Kenyan case law

Geoffrey Muringi Mwangi v Rwaken Investments Limited [2015] KEELRC 1261 (KLR)

✦ The termination was unfair and the Court awarded the claimant one month's salary in lieu of notice, two months' salary for unfair termination, and three years' leave pay.

Magdaline Nduta Mwicigi v Anna Wanjiku Mwicigi [2015] KEELRC 291 (KLR)

Geofrey Egesa Odongo v Executive Secretary & Kenya National Union of Teachers Busia Branch [2015] KEELRC 1648 (KLR)

✦ The court finds the Respondent owing the Claimant Kshs.1,876,307 less Shs.867,868 already paid, leaving a balance of Kshs.1,008,439.

Sammy Bently Aluso & another v Commissioner of Police & another [2015] KEELRC 1082 (KLR)

✦ The court finds that the claimants' dismissal was unfair and declares it unlawful. The claimants are entitled to compensation and deemed to have retired under the 50 years' rule.

George Muthoka Kioko v Multiple ICD [K] Ltd [2015] KEELRC 1062 (KLR)

✦ The Court finds the Claimant's resignation was not wrongful termination and grants him 7 days' salary in lieu of notice at Kshs. 15,150.

Susan Mumbua & 6 others v Navitas Limited & 2 others [2015] KEELRC 1207 (KLR)

✦ The Court allowed the preliminary objection and dismissed the application

Kenya Petroleum Workers Union v Kenya Pipeline Company Limited [2015] KEELRC 159 (KLR)

✦ The suit is time barred under section 90 of the Employment Act (EA). The cause of action has since expired and this court lacks jurisdiction over it.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Upper Hill Mixed Secondary School [2015] KEELRC 1139 (KLR)

✦ The Court orders the Respondent to grant the Union recognition within 30 days from the date of the judgment and directs the Respondent to pay the Union costs of Kshs 15,000/-.

Kenya Union of Domestic, Hotels, Education Institutions and Hospital Workers [Kudheiha] v North Coast Beach Hotel [2015] KEELRC 1471 (KLR)

✦ Termination of the Grievants' contracts of employment was unfair; the Respondent shall pay 7 months' gross salary in compensation, terminal benefits, and release Certificates of Service.

Jackline K.Muchiri v Everest Enterprises Limited [2015] KEELRC 944 (KLR)

✦ The court finds that the summary dismissal of the claimant by the respondent from employment was unfair. The claimant is entitled to a declaration of unfair dismissal, certificate of service, 1 month pay in lieu of the termination notice, and costs of the suit.

Peter Musyoka v Masaku Lucky Wholesalers [2015] KEELRC 419 (KLR)

✦ dismissal was unfair and unjustified

Samuel Okello Gawo v Alibe Security Services Limited [2015] KEELRC 1008 (KLR)

✦ The court dismisses the application with costs, finding it not a proper case to exercise the power to review.

Keneddy Michira Mangerere v Sentido Neptune Paradise Resort [2015] KEELRC 1454 (KLR)

✦ The court declares the termination unlawful and awards compensation for unfair termination.

Zachary Ndung’u Gichia v Family Bank Limited [2015] KEELRC 304 (KLR)

✦ The objection is disallowed and the application shall proceed for hearing on merit.

John Jonai Khasindu v Jonada Services Limited [2015] KEELRC 917 (KLR)

✦ The Court finds the dismissal substantively unfair and procedurally unfair.

Stephen Makokha Were v Bank of Baroda (K) Limited [2015] KEELRC 1384 (KLR)

✦ The court finds that the notice period was 1 month as per the Claimant's letter of appointment and the Respondents could not impose a 3 months notice on the Claimant which period was unknown to the Claimant prior.

Emily Wambui Kimani v National Gender and Equality Commission [2015] KEELRC 1003 (KLR)

✦ The Court declines to grant the orders sought with the consequence that the application is dismissed with costs.

Zedekiah Siswa Obando v Rift Valley Sports Club Ltd [2015] KEELRC 346 (KLR)

✦ The dismissal was unlawful and in breach of contract, and the Claimant is entitled to 3 months pay in lieu of notice, house allowance, Christmas bonus, and gratuity.

Fredrick Odhiambo Ndede v Makueni County Public Service Board & another [2015] KEELRC 236 (KLR)

✦ Claimant's suit is not time-barred and the orders sought are valid.

Wafula Wekesa v Aga Khan Education Service, Kenya [2015] KEELRC 23 (KLR)

✦ The Court awards the Claimant Kshs. 528,558.69 all inclusive, payable within 7 days.

Haron Njoroge Gacengechi v Administrator Consolata Institute of Philosophy [2015] KEELRC 1278 (KLR)

✦ The court finds that the previous contracts were terminated without due process and therefore made the termination unlawful and unfair. The Claimant is entitled to 6 months salary in lieu of notice and compensation equivalent to 12 months salary.

Jackline Ochango v Godrick S Khisa t/a Kakamega Farmers Agency [2015] KEELRC 39 (KLR)

✦ The Claimant is awarded underpayments, annual leave, service pay, and salary for 25 days worked.

Veronicah Musyoka v Payless Car Hire & Tours Ltd T/A Budget Rent A Car Of Kenya & another [2015] KEELRC 1494 (KLR)

✦ An order for garnishee absolute is granted

Willingtone Wanzala Okwalo v Laxmanbhai Construction Ltd [2015] KEELRC 269 (KLR)

✦ The Court found that the Claimant was not coerced to sign a resignation letter and that the Respondent did not present medical reports for retirement on medical grounds. The Claimant was not entitled to any of the claims in his claim as he resigned from employment.

Jonah Kimani Ngere v Gear Control & Equipment Ltd [2015] KEELRC 1585 (KLR)

✦ Application for stay of execution pending Appeal is dismissed with costs