Kenyan case law

Barasa Kundu Nyukuri v Public Service Commission & 2 others; Kibabi University & another (Interested Parties) [2021] KEELRC 1885 (KLR)

✦ Petition dismissed with costs

Eliza Jemutai Cheboi v Board of Management Kamoi Secondary School [2021] KEELRC 1879 (KLR)

✦ The termination of employment was unlawful and unfair, and both claimants are entitled to compensation.

Irene Akoth v Tobias See & 8 others [2021] KEELRC 1884 (KLR)

✦ The Court finds the termination of employment unlawful and unfair, and awards the claimant Kshs.600,000 in compensation for unlawful and unfair termination, Kshs.450,000 in severance pay, and interest and costs.

Maurice Otieno Ngicho & 2 others v Brinks Security Services Limited [2021] KEELRC 1456 (KLR)

✦ The termination was justified as the claimants failed to respond to the show cause notice, refused to attend work overtime, and did not return to work after notice of termination.

Anastasia Ndileve Masoa v DM Enterprises Limited [2021] KEELRC 1406 (KLR)

✦ The application is dismissed with costs to the claimant.

Peter Kingangi Njeru v University of Nairobi [2021] KEELRC 1436 (KLR)

✦ The post-retirement contract was terminated unfairly, and the claimant is entitled to payment of salary for 6 months and other benefits.

Barasa Kundu Nyukuri v County Assembly Service Board & 7 others [2021] KEELRC 1857 (KLR)

✦ The temporary injunction granted on 17 April 2019 stands vacated by operation of the law.

Calvince Odoyo v Homa Bay County Assembly Service Board & 2 others [2021] KEELRC 1883 (KLR)

✦ The re-advertisement for the position of Clerk of the County Assembly was illegal, null and void for including qualifications not contemplated by the County Governments Act.

Kenya National Union of Nurses [KNUN] v Director of Public Prosecutions & 3 others; Seth Ambusini Panyako & 10 others (Interested Parties) [2021] KEELRC 1895 (KLR)

✦ The E&LRC lacks jurisdiction to entertain the petition and grant the orders sought.

Alice Njambi Mutura v Principal Secretary, Ministry of Health & another [2021] KEELRC 1893 (KLR)

✦ The Petition is not time-barred as the letter of dismissal was received by the Petitioner in December 2017, and the cause of action was alive and well on any suggested filing date.

Joseph Mumali Wanga v Blessed TC World Class Spares Limited [2021] KEELRC 1898 (KLR)

✦ The taxation decision is set aside, and the costs will be taxed afresh under the correct Schedule 7 of the Advocates Remuneration Order

Dominic Mutisya Sammy v Tahir Sheikh Said Transporters [2021] KEELRC 1875 (KLR)

✦ The Court finds the termination unfair and awards the claimant a sum of Kshs. 876, 666.00 (less PAYE) and costs of the suit.

Kenya Airline Pilots Association v Kenya Airways PLC [2021] KEELRC 1889 (KLR)

✦ The application is declined, and the disciplinary process is stayed pending the outcome of the conciliation process

Khalsa Schools & another v Catherine Mutave Philip [2021] KEELRC 1890 (KLR)

✦ The Court granted the application for stay of execution pending appeal and ordered the Applicants to deposit the decretal sum in a joint interest earning account or provide a Bank Guarantee.

Patricia S. Mumo v Isis Africa Limited [2021] KEELRC 1899 (KLR)

✦ The court declined the application for review and ordered costs to the claimant.

Banking Insurance and Finance Union v Kenya Bankers Association (Cause 409 of 2020) [2021] KEELRC 1901 (KLR) (9 April 2021) (Judgment)

Kenya Union of Commercial Food and Allied Workers Union v London Distillers (K) Limited; Central Organisation of Trade Unions Kenya (Interested Party) [2021] KEELRC 1900 (KLR)

✦ The court declared that the instant suit is not a duplication of issues and ordered a stay of further proceedings pending the hearing and determination of Nairobi Constitutional Petition No. 326 of 2019.

Philip Mutinda v Lady Lori (Kenya) Limited [2021] KEELRC 1896 (KLR)

✦ The application is dismissed with costs.

Republic v Cabinet Secretary, Ministry of Agriculture, Livestock, Fisheries and Cooperatives & 6 others Ex Parte Union of Veterinary Practitioners of Kenya [2021] KEELRC 1888 (KLR)

✦ The application fails and is dismissed.

Republic v Communications Authority of Kenya; Information Communication Technology Association of Kenya (ICTAK) (Ex parte) (Judicial Review Application 21 of 2020) [2021] KEELRC 7 (KLR) (9 April 2021) (Judgment)

✦ The impugned advertisement was ultra vires, arbitrary, unlawful, unreasonable, and procedurally unfair. The respondent is ordered to pay the applicant's costs.

Linet Lugusu Matika v Sas Security Company Limited [2021] KEELRC 1887 (KLR)

✦ The Court rejects the Respondent's Application for Review of Judgment and orders costs to be awarded to the Claimant

Nelson Omila Saunya v Ideal Security Ltd [2021] KEELRC 1897 (KLR)

✦ Termination was unfair, and the Respondent is ordered to pay underpayment of salary, notice pay, annual leave pay, service pay, and compensation for unfair termination.

Simon Ndicu v Karatina University [2021] KEELRC 1863 (KLR)

✦ The court found the change of the policy to be unfair and unlawful.

Benjamin Biko Mongatte v Rubycut Enterprises Limited also trading as Rubycut Gardens [2021] KEELRC 1872 (KLR)

✦ The Court is satisfied that the Claimant has proved on a balance of probability that he was constructively dismissed by the Respondent.

David Obare v Kenyatta University [2021] KEELRC 1858 (KLR)

✦ The court found the dismissal was not grounded on a valid reason and the procedure followed was not fair.