Kenyan case law

Jackline Wakesho v Aroma Cafe [2014] KEELRC 397 (KLR)

Titus Omamu Mwanzo & 2 others v Oil Company Limited [2014] KEELRC 628 (KLR)

✦ The Court grants leave to file the intended Suit at the Chief Magistrate's Court Nairobi, within 6 months of the delivery of this ruling.

Gedeon K. Mutindi & 2 others v Kenya Railways Corporation [2014] KEELRC 289 (KLR)

✦ Judgment is entered for the plaintiffs for payment of retirement benefits and other benefits as per the court's calculation.

Geoffrey Lagat v Elkawa Enterprises Limited [2014] KEELRC 1386 (KLR)

✦ The Court finds and holds that the Claimant was unfairly terminated and awards him one month salary in lieu of notice, 5 months wages as compensation, totaling Kshs 73,800.

Hesbon Ngaruiya Waigi v Equitorial Commercial Bank Limited [2014] KEELRC 926 (KLR)

✦ The respondent's appeal notice was not timely and should be struck out

Kenya Chemical & Allied Workers Union v Packaging Manufacturers [1976] Ltd [2014] KEELRC 54 (KLR)

George Musyoki v Sarova Hotels [2014] KEELRC 40 (KLR)

✦ The court allowed the application with no order as to costs, emphasizing the need to bridge the gap between legal and human perspectives in employment disputes.

Thomas Joshua Odongo v Anglican Church Diocese Of Nakuru [2014] KEELRC 1283 (KLR)

✦ The claimant is entitled to one month pay in lieu of notice and severance pay, but the claims for off duties or rest days, public holidays, and overtime are dismissed.

George M. Kirungaru v Next Generation Communications Limited [2014] KEELRC 665 (KLR)

✦ The Court awards service pay of Kshs. 330,369 to the Claimant, less the NSSF pension of Kshs. 50,400

Francis Njuguna Waime v Translogistics [K] Limited [2014] KEELRC 680 (KLR)

✦ The Court allows the Claimant's request for salary arrears for July, August, September, and October 2011 at the rate of Kshs. 32,000, totaling Kshs. 128,000.

George Were Omondi v Baobab Breeding Systems Ltd [2014] KEELRC 489 (KLR)

Theophilus K. Nzumbi & another v Waithaka Kiare Mbaya & Co. (Cpa (K) [2014] KEELRC 1366 (KLR)

✦ The appeal was dismissed with costs as the appellants failed to provide sufficient reasons for their advocate's absence and the appeal was not filed in compliance with the Industrial Court (Procedure) Rules, 2010.

Julius Amba Adipoh v Baobab Breeding Systems Ltd [2014] KEELRC 490 (KLR)

Kadilo Mtwana & 80 others v Chairman Amalgamated Union of Kenya Metal Workers & 4 others [2014] KEELRC 284 (KLR)

Samuel Ogonji & 31 others v Kisumu County Government & another [2014] KEELRC 503 (KLR)

✦ The applicants are not permanent employees and the orders sought cannot be granted.

Samuel Sawere Andalo v Star Electronics Limited [2014] KEELRC 1151 (KLR)

✦ The dismissal was found to be unfair and compensation is awarded at one month's salary.

Samuel Awello Obara v Insta Pumps Engineeing Limited [2014] KEELRC 691 (KLR)

✦ Termination of the Claimant's contract of employment was unfair. The Respondent shall pay the Claimant one month salary in lieu of notice, annual leave entitlement, and 4 months' salary in compensation.

Samuel Kabiru Wanjiku v Attorney General [2014] KEELRC 1258 (KLR)

✦ The court dismissed the claimant's application as he has not demonstrated that he was suffering from a disability which prevented him from filing his claim within the limitation period.

Ferdinand Imbayi Mutakha v Chief Executive Officer Mwalimu Cooperative and Credit Savings Society & another [2014] KEELRC 750 (KLR)

Hussein Adan Galgalo v Standard Group Limited [2014] KEELRC 553 (KLR)

Simon S. Mungu v Chairman BOG, Friends Lugulu Mission Hospital [2014] KEELRC 608 (KLR)

✦ The respondents unfairly and unlawfully terminated Claimant's contract.

Ibrahim Ratemo Magomga v Eldoret Grains Ltd [2014] KEELRC 1437 (KLR)

✦ The Court dismissed the Statement of Claim for being frivolous but granted the Claimant another chance to amend the Statement of Claim.

Samuel Omweri Ogechi v Minazini Enterprises Ltd [2014] KEELRC 946 (KLR)

✦ Court finds in favor of Claimant for final dues, service charge, and compensation for holidays worked. Other claims are denied.

Francis Malai Kinyili v Inter Security Services [2014] KEELRC 404 (KLR)

✦ Claimant is entitled to service pay for 15 years of service at the rate of 18 days' salary per year, totaling Kshs. 85,943.

Geoffrey Mwakio v Kenya Broadcasting Corporation [2014] KEELRC 8 (KLR)

✦ The dismissal was unlawful and unfair, and the court awards the full salary for the interdiction period, general damages of Kshs.3 million, and an alternative option of re-engaging the claimant with compensation.