Kenyan case law
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Edith Kaaria Njeru v Tuungane Tijijenge Sacco [2019] KEELRC 2018 (KLR)
✦ Dismissal was not proper and the Claimant is entitled to one month's salary as notice, 5 months' salary as compensation, unpaid leave for 3 months, costs of the suit, certificate of service, and interest on the above.
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Francis Ndirangu Wachira v Betty Wairimu Maina [2019] KEELRC 1999 (KLR)
✦ Claimant was a casual employee who had converted to a term contract under Section 37 of the Employment Act. His termination was unfair and unlawful, and he is entitled to one month's salary in lieu of notice, 2 months gross salary as compensation, and costs of the suit.
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Rune Ondego Grahn v Steel Makers Limited [2019] KEELRC 1932 (KLR)
✦ The Claimant's claim is dismissed as he failed to prove continuous employment and did not discharge his burden under Section 47(5) of the Employment Act.
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Lomolo (1962) Limited v Anam Kwangulei [2019] KEELRC 1044 (KLR)
✦ The court found the respondent was injured while at work on January 25, 2013, and the employer was liable for the injuries.
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Methusellah Oyaro Sereti v Kenya Seed Company Limited [2019] KEELRC 1808 (KLR)
✦ The court finds that the suit was filed within three years from the date the cause of action arose, and therefore lacks merit.
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Samuel Nyasimi v Merica Hotel [2019] KEELRC 1070 (KLR)
✦ The claimant's absence from work without a justifiable cause justified the summary dismissal. Compensation and notice pay are not due in a case of justified summary dismissal.
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Joel Ndana Mitanga v Tropic Trade Market Limited [2019] KEELRC 1995 (KLR)
✦ The dismissal was substantively and procedurally unfair, and the Claimant is entitled to compensation.
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Mohamed Kafafa Abduba v Colour Crops Limited [2019] KEELRC 1080 (KLR)
✦ The application for review is dismissed with costs, and the stay of execution is vacated.
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Kenya Universities Staff Union v Masinde Muliro University of Science and Technology [2019] KEELRC 1842 (KLR)
✦ The court finds that the respondent violated Section 56(1) and (2) of the Labour Relations Act and Article 41(4) of the Constitution by denying access to the union officials.
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Republic v County Executive Committee, Finance Kakamega County Govenrment & 2 others [2019] KEELRC 1971 (KLR)
✦ The application is dismissed as the respondents have discharged their obligations to the applicant
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Rahab Nyambura Mwangi v Njoro Canning Factory (K) Ltd [2019] KEELRC 1068 (KLR)
✦ The court found that the appellant had not proved her case and dismissed the suit with costs to the respondent.
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Andrew Oluoch Riako v County Government of Homa-Bay & 2 others [2019] KEELRC 1922 (KLR)
✦ Judgment is entered in favor of the claimant for Kshs. 654,646, including interest and costs.
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Joseph Wambulwo v Majani Mingi Estate [2019] KEELRC 1086 (KLR)
✦ The court finds that the respondent did not use the correct number of years of service in calculating the severance pay and ordered the payment of the full severance pay and outstanding leave days.
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Caroline Kirema Kananu v Karibuni Rafiki Beach Resort [2019] KEELRC 1986 (KLR)
✦ The Court finds that the Respondent terminated the Claimant's employment without justifiable cause and in violation of due procedure, and awards compensation of Kshs. 233,500.
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Joseph Motonu v Sportsman Arms Hotel [2019] KEELRC 2026 (KLR)
✦ Claimant is entitled to salary for February 2015, one month's notice, 3 months' compensation, costs, certificate of service, and interest
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Charles Gitonga Kibaara v Tharaka Nithi County Government & another [2019] KEELRC 2019 (KLR)
✦ The suit is dismissed as the Claimant should have approached the Public Service Commission in terms of Section 77 of the County Governments Act.
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Rachael Githigia Macharia v B.O.M Ngangarithi Secondary School [2019] KEELRC 2030 (KLR)
✦ Claimant is awarded one month's salary as notice, 12 months' salary as compensation, costs of the suit, and interest on the sums from the date of judgment.
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Joshua Tako Aluondo v Xfor Security Solutions Kenya Limited [2019] KEELRC 2081 (KLR)
✦ The dismissal was unfair as the Respondent failed to prove that the claimant was found sleeping on the job and did not follow a fair procedure before dismissing him.
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Osielo Okoth Oking & 3 others v Nasibu Fishing Company Limited [2019] KEELRC 2080 (KLR)
✦ The Claimants are owed arrears of salary and general damages for breach of contract
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Jane Muthoka Mwaniki v Board of Trustees, Good News Church of Africa (Cause 454 of 2016) [2019] KEELRC 2102 (KLR) (15 March 2019) (Judgment)
✦ The claim is rejected under Section 90 of the Employment Act 2007
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Nyakoi Omache Peter v Nomad Palace Hotel Limited [2019] KEELRC 2092 (KLR)
✦ The Court finds that the termination was without due notice and awards one month pay in lieu of the termination notice at Kshs. 49, 120.00. The claimant is awarded 5 months’ salaries in compensation for the unfair termination at Kshs. 245, 600.00. The claimant is entitled to issuance of the certificate of service as a statutory right. The respondent is ordered to pay the claimant’s costs of the suit.
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Paul Karanja Kimani v Postal Corporation of Kenya [2019] KEELRC 2090 (KLR)
✦ The termination was not unfair and the claimant's prayers are dismissed.
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Guyo Roba Golicha v Airkenya Express Limted (Cause 414 of 2014) [2019] KEELRC 2101 (KLR) (Employment and Labour) (15 March 2019) (Judgment)
✦ The claimant is entitled to Kshs. 26, 382.00 for one month salary in lieu of notice and Kshs. 20, 000.00 in costs. The claimant is not entitled to general damages, service terminal benefits, or loss of employment.
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Kenya National Union of Nurses v Murang’a County Public Service Board & another [2019] KEELRC 2054 (KLR)
✦ The court declines the claimant's application to amend the pleading and dismisses the motion with no order as to costs.
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Katiwa Muthoka v English Press Limited [2019] KEELRC 2065 (KLR)
✦ The Court finds no merit in the cause and dismisses it with no order as to costs.