. The claimant union has now been recognized by the Kenya Security Industry Association, and the issue of recognition has been overtaken by events.
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Dickson Kabiru Muburu v Teachers Service Commission & another [2017] KEELRC 1710 (KLR)
✦ Claimant's case is dismissed as he failed to adhere to the employer's policy and did not take the Teachers Proficiency Course.
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Pius Kakono Kau v Attorney General & 2 others [2017] KEELRC 1737 (KLR)
✦ The court finds for the Claimant and orders payment of Kshs.656,500 in salary arrears plus costs and interest.
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Eric Cheruiyot v Independent Electoral And Boundaries Commission & 3 others [2017] KEELRC 1791 (KLR)
✦ The court finds that the court has jurisdiction to hear the case.
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Eric Cheruiyot v Independent Electoral and Boundaries Commission & 3 others [2017] KEELRC 1786 (KLR)
✦ The application is dismissed with each party bearing their own costs.
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Evelyne Anyango Obondo v Kenya Revenue Authority [2017] KEELRC 1780 (KLR)
✦ The Court finds the process unfair and halts it, directing the claimant to resume duty and be paid withheld salaries.
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Joseph K Muli & 9 others v Deutche Gesellschraft Fur Technische Zusammenarbeit Gmbh, Gtz- International Services (Gtz-Is) [2017] KEELRC 1276 (KLR)
✦ The court agrees with the applicant that the delay in filing the application and obtaining the Letters of Administration was not inordinate and that the legal representative can be substituted as the 3rd plaintiff.
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Kenya County Government Workers Union v Nairobi City County Government & another [2017] KEELRC 1743 (KLR)
✦ The application is not warranted and the main petition may be set down for hearing.
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Republic v Secretary, Public Service Commission Ex parte Sammy Nzioki & another [2017] KEELRC 1281 (KLR)
✦ The orders of mandamus should not issue as the Respondent has already communicated its decision regarding the Applicant's employment.
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Kennedy Juma Ojwang v Aegis Construction Co Ltd [2017] KEELRC 1799 (KLR)
✦ Claimant is entitled to 3 months' salary in compensation, 1 month's salary in lieu of notice, and severance pay for one year of service.
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Banking Insurance & Finance Union (Kenya) v Kenya Post Office Savings Bank Ltd [2017] KEELRC 1802 (KLR)
✦ The Court held that SRC has a role in the negotiations between the parties, particularly in advising the national and county governments on the remuneration of public officers.
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Lumumba Mumma & Kaluma Advocates v Esau Rodgers Mumia [2017] KEELRC 1789 (KLR)
✦ The application is dismissed with costs.
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Edward Odongo Owiti v Salama Hotel Limited [2017] KEELRC 1790 (KLR)
✦ The court finds in favor of the claimant, awarding one month's salary in lieu of notice, service pay, and six months' salary as compensation for unfair termination.
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Amit Daniel Washington v Centum Learning Limited [2017] KEELRC 1810 (KLR)
✦ The Court assumes jurisdiction and directs the matter to proceed to full hearing.
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Patrick M. Lumumba v Mavkan Construction (K) Limited [2017] KEELRC 1788 (KLR)
✦ Claimant's termination was lawful and he received a full and final settlement.
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Elizabeth Adhiambo Oduor v Shalin Vora [2017] KEELRC 1804 (KLR)
✦ The court awards the claimant compensation for one month's salary in lieu of notice, one month's salary in lieu of leave, severance pay, salary underpayment, public holidays, and annual leave.
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Peris Njeri Kinyanjui v Kobo Safaris Limited [2017] KEELRC 1813 (KLR)
✦ The employer is not entitled to withhold tax PAYE on the award of compensation.
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Abdulkadir Kader Mamdani v Ahmed Salyani & Mohammed Ebrahim t/a Ace Associates [2017] KEELRC 1808 (KLR)
✦ The preliminary objection is declined and the parties are directed to schedule the claim for a full hearing.