Kenyan case law
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Mutavi Muindi v Valley Confectionary Limited [2019] KEELRC 1781 (KLR)
✦ The court finds the termination of employment to be fair and denies the claimant's request for reinstatement, compensation, and notice pay.
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Bigot Flowers Limited v Peter Jakoyo Anyango [2019] KEELRC 1743 (KLR)
✦ The appeal is allowed with costs to the appellant, and the judgement and decree of the lower court is set aside.
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Lomolo (1962) Limited v Juma Oduor [2019] KEELRC 2574 (KLR)
✦ The appellant is not liable in negligence and the damages assessed by the lower court are erroneous.
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Kenya Hotels and Allied Workers Union v Rongai Eating House & another [2019] KEELRC 1784 (KLR)
✦ The Court finds that the Respondents failed to establish a case of desertion of duty against the Grievant and awards compensation and benefits accordingly.
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Benard Onyango Oudu v Nakuru Industries Ltd [2019] KEELRC 1754 (KLR)
✦ The claimant's claims for underpayment and unpaid leave are time-barred as they fall under different contracts. The claimant's employment ended lawfully, and he is not entitled to compensation.
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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.
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Ruth Waithera Muthama v AIC Kijabe Hospital [2019] KEELRC 1779 (KLR)
✦ The court found the termination of employment to be unfair.
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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.
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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.
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Rahab Njeri Kaguthi v Meas Agricultural Centre Limited [2019] KEELRC 1728 (KLR)
✦ Application to set aside judgment and order for de novo hearing is dismissed
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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.
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Wycliffe Lidong’a Kivunira v National Bank of Kenya Limited [2019] KEELRC 1748 (KLR)
✦ The Court ordered the expungement of certain confidential documents and restrained the Claimant from disclosing them.
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Okiya Omtatah Okoiti v National Executive of the Republic & 6 others [2019] KEELRC 1817 (KLR)
✦ The Court will not at this stage make orders to disturb the appointments because the President and the Cabinet secretary have not been shown to have acted in contravention of the prevailing statutory provision and the provision is not obviously unconstitutional.
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Kenya Engineering Workers Union v Wika Industries Limited [2019] KEELRC 1850 (KLR)
✦ The court declared that the claimant is entitled to recognition by the respondent and ordered the parties to conclude the relevant recognition agreement within 14 days and thereafter negotiate a collective bargaining agreement. The respondent was ordered to deduct and remit union dues for its employees being members of the claimant and the deductions to start not later than the end of April, 2019. The respondent was also ordered to pay part of the claimant's costs of the suit.
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David Namu Kariuki v Institute of Policy Analysis and Research [2019] KEELRC 1856 (KLR)
✦ The claimant's suit is dismissed, and judgment is entered for the respondent in the amount of Kshs. 2,118,268.00, with costs and the respondent's counterclaim allowed with set off.
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Kevins Alango Okonya v Egypro East Africa Limited [2019] KEELRC 1841 (KLR)
✦ The termination of the contract of service on 22.05.2015 was unfair. The claimant is awarded 5 months' compensation under section 49 of the Act making Kshs.175, 000.00 at Kshs. 35, 000.00 per month.
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Margaret Wairimu Gacheru v Beta Healthcare International [2019] KEELRC 1849 (KLR)
✦ The application is granted, the order dismissing the claimant's suit is set aside, and the parties are ordered to fix a hearing date
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John Sigura Otido v Energy Regulatory Commission [2019] KEELRC 1851 (KLR)
✦ The claimant is entitled to reinstatement and payment of unpaid salaries and benefits. The claimant is not entitled to compensation for unfair dismissal.
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Pascalia Mwende Matheka v Silverbird Travel Plus Limited & another [2019] KEELRC 1833 (KLR)
✦ The claimant's contract was terminated unfairly due to her valid grievance about unpaid salaries. The court awards compensation for unfair termination, unpaid salaries, and pay in lieu of notice.
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Erastus K Gitonga & 4 others v National Environmental Management Authority; Law Society of Kenya (Interested Party) [2019] KEELRC 1854 (KLR)
✦ Judgment is entered for the claimants, declaring NEMA's actions unlawful, wrongful, and unfair, and ordering NEMA to pay the claimants the amounts due for non-practice allowance and prosecutorial allowance.
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Nancy Aseyo v Manpower Networks Limited [2019] KEELRC 1852 (KLR)
✦ The termination was unfair and the respondent is ordered to pay the claimant 7 months' salary in compensation, deliver the certificate of service, remit NSSF contributions, and pay the terminal dues.
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Nicodemus Wambilianga Makhanu v Lavington Security Limited [2019] KEELRC 1843 (KLR)
✦ Claimant is not entitled to terminal dues or pay in lieu of untaken leave.
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Peter Mutuku Nthuku v Perimeter Protection Limited [2019] KEELRC 1816 (KLR)
✦ Order for stay of execution is granted, but status quo remains pending the hearing and determination of the appeal or until further orders of this court
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Pratasio Ndwiga Kathuri v Hakika Transport Services Limited [2019] KEELRC 1812 (KLR)
✦ The termination was lawful and the claim for compensation is dismissed.
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Eddie Magiri v Kenya Meat Commission [2019] KEELRC 1433 (KLR)
✦ The Court finds that the process leading to the summary dismissal of the Claimant was not fair and awards compensation and salary arrears.