Kenyan case law

Wilson Wachira Waniige v Telkom Kenya Ltd [2014] KEELRC 263 (KLR)

Evans Mbuthia Kiai v Delmonte Kenya Limited [2014] KEELRC 973 (KLR)

✦ The Applicant's application for leave to file his claim out of time is disallowed.

Zedekia Juma Adaya v MSB Educational Institute [2014] KEELRC 458 (KLR)

Fredrick Chege Njuguna v Hellen Okubasu T/A Hellenic Salon And Executive Barber [2014] KEELRC 1500 (KLR)

✦ The Court finds the Claimant was under contract of employment with the Respondent, his contract was terminated without notice, and the Respondent is in breach of the employment contract. The Claimant is awarded kshs.200,000.00 in damages, kshs.36,000.00 as notice pay, and kshs.36,000.00 as pay for October 2006.

James Heather – Hayes v African Medical and Research Foundation (AMREF) [2014] KEELRC 1107 (KLR)

✦ The court orders the dispute to be referred to arbitration.

Ham Otieno Busili v National Environmental Authority [2014] KEELRC 1506 (KLR)

✦ The Court finds the termination wrongful and awards compensation of Kshs.2,932,230.

Francis Joseph Kimele v Teachers Service Commission [2014] KEELRC 678 (KLR)

✦ The Application is rejected with no order on costs

Francis N Gachuri v Energy Regulatory Commission [2014] KEELRC 1063 (KLR)

✦ Application for stay of execution is without merit and dismissed with costs

John Ogendo Anyona v Chief of Kenya Defence Forces & 2 others [2014] KEELRC 1044 (KLR)

✦ The Court found that the Respondents had statutory authority to discipline the Applicant for lawful cause, and the Court may only intervene in cases of abuse of discretion, improper purpose, breach of duty to act fairly, failure to exercise discretion reasonably, or failure to exercise discretion.

Evans Owuor v Equator Bottlers Ltd [2014] KEELRC 1504 (KLR)

✦ The claimant is entitled to his terminal dues and gratuity, less one month's salary.

Feisal Ahmed v Nokia International [2014] KEELRC 728 (KLR)

✦ The Claimant's employment was not terminated maliciously or unfairly, and he is not entitled to any of the reliefs sought.

Veronicah Musyoka v Payless Car Hire & Tours Ltd & 2 others [2014] KEELRC 453 (KLR)

Hamisi Chengo Mangale v Kenya Aerotech Limited [2014] KEELRC 1240 (KLR)

✦ The dismissal was not unfair

Francis Oduori Makokha v Fidelity Security Limited [2014] KEELRC 420 (KLR)

✦ Summary dismissal was substantively and unprocedurally unfair, and the Claimant is awarded six months salary and terminal benefits.

Geoffrey Macharia Wairimu v Private Safaris (EA) Limited [2014] KEELRC 340 (KLR)

✦ The Application is accordingly dismissed

Bakari Abdalla Njama v Dipan Shah T/A Raisons Trading Co. Ltd [2014] KEELRC 307 (KLR)

Isaac Mweleza Okuoga v Kenchic Limited [2014] KEELRC 814 (KLR)

✦ The Court dismissed the Claimant's application for records and ordered the parties to settle the matter in full.

Fred Mudave Gogo v G4s Security Services (K) Ltd [2014] KEELRC 713 (KLR)

✦ The claim is not time-barred and the Employment Act, 2007 applies.

Jonathan M Mwandime v Banbros Limited [2014] KEELRC 1396 (KLR)

✦ Claimant's claims for terminal benefits, salary for the last week, notice, leave, and house allowance are upheld.

Geofrey Nyongesa Nyondo v Straight Line Co. Limited [2014] KEELRC 586 (KLR)

Geoffrey Makana Asanyo v Nakuru Water and Sanitation Services Company & 7 others [2014] KEELRC 1020 (KLR)

✦ The court finds that the petitioner held the position of a director representing the business community at all material time and that the position was not abolished.

John Oduor & another v United Millers Limited [2014] KEELRC 823 (KLR)

✦ The claimants are constructively and unfairly terminated, entitled to a certificate of service, and each claimant is entitled to Kshs.48,240 for unfair termination and one day per week off-duty days from the date of employment to end May 2011.

Emmah Njeri v Sarova Whitesands Beach Resort & Spa [2014] KEELRC 1263 (KLR)

✦ The dismissal was procedurally unfair

Victoria Mukonyo Muinde v Jamii Bora Trust [2014] KEELRC 646 (KLR)

✦ The suit is dismissed in its entirety with no Order as to costs.

Hezron Mukoko Silunya v Teachers Service Commission [2014] KEELRC 194 (KLR)

✦ The Respondent did not violate the Petitioner's constitutional rights