Kenyan case law
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Mwakuja v Tamarind Management Limited (Cause 1565 of 2016) [2023] KEELRC 2053 (KLR) (25 August 2023) (Judgment)
✦ The Court found the dismissal to be unfair and unjustified, and ordered compensation for the Claimant.
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Amunya v Tamarind Management Limited (Cause 1564 of 2016) [2023] KEELRC 2080 (KLR) (25 August 2023) (Judgment)
✦ The termination was valid due to the claimed discrepancies, but the dismissal was procedurally unfair.
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Kitheka v Tamarind Management Limited (Cause 1566 of 2016) [2023] KEELRC 2054 (KLR) (25 August 2023) (Judgment)
✦ The dismissal was unfair due to a lack of procedural fairness and the Respondent did not provide a valid reason for the dismissal.
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Mwita v Fep Holdings Limited (Employment and Labour Relations Cause 79 of 2020) [2023] KEELRC 2044 (KLR) (24 August 2023) (Judgment)
✦ The Court finds that the respondent had a valid reason to terminate the employment of the claimant on grounds of redundancy and that the respondent satisfied the substantive and procedural requirements set out in the law of the land.
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Guracha v Ethics and Anti-Corruption Commission & another (Cause 1081 of 2018) [2023] KEELRC 2046 (KLR) (24 August 2023) (Judgment)
✦ EACC had valid reasons to dismiss the claimant for absenteeism, and the dismissal followed a fair procedure. The claimant is not entitled to reinstatement, damages, or other reliefs.
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Scrub and Surf Cleaning Services v Alivitsa (Appeal 31 of 2019) [2023] KEELRC 2043 (KLR) (24 August 2023) (Judgment)
✦ The Court sets aside the trial court's award of maximum compensation and substitutes it with the equivalent of four (4) months' salary in compensation in the sum of Kshs 60,000. The trial court's award of house allowance and payment in lieu of notice is set aside.
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Kingdom Bank Limited (Formerly Jamii Bora Bank Limited) v Nyambuka & another (Employment and Labour Relations Cause 272 of 2020) [2023] KEELRC 2045 (KLR) (24 August 2023) (Ruling)
✦ The court set aside the warrant of attachment and proclamation notices, and declared that the decretal sum and legal costs have been fully satisfied.
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Muthoni & 2 others v Ngalawa Kenya Limited (Employment and Labour Relations Cause 164 of 2016) [2023] KEELRC 2077 (KLR) (24 August 2023) (Judgment)
✦ The court finds that the respondent terminated the employment of the claimants without notice and without any valid reason, in violation of the Employment Act.
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Kenya Medical Practioners, Pharmacists and Dentists’ Union v Kenya Hospital Association trading as the Nairobi Hospital; Cabinet Secretary Ministry of Labour & Social Protection (Interested Party) (Employment and Labour Relations Cause E860 of 2022) [2023] KEELRC 2078 (KLR) (24 August 2023) (Judgment)
✦ Claimant union represents a simple majority of unionisable employees and is entitled to recognition under Labour Relations Act, 2007.
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Baraza v Alice Dale Limited (Civil Appeal E132 of 2021) [2023] KEELRC 2042 (KLR) (24 August 2023) (Judgment)
✦ The Court finds that the termination of the appellant's employment was not unlawful and unfair.
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Sana Industries Company Limited v Lolmodooni (Appeal 119 of 2022) [2023] KEELRC 2076 (KLR) (24 August 2023) (Judgment)
✦ The Court dismisses the appeal and upholds the trial court's judgment
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Ouko v Imperial Managed Solutions [EA] Limited (Cause 716 of 2019) [2023] KEELRC 2058 (KLR) (23 August 2023) (Judgment)
✦ Termination was unfair and unlawful
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Mwakoi v Kaylift Services Limited (Cause 787 of 2015) [2023] KEELRC 2071 (KLR) (22 August 2023) (Judgment)
✦ Termination was on valid reason but flawed procedure
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Muli v Acumen Communications Limited (Cause E076 of 2021) [2023] KEELRC 2072 (KLR) (22 August 2023) (Judgment)
✦ Termination was unfair and unlawful, and the Respondent is ordered to pay compensation and severance.
