Kenyan case law
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Chepkwony v Brinks Security Services Limited (Cause 276 of 2017) [2022] KEELRC 1783 (KLR) (22 July 2022) (Judgment)
✦ The claimant was dismissed for sleeping on duty, which the court found to be gross misconduct. The claimant is not entitled to the reliefs sought.
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Masoud v Kenya Revenue Authority (Cause 906 of 2016) [2022] KEELRC 1393 (KLR) (22 July 2022) (Judgment)
✦ The court found that the claimant had established discrimination under section 82(2) of the repealed Constitution of Kenya and had been targeted for rejecting corruption. The claimant was awarded damages of Kshs. 15,000,000.
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Nganga v Kiambu Water & Sewerage Company Limited (Cause 829 of 2016) [2022] KEELRC 1669 (KLR) (22 July 2022) (Ruling)
✦ The Application is not meritorious as the Applicant has not established any ground for review of the Judgment.
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Obonyo v Great Lakes University of Kisumu (Cause 376 of 2017) [2022] KEELRC 1300 (KLR) (21 July 2022) (Judgment)
✦ The Court found that the Claimant was unfairly terminated and ordered compensation for unfair termination, payment of salary arrears, gratuity, and other remedies.
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Kenya Union of Commercial Food & Allied Workers v MMA Engineering Service Limited (Cause 1097 of 2017) [2022] KEELRC 1236 (KLR) (21 July 2022) (Ruling)
✦ The Court confirms the proposals on overtime, medical cover, and redundancy, and rejects the proposals on gratuity, bonus, basic minimum wage, and general wage increase.
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Oyoo v Prideinn Hotels & Investments Limited (Cause 1029 of 2016) [2022] KEELRC 1319 (KLR) (21 July 2022) (Judgment)
✦ The court found the termination of the Claimant's employment to be unfair.
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Omondi v Wahome & 3 others (Petition E84 of 2021) [2022] KEELRC 1677 (KLR) (21 July 2022) (Judgment)
✦ The court found that the Petitioner's Constitutional rights were not violated, and the termination was fair. The Petitioner is not entitled to the reliefs sought.
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Omwolo v Securex Agencies (K) Limited (Cause 2617 of 2016) [2022] KEELRC 1317 (KLR) (21 July 2022) (Judgment)
✦ The court finds that the termination was not for just cause and the claimant is entitled to notice pay and other benefits.
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Wilson v Imarisha Mabati Limited (Appeal E023 of 2021) [2022] KEELRC 1228 (KLR) (21 July 2022) (Ruling)
✦ The court will not grant leave to file the additional evidence as it does not meet the criteria for admission of additional evidence as stipulated in the Supreme Court's guidelines.
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Shivanyilu v Kenya Union of Domestic, Hotels Educational Institutions and Hospital Workers (KUDHEIHA) (Cause 137 of 2016) [2022] KEELRC 1237 (KLR) (21 July 2022) (Judgment)
✦ The termination was found to be procedurally unfair and substantively unfair.
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Njuguna v K-Unity Savings & Credit Co-Operative Society Ltd (Cause E265 of 2018) [2022] KEELRC 1725 (KLR) (21 July 2022) (Ruling)
✦ The application for dismissal of the suit for want of prosecution is granted.
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Kenya Petroleum Oil Workers Union v Desnol Investment Ltd & another; Okoth t/a Aneles Cafe' (Objector) (Cause 280 of 2018) [2022] KEELRC 1227 (KLR) (21 July 2022) (Ruling)
✦ The court finds that the Objector has a legal and equitable interest in the supermarket goods and orders a stay of execution on those goods.
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Kungu v Brookside Dairy Limited (Cause 2597 of 2016) [2022] KEELRC 1724 (KLR) (21 July 2022) (Ruling)
✦ The court dismisses the claimant's suit for want of prosecution due to inordinate delay and lack of interest in the proceedings
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Imbuga v Jomo Kenyatta University of Agriculture and Technology (Cause 95 of 2019) [2022] KEELRC 1233 (KLR) (21 July 2022) (Ruling)
✦ Claimant's application is disallowed
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Onsare v Trans -Nzoia Public Service Board & 2 others (Petition 1 of 2017) [2022] KEELRC 3788 (KLR) (21 July 2022) (Ruling)
✦ The court lacks jurisdiction to determine the petition as the petitioner should have appealed to the Public Service Commission.
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Wamuyu v Twin Brother Service Limited (Cause 243 of 2018) [2022] KEELRC 1241 (KLR) (21 July 2022) (Judgment)
✦ The Court finds for the Claimant and awards her compensation for one month's notice, annual leave dues, underpayment, and unlawful termination.
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Kenya Union of Domestic, Hotels Educational Institutions Hospital and Workers v St. Peters Mumias Boys High School (Cause E006 of 2021) [2022] KEELRC 1711 (KLR) (21 July 2022) (Ruling)
✦ The court is of the considered opinion that the issue to be determined in the ruling is whether the Respondent has capacity to be sued.
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Pavanputra Enterprises v Joseph (Employment and Labour Relations Appeal 18 of 2018) [2022] KEELRC 1705 (KLR) (21 July 2022) (Judgment)
✦ The appeal is denied with each party ordered to meet their own costs
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Kiprono v Unilever Tea Kenya Limited (Cause 23 of 2020) [2022] KEELRC 1301 (KLR) (21 July 2022) (Judgment)
✦ The resignation was not voluntary and the Claimant was constructively dismissed.
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Wathinja & 3 others v County Secretary, County Government of Nyandarua & 2 others (Cause E056 of 2021) [2022] KEELRC 1267 (KLR) (21 July 2022) (Ruling)
✦ The court finds no evidence of harassment or intimidation and denies the prayer for an injunction. The court orders the Respondents to pay the Claimants any salary arrears and to continue paying their monthly salaries.
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Rutto v Hotel Waterbuck Limited & another (Cause 86 of 2018) [2022] KEELRC 1240 (KLR) (21 July 2022) (Ruling)
✦ The execution is stayed for 14 days on condition that the applicants pay auctioneers costs.
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Mang’ati v ABSA Bank Limited (Formerly Barclays Bank of Kenya Limited) (Cause 162 of 2020) [2022] KEELRC 1232 (KLR) (21 July 2022) (Ruling)
✦ The Court finds that the Claimant has failed to demonstrate a prima facie case and does not exercise discretion in his favor.
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Kasili v Academy & another (Cause 600 of 2016) [2022] KEELRC 1312 (KLR) (21 July 2022) (Judgment)
✦ The termination was not justified as the claimant's performance had improved.
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Mayieka & 22 others v Judicial Service Commission (Cause 260 of 2016) [2022] KEELRC 1242 (KLR) (21 July 2022) (Ruling)
✦ The court dismisses the application to set aside the stay orders and directs the issuance of the summons to the Chief Registrar of the Judiciary
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Ombima v Fresh An Juice Limited (Cause 1811 of 2016) [2022] KEELRC 1359 (KLR) (21 July 2022) (Judgment)
✦ The summary dismissal was procedurally and substantively unfair.