Kenyan case law
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Kibogy v Kerio Valley Development Authority (Appeal E023 of 2021) [2023] KEELRC 2173 (KLR) (21 September 2023) (Judgment)
✦ The court upheld the trial court's decision regarding the appellant's entitlement to the reliefs sought in the Statement of Claim.
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Solvit Security Solutions Limited v Masase (Appeal E089 of 2022) [2023] KEELRC 2300 (KLR) (21 September 2023) (Judgment)
✦ The court found the termination of employment to be unfair and awarded all the claims made by the respondent.
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Baya & another v Antoneta (Appeal E009 of 2022) [2023] KEELRC 2280 (KLR) (21 September 2023) (Judgment)
✦ The termination of employment was not unfair, and severance pay is not due.
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Kenya Union of Domestic Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA) v NSLH Mombasa Beach Hotel (Cause E028 of 2023) [2023] KEELRC 2262 (KLR) (21 September 2023) (Judgment)
✦ The dismissal was found justifiable and the claim is dismissed
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Kenya Union of Commercial Food and Allied Work v Mitra Enterprises Limited & another (Cause 62 of 2020) [2023] KEELRC 2122 (KLR) (21 September 2023) (Ruling)
✦ The Respondent's motion is dismissed with costs to the Claimant.
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Okechi & 4 others v Seeds of Peace Africa International [SOPA] & another (Cause E592 of 2021) [2023] KEELRC 2248 (KLR) (21 September 2023) (Ruling)
✦ The court finds that the orders sought in limb 4 and 6 cannot be granted at this point of the proceedings and that the applicants have not made a case for finding the respondents in contempt.
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Nyangala v Vihiga County Government (Cause 6 of 2023) [2023] KEELRC 2193 (KLR) (21 September 2023) (Judgment)
✦ The court found that the claimant was not appointed by the Governor, Vihiga County and there was no employer-employee relationship between the claimant and the respondent. The court also found that the court has jurisdiction to entertain the suit and the claimant is entitled to the reliefs sought.
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Madegwa v Super Bargains & Hardware Limited (Cause 219 of 2017) [2023] KEELRC 2178 (KLR) (21 September 2023) (Judgment)
✦ The court declares the Claimant was an employee on a month-to-month contract, absconded, and deserted duty, but the Respondent failed to follow due process. The Claimant is awarded compensation for termination without due process, salary arrears, and costs.
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Devki Steel Mills Limited v Oduori (Employment and Labour Relations Appeal 10 of 2021) [2023] KEELRC 2169 (KLR) (21 September 2023) (Judgment)
✦ The appeal is allowed, and the judgment of the trial court on quantum is set aside. The Appellant is ordered to reassess damages as it deems fit.
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Kenya Chemicals Workers Union v Roto Moulders Limited (Cause 408 of 2020) [2023] KEELRC 2154 (KLR) (21 September 2023) (Ruling)
✦ The second application is dismissed, and the interim orders are discharged.
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Mwabili v Samruddha Resources (K) Limited (Cause E031 of 2023) [2023] KEELRC 2274 (KLR) (21 September 2023) (Ruling)
✦ The court denied the claimant's application for an injunction and security order.
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Kiamba v Amazon Motors Limited (Cause 1069 of 2018) [2023] KEELRC 2322 (KLR) (21 September 2023) (Ruling)
✦ The application to substitute the deceased claimant is dismissed as it was made more than one year after the claimant's death, and the suit has abated.
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Wanyama v H Young & Co (East Africa) Limited & another (Miscellaneous Cause E121 of 2022) [2023] KEELRC 2183 (KLR) (21 September 2023) (Ruling)
✦ The application succeeds in terms of prayers 1 and 2, and the court orders the 1st and 2nd Respondents to jointly and severally pay the applicant Ksh.1,229,011.20 in compensation.
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Kenya Ports Authority v Wandera (Suing as the Administrattix of the Estate of Alois Wandera Odhiambo - Deceased) (Appeal 8 of 2016) [2023] KEELRC 2263 (KLR) (21 September 2023) (Judgment)
✦ The appeal is dismissed. The respondent has also not been cooperative in these proceedings. Each party to bear own costs.
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Gachiri v Thika Water & Sewerage Co. Limited; Kenya Union of Commercial Food & Allied Workers (Interested Party) (Cause E174 of 2023) [2023] KEELRC 2147 (KLR) (21 September 2023) (Ruling)
✦ The Court orders the transfer of the case to Thika Chief Magistrates Court
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Sibota v Audit & Corporate Governance Centre Ltd (Cause 2128 of 2017) [2023] KEELRC 2106 (KLR) (20 September 2023) (Judgment)
✦ The court finds that the Claimant was an employee of the Respondent from August 4, 2014, to February 4, 2015, and that the termination was lawful.
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Simba Corporation t/a Acacia Premier Hotel v Oswago (Appeal E045 of 2022) [2023] KEELRC 2103 (KLR) (20 September 2023) (Judgment)
✦ The termination of the Respondent's employment was found to be fair
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Mulu v Dodla Dairy (K) Limited (Cause 729 of 2018) [2023] KEELRC 2140 (KLR) (20 September 2023) (Judgment)
✦ The dismissal was ipso facto unfair and unlawful due to lack of a fair hearing. The Claimant is entitled to unpaid salary, notice pay, damages for unlawful dismissal, and costs.
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Rapemo & another v Maseno University (Cause 205 of 2018) [2023] KEELRC 2114 (KLR) (20 September 2023) (Judgment)
✦ The Court finds no merit in the cause and dismisses it.
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Universities Academic Staff Union (UASU) v University of Nairobi; Cabinet Secretary, Ministry of Education & 3 others (Interested Parties) (Petition E069 of 2020) [2023] KEELRC 2187 (KLR) (20 September 2023) (Ruling)
✦ The application to suppress the documents is dismissed with costs to the Petitioner
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Molonket v East African Portland Cement Company (Cause 198 of 2019) [2023] KEELRC 2137 (KLR) (20 September 2023) (Judgment)
✦ The Court finds the termination unlawful and orders the Respondent to pay the Claimant accrued leave, damages for discrimination, and compensation for unfair termination.
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Muriu v G4S Security Services Kenya Limited (Miscellaneous Application 16 of 2020) [2023] KEELRC 2126 (KLR) (20 September 2023) (Ruling)
✦ The motion is res-judicata and the court has no jurisdiction to determine the issue of review for a second time.
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Esilaba v Termiterion TCS Limited (Cause 2157 of 2017) [2023] KEELRC 2109 (KLR) (20 September 2023) (Ruling)
✦ The court dismissed the Respondent's Notice of Motion as it was not within the scope of Order 50 Rule 6 of the Civil Procedure Rules, 2010 and the court's discretion to extend time was not exercised.
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Mola v National Government Constituencies Development Fund Board (Cause E042 of 2022) [2023] KEELRC 2111 (KLR) (20 September 2023) (Ruling)
✦ The court declines the respondent's motion for review of costs order and orders each party to bear their own costs.
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Kenya Building Construction, Timber and Furniture Industries Employees Union v Thomas & Piron Grands Lacs Ltd (Cause 79 of 2019) [2023] KEELRC 2112 (KLR) (20 September 2023) (Judgment)
✦ The Court dismissed the case as the Union did not demonstrate it had a recognition agreement with the Respondent.