Kenyan case law

Simon Ndungu Kabau v Hillock Country Club [2014] KEELRC 934 (KLR)

✦ The termination of the claimant’s employment by the Respondent is hereby declared unfair. The Claimant is awarded the sum of Kshs.190,850.00.

Hezekiel Oira v Kenya Broadcasting Corporation & another [2014] KEELRC 802 (KLR)

✦ The application for review is dismissed as it falls within the province of an appeal and not review. The Claimant is directed to comply with the issuance of a certificate of service.

Transport Workers Union v Rift Petroleum Limited [2014] KEELRC 855 (KLR)

✦ Judgment is entered for the claimant against the respondent for: 1. The respondent to implement the Regulation of Wages (General) (Amendment) Order, 2012 employment for the period 1.05.2012 to 30.04.2013 being a period of 12 months. 2. The respondent to pay the claimant’s members in the respondent’s employment at the material period the dues in order 1 above by 1.05.2014, in default, interest at court rates to be payable from the date of the suit (28.11.2013) till the date of full payment. 3. The respondent to pay costs of the suit.

Kenya Union of Commercial Food and Allied Workers v Mwingi Mwalimu Co-operative Sacco [2014] KEELRC 183 (KLR)

Hudson Mudeheri v Garden Estate Academy [2014] KEELRC 606 (KLR)

✦ The Claimant's claim has no merit and is dismissed with no order on the costs.

Stephen Musyoka Muia v Munyiri 64 Traders Limited T/A Munyiri Fish & Chips [2014] KEELRC 829 (KLR)

✦ The termination of the Claimant's employment was unfair, and he is awarded 3 months' salary in compensation and 1 month's salary in lieu of notice.

Stephen Mutwiwa Masika & 3 Others v Titus W. Khaemba & 2 Others [2014] KEELRC 334 (KLR)

✦ The court dismissed the respondents' preliminary objection, finding that the claimants had jurisdiction and capacity to act on behalf of the union, and that the suspension was not legally valid.

Transport And Allied Workers Union v Kenya Bus Service Limited & another [2014] KEELRC 681 (KLR)

✦ The objection is not merited and is dismissed. The Claimant is granted the liberty to proceed with execution.

Flora Nasimiyu Twale v Mahboob Faraj [2014] KEELRC 1482 (KLR)

✦ The claimant's claim is dismissed as her evidence does not prove her earnings and she was not an employee of the respondent.

Justus Aloo Ogeka & 6 others (As Interim Officials of Kenya National Union of Cooperative Aff) v Registrar of Trade Unions [2014] KEELRC 770 (KLR)

✦ The Court granted the stay of registration proceedings on account of the Union of Savings and Credit Cooperative Societies Workers pending determination of the Appellants' appeal.

Gideon Mvurya Dallu v Kenya Commercial Bank Limited [2014] KEELRC 739 (KLR)

John Kiboro Njuguna v Uk Board of Trustees and the Kenya Council of Reference of Vision Africa (Kenya) [2014] KEELRC 292 (KLR)

✦ The Court found the termination of the Claimant's employment to be unlawful and unfair.

Macmillan Madato & 5 others v Zhao Jian & another [2014] KEELRC 206 (KLR)

✦ The application is dismissed with costs as the Court is not persuaded by the material before it that the order is merited.

John Irungu Mwangi v Irembu Farmers Co-Operative Society Limited [2014] KEELRC 38 (KLR)

✦ The claimant is entitled to the Kshs. 564,794 as prayed for, and the respondent's set off claim is dismissed.

Kudheiha Workers v Masaku School for the Physically Disabled [2014] KEELRC 659 (KLR)

Geofrey Mbolu Mwololo v Northwood Security Firm [2014] KEELRC 1104 (KLR)

✦ The Court finds that the Respondent underpaid the Claimant and orders the Respondent to pay the Claimant a total of Kshs 91,767/- for underpayments, house allowance, service pay, and uniform refunds.

Kenya Dock Workers Union v Kenya Ports Authority [2014] KEELRC 648 (KLR)

Stephen Ongoya v Nairobi Academy (H) Limited [2014] KEELRC 907 (KLR)

✦ The termination was unfair as the employer did not provide the claimant with a hearing and an opportunity to make representations before the decision to terminate his services was made.

Michael Munyi v Hotel Intercontinental Nairobi [2014] KEELRC 9 (KLR)

✦ The dismissal was unfair and the Court awards the Claimant maximum compensation of 12 months gross salary, one month salary in lieu of notice, and overtime pay.

Universities Academic Staff Union v Maseno Universtity [2014] KEELRC 790 (KLR)

✦ The court grants a stay of execution pending the appeal, but with a condition that the decretal sum less the contented part on terminal benefits be deposited in an interest-earning account held in the joint names of the counsel for the parties within 60 days.

Morris Kavale Kasyoki v Narcol Aluminum Rolling Mills Limited [2014] KEELRC 505 (KLR)

National Union of Water and Sewerage Employees v Nairobi City Water and Sewerage Company Limited [2014] KEELRC 184 (KLR)

John Mwangi Mureithi v Goitom Zere [2014] KEELRC 674 (KLR)

✦ The Award is set aside, and the Respondent is granted leave to file and serve a Statement of Response.

Jackline Wakesho v Aroma Café [2014] KEELRC 644 (KLR)

Hudson Habwe Munai & another v Redington Kenya Limited & another [2014] KEELRC 3 (KLR)

✦ The court finds the termination unlawful and awards compensation and benefits to the employees.