Kenyan case law
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John Miumu & 18 others v Jomo Kenyatta University of Agriculture & Technology [2015] KEELRC 968 (KLR)
✦ Application for leave to file an appeal out of time is dismissed with costs
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Urbanus Kiio Mbuva v Portnet Engineering Services T/A Gee & Pikii Limited [2015] KEELRC 1336 (KLR)
✦ The Court ordered an award in terms of the proposed settlement.
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John Kamwere Mwangi v Registered Trustees of Nairobi Gymkhana Sports Club [2015] KEELRC 746 (KLR)
✦ The court finds the Claimant was unfairly terminated and orders the Respondent to pay 5 months salary in lieu, gratuity, long service award, and 6 months salary as compensation for unlawful termination.
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John Irungu Mungai v Mugoiri Five Farmers Co-operative Union [2015] KEELRC 253 (KLR)
✦ Judgment is entered for the claimant for payment of Kshs. 664,290.50 and all due installments, with interest from 05.05.2015.
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Fred Jona Ochanda v Kisumu Polytechnic Board of Governors [2015] KEELRC 1248 (KLR)
✦ Claimant was entitled to half salary while on suspension and the arrears should be paid within 30 days from the date of the judgment.
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John Mbagila Ombisa v Rafiki Millers Limited [2015] KEELRC 1250 (KLR)
✦ The Claimant’s case lacks merit and is dismissed.
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Gibson Maweu v Hotel Ambassadeur Nairobi [2015] KEELRC 265 (KLR)
✦ The court found that the termination was wrongful and that the Respondent failed to pay the Claimant's terminal dues.
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Silas Kaumbuthu Mbutura v Meru Central Dairy Co-operative Union Limited [2015] KEELRC 645 (KLR)
✦ The claimant is entitled to reinstatement and compensation for unfair labour practice.
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Union Of National Research & Allied Institutes Staff Of Kenya (Unrisk) v Kenya Industrial Research & Development Institute (Kirdi) [2015] KEELRC 859 (KLR)
✦ The court found that the 52 grievants were not temporary employees and were entitled to union membership and benefits under the collective bargaining agreement.
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Jackson Obale Tebakor v Alliance One (K) Tobacco Ltd [2015] KEELRC 344 (KLR)
✦ Application dismissed with costs, hearing date fixed
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Kenya Medical Research Institute v Attorney General & 37 others [2015] KEELRC 1620 (KLR)
✦ The Court of Appeal struck out the appeal as incompetent due to lack of jurisdiction
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Kenya Union of Commercial, Food and Allied Workers v New Murarandia Farmers Co-operative Society Limited [2015] KEELRC 417 (KLR)
✦ The court finds that the two collective agreements were concluded by the respondent and properly so, and the claimant is entitled to enforcement of the agreements.
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Evans Wafula Makokha v Uasin Gishu County Public Service Board [2015] KEELRC 351 (KLR)
✦ Motion dismissed with costs to Respondent
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Joseph Maina Gichuhi v Barclays Bank (K) Ltd [2015] KEELRC 861 (KLR)
✦ The court found that the termination was not valid and that the Claimant was not discriminated against. The court ordered a review of the disciplinary proceedings and allowed the Claimant to appeal the termination.
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Kenya Union of Printing, Publishing, Paper Manufacturers, Pulp and Packaging Industries v Africa Polysack Limited [2015] KEELRC 174 (KLR)
✦ The Court declines to grant the orders sought in the application dated 28 May 2015 and directs that the claim proceeds to trial on merit.
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Gitau Harrison Joshua v Teachers Service Commission & another [2015] KEELRC 817 (KLR)
✦ Deployment of the Claimant as Assistant Teacher was unlawful, null and void.
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Jagongo Dominique Ochieng v Teachers Service Commission [2015] KEELRC 1009 (KLR)
✦ The Court grants the applicant leave to file the substantive motion within 21 days of this ruling but declines to order that such leave do operate as a stay.
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Ezekiel Kiprop & 8 others v University Of Eldoret [2015] KEELRC 309 (KLR)
✦ The Petition should be mentioned on 27 November 2015 for the Petitioners to inform the Court of the utility of the Petition remaining in the Court's docket/further directions.
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Sebastian Gwanda Ogot & 51 others v Kenya Power & Lighting Company Limited [2015] KEELRC 607 (KLR)
✦ The court dismissed the suit, finding that the employees were casual workers and the termination was due to the Respondent's mechanization and the contracting of new transmission lines.
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Havelock Lihanda v Uasin Gishu County Service Board [2015] KEELRC 1218 (KLR)
✦ Claimant reinstated to his duties and/or place of work without loss of benefits
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Hellen Wambui v Kenol-Kobil Ltd [2015] KEELRC 1602 (KLR)
✦ The Court found that the termination was not based on a valid reason and was not conducted in a fair manner.
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Jackson K. Berege v Maasai Mara University [2015] KEELRC 1520 (KLR)
✦ The Court orders the notice of retirement to be stayed and the applicant to be retained in his employment position with all benefits and enjoyment of the terms of service.
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Fredrick Kanyango Mbatia v Intex Construction Limited [2015] KEELRC 1375 (KLR)
✦ The court finds the termination unfair and orders the respondent to pay the claimant a sum of Kshs.3,642,100.00 in compensation for unfair dismissal and other claims.
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Salima Hassan Kombo v Hotel Sapphire Limited [2015] KEELRC 1350 (KLR)
✦ The court declares the respondent's treatment of the claimant as unfair labor practice and violates Article 41 of the Constitution of Kenya. The respondent is ordered to pay the claimant annual leave pay, service pay, and 16 days' salary and house allowance.
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George M. Muchai, Ebs, Mp v Francis Atwoli Secretary General (Cotu) & 17 others [2015] KEELRC 1490 (KLR)
✦ The court dismisses the petition's request for a five-judge bench and certifies the petition as raising a substantial question of law.