Kenyan case law

Kenya Electrical Trades & Allied Workers Union (KETAWU) v Kenya Power & Lighting Company Limited [2017] KEELRC 1284 (KLR)

✦ The collective bargaining agreement registered on 27th February, 2017 is invalid due to procedural flaws and is hereby cancelled.

Edwin Beiti Kipchumba v National Bank of Kenya Ltd [2017] KEELRC 1807 (KLR)

✦ The Court finds that the Claimant's resignation was coerced and that he is still in the employment of the Respondent. The Claimant shall continue to earn half of his monthly salary pending the full hearing of the claim.

Raymond Maluki & another v Fatuma Wambui Kamau & 2 others [2017] KEELRC 1814 (KLR)

✦ The claimants' suit is dismissed with no order as to costs.

Peter Sasaka v Trustees of Agricultural Society of Kenya [2017] KEELRC 1837 (KLR)

✦ The claimant's resignation was valid, and he cannot claim compensation for unfair termination of services.

Matata Monyi v Jimcab Services Limited [2017] KEELRC 1817 (KLR)

✦ The court finds the dismissal unfair and awards the claimant one month's salary in lieu of notice, six months' salary for unfair termination, and costs of the suit.

Ngonzi & 11 others v Kapric Apparels (Epz) Ltd (Cause 607 of 2015) [2017] KEELRC 1783 (KLR) (3 February 2017) (Judgment)

✦ Redundancy was a valid and fair reason for terminating the claimant's employment contracts.

Eckla Jesang Kirop v Kenya Ports Authority [2017] KEELRC 1796 (KLR)

✦ Dismissal was fair due to claimant's presentation of a forged KCSE certificate.

Mohamed Nassir Abdalla v Kenya Ports Authority [2017] KEELRC 1792 (KLR)

✦ The dismissal was fair and the claimant's suit is dismissed with no order as to costs.

Jared Nyaberi Ogega v Shiva Carriers Ltd [2017] KEELRC 1809 (KLR)

✦ Premature termination of claimant's contract was unfair, unlawful and unjust.

Peter Mbuthia Gitau v Kenya Revenue Authority [2017] KEELRC 1829 (KLR)

✦ The court denies the orders for salary arrears and contempt but directs the suit to proceed to full trial on merits.

David Mutava Mulwa v African Medical And Research Foundation [2017] KEELRC 1832 (KLR)

Peter Onditi Ogugu v Allpack Industries Limited & another [2017] KEELRC 1831 (KLR)

✦ The Court ordered the production of certain documents as requested by the Claimant.

Kenya National Private Security Workers Union v P G Security Limited [2017] KEELRC 1856 (KLR)

✦ The respondent is directed to release all original National Identification Cards and original Academic/Professional Certificates held by it to the concerned employees forthwith.

Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2017] KEELRC 1885 (KLR)

✦ The application is dismissed with costs to the claimant/respondent

James Omondi Otieno v The Attorney General & 2 others [2017] KEELRC 1773 (KLR)

✦ The claimant's removal from the police service was justified and the procedure followed was proper, fair, and lawful.

Ahmed Isaak Tuja v Claire M. Jethwa [2017] KEELRC 1820 (KLR)

✦ Claimant's termination was unfair due to lack of notice and due process. Claimant was awarded Kshs.236,885/= as terminal dues and costs of the suit.

Bakery Confectionery Food Manufacturing Allied Worker Union (K) v Beta Bakers Co. Limited [2017] KEELRC 1866 (KLR)

✦ The court held that the respondent was obliged to collect and remit union dues and to recognize the union.

Charles Kamande v Teachers Service Commission [2017] KEELRC 1840 (KLR)

✦ The application is dismissed with costs in the cause

Charles Akiba Okeno v Guard Force Security & another [2017] KEELRC 1851 (KLR)

✦ The court dismisses the objection and orders execution to proceed.

Registered Trustees of the Sisters of Mercy (Kenya) v John Muriiti & others [2017] KEELRC 1828 (KLR)

✦ The orders are vacated, and the parties proceed to set the suits down for hearing on merits

David Agongo Kugo v Teachers Service Commission [2017] KEELRC 1400 (KLR)

✦ The court finds the claim time barred and dismisses the claim.

Peter Wambua Nzioka v AsL Limited [2017] KEELRC 1249 (KLR)

✦ The retirement of the Claimant was procedurally fair, and there was no discrimination. The Claimant is not entitled to the reliefs sought.

Kenya County Government Workers Union v Kisumu County Assembly Service & another [2017] KEELRC 1572 (KLR)

✦ The court ordered that each party shall bear its costs, with exception of the costs already awarded to the claimant in respect of the applications which will be paid by the Respondent.

Meshack Oduor Onyango v Ukwala Supermarket [2017] KEELRC 1959 (KLR)

✦ The dismissal was unfair and the Claimant is entitled to the remedies sought.

Philip Otiende Adundo v Kisumu County Assembly Service Board & 5 others [2017] KEELRC 1956 (KLR)

✦ The application is dismissed as an abuse of the court process.