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Harrison & 3 others (Suing as Promoters of the Proposed Kenya Musicians Union) v Registrar of Trade Unions (Civil Appeal E130 of 2022) [2023] KEELRC 2006 (KLR) (22 August 2023) (Judgment)
✦ The Appeal is allowed, and Kenya Musicians Union is registered
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Odiero v Spire Bank Ltd (Employment and Labour Relations Cause 2456 of 2017) [2023] KEELRC 2074 (KLR) (18 August 2023) (Judgment)
✦ The court finds the respondent failed to prove a valid reason for termination and violated procedural rules.
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Araka v Schenker (Kenya) Limited (Cause 232 of 2019) [2023] KEELRC 2036 (KLR) (18 August 2023) (Judgment)
✦ The court held that the Respondent's conduct did not constitute a repudiatory breach of the contract of employment, thus the Claimant's claim for constructive dismissal was dismissed.
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Kisili v Consolidated Bank of Kenya Limited (Employment and Labour Relations Petition E040 of 2023) [2023] KEELRC 2075 (KLR) (18 August 2023) (Judgment)
✦ The Court found that the Respondent did not violate the Petitioner’s constitutional rights and that the Petitioner was not unlawfully dismissed. The Petitioner is not entitled to reinstatement or compensation.
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Omondi v International Committee of the Red Cross (Cause 648 of 2019) [2023] KEELRC 2073 (KLR) (18 August 2023) (Judgment)
✦ The termination was unfair as the Respondent failed to prove the reason for termination was valid and fair.
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Tire World Limited v Jarra (Employment and Labour Relations Appeal E124 of 2021) [2023] KEELRC 2031 (KLR) (18 August 2023) (Judgment)
✦ The learned Magistrate erred in law and fact by failing to hold that the Respondent was dismissed fairly and lawfully
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Republic v Odege (Secretary General, Union of Kenya Civil Servants) & 3 others; Odhiambo (Exparte) (Judicial Review E013 of 2023) [2023] KEELRC 2066 (KLR) (18 August 2023) (Ruling)
✦ The court finds that the applicant has not exhausted the internal disciplinary mechanisms provided under the 4th respondent's constitution and thus the suit offends the doctrine of exhaustion.
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Noor Aluminium and General Hardware Ltd v Katiki (Civil Appeal E119 of 2021) [2023] KEELRC 2037 (KLR) (18 August 2023) (Judgment)
✦ The Appellant's appeal is dismissed. The trial court's decision that the Respondent was unlawfully terminated is upheld.
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Wangui v Teachers Service Commission & 3 others (Judicial Review E004 of 2023) [2023] KEELRC 2029 (KLR) (18 August 2023) (Judgment)
✦ The court found that the petitioner failed to demonstrate his contention of not being accorded a fair hearing as enshrined under article 50(9) of the Constitution. The respondents have given a detailed chronology process of the disciplinary process meted on the petitioner, and the court found that the investigations and subsequent hearings were done in accordance with the Teachers Service Commission Code of Regulations for Teachers, 2015.
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Akumu & another v Independent Electoral & Boundaries Commission (IEBC) (Cause 1709 of 2016) [2023] KEELRC 2065 (KLR) (18 August 2023) (Ruling)
✦ The Court declined the application for stay of execution and vacated the interim order for stay of execution.
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Odero & 226 others v Kenya Kazi Services Limited (Cause E497 of 2020) [2023] KEELRC 1953 (KLR) (16 August 2023) (Judgment)
✦ The court dismissed the claim and ordered the lead claimant to pay costs to the employer.