Kenyan case law

Washington Omolo Owino v Rift Valley Railways (K) Ltd [2016] KEELRC 1211 (KLR)

✦ The court finds and holds that the suits were filed within the statutory limitation period and are properly before the court.

Susan Wariara Kariuki v Diakonie Katastrophenhilfe [2016] KEELRC 1536 (KLR)

✦ The letter dated 29th May 2013 is expunged from the record

Wilfred Olooko Muroka v Nzoia Sugar Company Limited [2016] KEELRC 361 (KLR)

✦ The court grants the applicant leave to file his appeal out of time

Francis Okello Ndege v Alexander Ochwo Alela [2016] KEELRC 1834 (KLR)

Kenya Union of Commercial, Food and Allied Workers v Pat Auto Spares Ltd [2016] KEELRC 444 (KLR)

✦ The Court grants the recognition of the union and orders the Respondent to sign a Recognition Agreement within 30 days, negotiate and register a CBA within 60 days, and pay trade union dues.

Zachary Kibitok Kemboi v Eagle Motor Cycle Limited [2016] KEELRC 1697 (KLR)

✦ The claimant was found to be an employee of the respondent, and the termination was found to be wrongful, unfair, and unlawful.

Zackaria Kiarie Gathengera v East African Mission Orphanage [2016] KEELRC 1686 (KLR)

✦ The dismissal of the Claimant was fair, but he is entitled to certain dues accruing from the employment relationship as agreed before the Labour Officer.

Nathan Ogada Atiagaga v David Engineering Limited [2016] KEELRC 1249 (KLR)

✦ The application is dismissed.

William Onyango Rubia v Makini Security Services [2016] KEELRC 882 (KLR)

✦ The Court finds no evidence of unlawful termination and dismisses the claims for compensation for unlawful termination and one month's salary in lieu of notice.

Transport Workers Union v Automobile Association of Kenya & another [2016] KEELRC 41 (KLR)

✦ The Court ordered a stay of all agreements, restrained the Respondent from entering into new CBAs, ordered remittance of dues, and restrained the Respondent from unfairly terminating union members

John Njenga Maina v Humphrey Kinyua Rukeria [2016] KEELRC 657 (KLR)

Savachi M Amos v Seifee Bakeries [1968] Limited [2016] KEELRC 514 (KLR)

✦ Claimant's termination was instigated by him, and he is not entitled to compensation for unfair termination. The Respondent shortened the notice period by 24 days, and the Claimant is granted notice pay for the remainder of the notice period at Kshs. 12,792.

Everline Khamete v Ndupawa Prestige Company Ltd [2016] KEELRC 1470 (KLR)

✦ The Court finds that the dismissal was not unfair and dismisses the cause of action for unfair termination.

Joseph Kipchirchir Keter v Nandi Tea Estates Limited [2016] KEELRC 1363 (KLR)

✦ The claimant was retired on medical grounds and is entitled to one month salary in lieu of notice, compensation for unpaid terminal dues and gratuity, leave allowance for the year 2011, and costs and interest.

John Mwangi v Nuplan Engineering & Design Ltd [2016] KEELRC 1657 (KLR)

✦ The application is dismissed with costs as the respondent was served with the summons and no reason was given for not entering appearance.

Joyce Wanja Mwangi v Nairobi City County Government & 2 others [2016] KEELRC 920 (KLR)

✦ The court found the motion to be valid and ordered the respondents to be committed to civil jail for 6 months if they fail to show cause.

Hassan Andale v National Bank of Kenya [2016] KEELRC 857 (KLR)

✦ The Court directs that Civil Suit No 4408 of 2011 be transferred from the Chief Magistrate’s Court at Milimani to the Employment and Labour Relations Court for hearing and disposal.

John Kinyanjui Gateru v Family Bank Ltd [2016] KEELRC 47 (KLR)

✦ The court finds the dismissal unlawful due to procedural lapses and the lack of procedural fairness.

Stephen Kamau Kinuthia v Romageco Kenya Ltd [2016] KEELRC 1296 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 3 years.

Jeconia Otieno Asere v Coastal Image Technoligies Ltd [2016] KEELRC 804 (KLR)

✦ The claimant was wrongfully terminated without notice, and the court awards 7 days salary in lieu of notice and 7 days leave on pro-rata basis.

Hellen Kasuvo Asava v James Finlay Kenya [2016] KEELRC 309 (KLR)

✦ The termination of the employment was lawful and the claimant is not entitled to the relief sought.

Henry Nyakoe Obuba v National Police Service Commission & 3 others [2016] KEELRC 1208 (KLR)

✦ The court declares that the respondents' actions were in breach of the petitioner's constitutional rights and orders reinstatement with compensation.

Jophinus Musundi & 6 others v Kenya National Union Of Nurses & another [2016] KEELRC 115 (KLR)

✦ The application is dismissed as it lacks substantive prayers for review and the court lacks jurisdiction to award damages based on alleged negligent conduct by Barclays bank.

Jeremia Oketi Eshitera v Mutamaiyu Company Ltd [2016] KEELRC 376 (KLR)

✦ The court dismissed the claimant's case, finding no employment relationship and no grounds for wrongful termination.

Joe Joshua D’Silva v Mombasa Air Safaris Limited [2016] KEELRC 974 (KLR)

✦ The Court finds that the Claimant was not unfairly terminated and dismisses the counterclaim, awarding him kshs. 2,375,000 plus costs and interest.