Kenyan case law
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Luke William Mak’Okok v Kisumu Water & Sewerage Co Ltd [2021] KEELRC 1840 (KLR)
✦ The dismissal was fair and compensation and salary in lieu of notice are not available remedies. The Claimant is entitled to overtime pay for January and February 2011.
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Jonathan Njuguna Kimani & another v Safaricom Kenya PLC Limited [2021] KEELRC 1551 (KLR)
✦ The suit is struck out and each party is to bear their own costs
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Allan Pamba v Kenya Hospital Association for and on behalf of The Nairobi Hospital & another [2021] KEELRC 1505 (KLR)
✦ The ex-parte order remains valid and binding, and the Respondents' appointment of James Nyamongo is illegal, null, and void ab initio. The Respondents are ordered to pay a fine of Kshs. 250,000/- and are committed to civil jail if they fail to pay the fine within 7 days.
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Mathias Amata Mwalo v Kenya Wildlife Service [2021] KEELRC 1464 (KLR)
✦ Claimant's claim is dismissed as he was dismissed while on probation and the Respondent rightly surmised the rights the Claimant enjoyed were abridged in mandatory terms of the Employment Act.
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Kenneth Ouma Boro & 9 others v Kenya Union of Post-Primary & 10 [2021] KEELRC 1828 (KLR)
✦ The Court found that the elections were not unlawful and that the Petitioners failed to establish a case for setting aside the elections.
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Edwin Gichangi v Kenya Cultural Center [2021] KEELRC 1523 (KLR)
✦ The Court finds that the Claimant had properly handed over and is entitled to accrued salaries and dues up to 31st August 2019. The motion is dismissed with no order as to costs, and the suit is set down for hearing.
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John Njau Mwaura v Kenya Power & Lighting [2021] KEELRC 1571 (KLR)
✦ Petitioner's petition is dismissed with costs
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Jonathan Njuguna Kimani & another v Safaricom Kenya PLC Limited [2021] KEELRC 1508 (KLR)
✦ The suit is struck out and each party is to bear their own costs
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Kenya Association of Health Workers Administration v Salaries & Remuneration Commission & 3 others; Kenya Health Professionals Society & another (Interested Parties) [2021] KEELRC 1519 (KLR)
✦ The Court dismisses the Petitioner's application for review as none of the grounds for a review under Rule 33(1) are satisfied.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Nairobi Hospital [2021] KEELRC 1562 (KLR)
✦ The application is dismissed but each party to bear their own costs. The parties are referred to the Labour Commissioner for conciliation on the restructuring.
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Charles Kipkemoi Chebii v National Hospital Insurance Fund Management Board [2021] KEELRC 1536 (KLR)
✦ The judgment entered on 20th January 2021 is set aside
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Joseph Kinuthia Miguongo v Kenya Kazi Services Limited [2021] KEELRC 1560 (KLR)
✦ The Claimant is entitled to one month's salary in lieu of notice, 12 months' compensation for unlawful dismissal, and costs and interest.
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Enock Angoya Ombeva v Kenya Medical Training College [2021] KEELRC 1477 (KLR)
✦ The court dismisses the suit as res judicata and abuse of court process
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Kenya Union of Commercial Food & Allied Workers v Eldama Ravine Water & Sewages Company Limited & 2 others [2021] KEELRC 1775 (KLR)
✦ The court finds for the claimant and orders the 1st respondent to pay the claimant Kshs. 16,237,798.25 for unpaid salaries and Kshs. 54,315 for union dues, and to remit all deducted dues to the respective institutions within the provisions of the Employment Act.
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Joseph Maina Kamau & another v Chania Travellers Sacco [2021] KEELRC 1531 (KLR)
✦ The court orders 14 years service pay for the 1st Claimant and 13 years service pay for the 2nd Claimant, along with a certificate of service, costs, and interest.
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Kenya Petrolium Oil Workers Union & 8 others v Registrar of Trade Unions; Kenya Petrolium Oil Workers Union (Interested Party) [2021] KEELRC 1444 (KLR)
✦ The court dismissed the application to join the other parties as interested parties and ordered the main suit to proceed on the merits.
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Pius Wanjala v Permanent Secretary, Ministry of Medical Services & 4 others [2021] KEELRC 1468 (KLR)
✦ The court dismissed the suit for want of prosecution as the petitioner failed to take any action to prosecute his petition for over a year.
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Alfred Yaa Mangi & another v Nail Somji Das Gupta & another [2021] KEELRC 1864 (KLR)
✦ The termination was unfair and unlawful, and the claimants are entitled to compensation and a certificate of service.
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Laureen M Nzau v Kenya Revenue Authority [2021] KEELRC 1475 (KLR)
✦ Termination was fair and lawful, and damages are not due
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Enos Ireri v David Tours & another [2021] KEELRC 1851 (KLR)
✦ Claimant's termination was unfair and sudden, and he is awarded 6 months' salary for the unfair and sudden termination.
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Esther Auma Ongola v And Beyond (K) Limited [2021] KEELRC 1835 (KLR)
✦ The Claimant was not an employee but an independent contractor, thus the termination was not unfair and the prayers for declaration and payment are denied.
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Kenya Shipping, Clearing, Freight Logistics and Warehouses Workers’ Union v Kamili Packers Limited [2021] KEELRC 1844 (KLR)
✦ The court dismissed the application, finding that the judgment was not irregular and that the decree was fair and just.
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Michael Odhiambo Opiyo v Bidco Africa Limited [2021] KEELRC 1832 (KLR)
✦ The court finds that the Claimant was not promoted to the position of Plant (Lead) Engineer and that the termination was fair and lawful.
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Agnes Waruguru Gaita & another v RSM Eastern Africa LLP & another [2021] KEELRC 1846 (KLR)
✦ The court finds that the court has jurisdiction to hear the case and that the arbitration clause in the employment contract is valid.
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Banking Insurance and Finance Union (K) v Mua Insurance (Kenya) Limited [2021] KEELRC 1848 (KLR)
✦ There is a valid CBA between the parties, and the Respondent has discriminated against union members by not paying bonuses.