Kenyan case law

Hamoud Mwinyi Mguza v Mombasa Water Supply & Sanitation Co. Ltd [2014] KEELRC 1133 (KLR)

✦ The Court found that the Respondent was not liable for any liabilities arising before its incorporation in 2011 and that the Respondent's decision to extend the Claimant's contract for only 6 months was justified due to his poor performance.

Gilbert Mbugua Kairu v Coffee Research Foundation [2014] KEELRC 410 (KLR)

✦ Claimant awarded Kshs.545,706/= in lieu of leave days not taken, with interest from the date it became due and payable. Other claims dismissed.

Emma Carol Wanjiru v Airworks (K) Limited [2014] KEELRC 575 (KLR)

✦ Allowing the application, costs will be in the cause

Joshua Otieno Obuhatsa v Teachers Service Commission [2014]n eKLR [2014] KEELRC 165 (KLR)

James Gakunju v Doric Industries Limited [2014] KEELRC 1139 (KLR)

✦ The Court finds the Claimant employed unofficially in mid 2001 and officially by letter dated 4th April 2001.

Julius Shikanda Mwakha v G4s Security Services [2014] KEELRC 262 (KLR)

Kenya National Private Security Workers Union v Jojas Usalama Security Limited [2014] KEELRC 1029 (KLR)

Robert Nyangweso Kaibe & another v G4S Limited [2014] KEELRC 1 (KLR)

✦ The dismissal was for a valid reason and was executed in terms of a fair procedure. The claims by the 1st and 2nd Claimants are dismissed with costs.

Kenya Hotels & Allied Workers Union v Pangoni Beach Resort [2014] KEELRC 365 (KLR)

Gilbert Sule Otieno v Seventh Day Adventist Church (East Africa) Ltd (sued on behalf of S.D.A. Church, Kiamunyi East) [2014] KEELRC 39 (KLR)

✦ The Court holds that the relationship between the parties is that of an independent contractor and not an employee, thus the Employment Act does not apply.

Chai Ngala & 7 Others v Smoky Hill Ltd [2014] KEELRC 327 (KLR)

National Union of Water And Sewerage Employees v Abdul Lusinga Agonga & another [2014] KEELRC 590 (KLR)

✦ The application is dismissed as the Claimant has no proprietary interest or locus standi to seek the orders sought and has not shown a real threat of dismissal of its members.

Gilbert M Muchina v Scarce Commodities Limited [2014] KEELRC 1433 (KLR)

✦ The Court finds the termination of the Claimants' services unfair and awards them compensation and pay in lieu of notice.

Transport And Allied Workers Union [Tawu] v Excel Petroleum Agencies [2014] KEELRC 705 (KLR)

✦ The Court upholds the findings and decision in the first hearing, and orders the Respondent to pay the Claimant Kshs. 160,864 as detailed in the first Award and release the Claimant's certificate of service.

Florence Ndinda Muthoka v East African Growers Limited [2014] KEELRC 733 (KLR)

✦ The termination was unfair, and the Claimant is entitled to compensation and terminal benefits.

Thomas Joseph Onyango v Attorney General & another [2014] KEELRC 1481 (KLR)

✦ The Court strikes out the instant Motion and Memorandum of Claim with costs to the Respondent.

Kenya Hotels & Allied Workers Union v Office Restaurant Ltd [2014] KEELRC 36 (KLR)

Margaret Ayuma Katungu v Attorney General [2014] KEELRC 741 (KLR)

Leah Wakio Ngami v Optica Limited [2014] KEELRC 1112 (KLR)

✦ Application dismissed with costs to the respondent.

Francis Maina Kamau v Lee Construction [2014] KEELRC 788 (KLR)

✦ The Claimant's employment was governed by the Employment Act, 2007. The Claimant's employment was not casual but term, thus he is entitled to compensation for unfair termination.

Kwekwe Mwakela v Krystalline Salt Ltd [2014] KEELRC 28 (KLR)

Kenya Engineering Workers Union v Mabati Rolling Mills Ltd [2014] KEELRC 649 (KLR)

James K. Nyaribo v Permanent Secretary, Ministry of Public Works & Attorney General [2014] KEELRC 1452 (KLR)

✦ The claim is dismissed with no order as to costs.

James K. Nyaribo v Permanent Secretary Ministry of Public Works & another [2014] KEELRC 983 (KLR)

✦ The preliminary objection is upheld and the statement of claim is dismissed with costs.

Miriam Wambui Thiriku v Quresh Ahmed Hussein & Another [2014] KEELRC 17 (KLR)