Kenyan case law
-
Charles Ogutu Ooko & another v Registrar of Trade Unions [2020] KEELRC 1779 (KLR)
✦ The Court finds no merit in the Appeal and dismisses it with no order as to costs.
-
Maro Abdallah Jilloh v Nine One One Kenya Limited [2020] KEELRC 1623 (KLR)
✦ The ex-parte judgment is set aside, and the Respondent is granted leave to file its pleadings and documents within 14 days. The Respondent is also ordered to pay throw away costs of Kshs. 25,000 to the Claimant.
-
Robert Angulu Anyangu v Board of Directors of Potterhouse School Limited & 2 others [2020] KEELRC 1761 (KLR)
✦ The execution is nullified, and the respondents are ordered to pay the auctioneers' fees and charges.
-
John Mbithi Kavumbu v Riverdale Booms Limited [2020] KEELRC 1739 (KLR)
✦ The Claimant was not dismissed from employment, and thus, the relief of a declaration that the dismissal was unfair and unlawful is dismissed. The Claimant is not entitled to one month's salary in lieu of notice and damages for wrongful and unfair dismissal. The Claimant's claim for unpaid leave is dismissed. The Claimant is entitled to the difference between his salary and what would have constituted a consolidated wage for house allowance.
-
Grace Akinyi Ahawo v Kenya Airports Authority; NIC Bank (Garnishee) [2020] KEELRC 1795 (KLR)
✦ The Court allows the application to the extent of Kshs 80,546, including Kshs 15,000 in garnishee costs.
-
Martin Rugenyi Warutere v Open World Limited [2020] KEELRC 1695 (KLR)
✦ Termination was lawful, but flawed in disciplinary process; claimant awarded 3 months' salary in lieu of notice, withheld salary, and one month's salary as compensation
-
Casto Gitongah Mwai v Brookside Dairy Limited [2020] KEELRC 1796 (KLR)
✦ The court held that there was no outstanding loan of Kshs. 33,191.50 owing to the SACCO from defaulters guaranteed by the claimant as at the date of his retirement.
-
Joseph Gachoka v Kisiwa Guest House Lodge Limited [2020] KEELRC 1812 (KLR)
✦ The Court found the termination to be unfair and ordered the Respondent to pay the Claimant compensation for unfair termination, annual leave pay, service pay, and issue a certificate of service.
-
Kenya Union of Domestic, Hotels, Educational Institutions and Hosptials Workers v Tenwek Hosptial Board of Management [2020] KEELRC 1693 (KLR)
✦ The early retirement of the grievants is found unfair and the respondent is ordered to pay them for the 5 years of early retirement, the payment of full terminal dues.
-
Angaga v Ombego (Cause 790 of 2018) [2020] KEELRC 1947 (KLR) (31 January 2020) (Judgment)
✦ The respondent terminated the claimant’s employment wrongfully and unfairly.
-
Banking Insurance and Finance Union (K) v Co-operative Bank of Kenya [2020] KEELRC 1735 (KLR)
✦ An order for stay of execution of the judgment of the Abuodha J. dated 28th June 2019, be and is hereby granted pending the hearing and determination of the intended Appeal.
-
Lia Gloria Makya v Bridge International Academies [2020] KEELRC 1745 (KLR)
✦ The dismissal of the suit was caused by an excusable mistake on the part of the claimant's counsel's clerk but was mainly due to the respondent's counsel's actions. The orders dismissing the claimant's suit are set aside, and the suit is reinstated.
-
National Bank of Kenya Staff Retirement Benefits Scheme & another v Retirement Benefits Appeal Tribunal & others [2020] KEELRC 1715 (KLR)
✦ The Tribunal's decision is quashed and the 1st Respondent is ordered to pay the benefits to the 83 Appellants as per the original judgment.
-
Anastacia Mutindi Kibutu v Liason Group (IB) Limited [2020] KEELRC 1702 (KLR)
✦ The application for stay of execution is an abuse of the court process and is dismissed.
-
Kenya Union of Hair and Beauty Salon Workers Union v Metal Crowns Limited [2020] KEELRC 1597 (KLR)
✦ The court dismisses the Application with costs
-
Kings Developers Limited v Samuel Kavai & another [2020] KEELRC 1816 (KLR)
✦ The judgment of the trial court is set aside, and the court enters judgment for general damages of Kshs 500,000/- and special damages of Kshs 60,000/-.
-
Jackson Kabingu Gichohi v Attorney General [2020] KEELRC 1765 (KLR)
✦ The petition is struck out for being statute barred and an abuse of court process
-
Rift Valley Railways Workers Union (K) v Rift Valley Railways (K) Limited & another [2020] KEELRC 1592 (KLR)
✦ The suit is struck out as the claimant does not have locus standi to file suit on behalf of the deceased grievant.
-
Agnes Gesare Ogutu v Fun An Shop Limited & another [2020] KEELRC 1737 (KLR)
✦ The Court found the Claimant was an employee and the Respondent did not comply with redundancy requirements. The Claimant is entitled to severance pay and accrued leave, but not to notice pay or overtime.
-
Nyangau v National Police Service Commission & 2 others (Constitutional Petition 5 of 2018) [2020] KEELRC 1941 (KLR) (30 January 2020) (Judgment)
✦ The court found that the transfer was lawful and procedural, and the petitioner is not entitled to the reliefs sought.
-
Peterson Guto Ondieki v Kisii University [2020] KEELRC 1895 (KLR)
✦ The claim is dismissed as there is no case for unfair labour practice and discrimination. The claim for unpaid salaries is not supported by evidence.
-
Patrick Omutia Otulia & another v Nairobi City Water & Sewerage Company Limited [2020] KEELRC 1679 (KLR)
✦ The court finds no error on the record to warrant review of the judgment and declines to grant the stay of execution.
-
Kenya Union of Employees of Polytechnics, Colleges and Allied Institutions (KUEPCAI) v Board of Management, Nairobi Technical Training Institute (Cause 90 of 2016) [2020] KEELRC 1936 (KLR) (30 January 2020) (Judgment)
✦ The claims are dismissed. The grievant is ordered to meet costs due to the respondent.
-
Naumy Jemutai Kirui v Unilever Tea Kenya Limited [2020] KEELRC 1762 (KLR)
✦ Awarded Kshs. 2,201,302.90 for unfair termination of employment and costs of the suit
-
Kenya Union of Sugar Plantation and Allied Workers v West Kenya Sugar Company Limited [2020] KEELRC 1612 (KLR)
✦ The respondent is directed to immediately effect deduction of union dues from the wage/salaries of all the listed workers still in its employ who have voluntarily become members of the union.