Kenyan case law

Salim Twairi v Kwale International Sugar Company Ltd [2020] KEELRC 1541 (KLR)

✦ The Claimant's action is struck out

Simon Mungathia Itahi v Kenyatta National Hospital & 9 others [2020] KEELRC 358 (KLR)

✦ The claimant's notice application dated and filed on 13.03.2020 is hereby dismissed with costs in the cause.

Tailors & Textiles Workers Union v Global Apparels Epz Limited;Fidelis Omwamba Onsongo & 6 others (Proposed Interested Parties) [2020] KEELRC 938 (KLR)

✦ The Court finds the Respondent in contempt of court and orders the Respondent to pay the costs of the application.

Titus Delax Opiyo Were v Creative Consolidated Systems Limited [2020] KEELRC 102 (KLR)

✦ The Court finds that the Respondent terminated the Claimant's employment without valid reason and in violation of due procedure.

Thomas Kimeli Kimaiyo v Choppies Enterprises Kenya Limited [2020] KEELRC 1703 (KLR)

✦ The claimant's employment was unfairly terminated, and he is entitled to compensation and other remedies.

Vincent Taabuley Oundo v Royal Group Industries (K) Limited [2020] KEELRC 1443 (KLR)

✦ The claimant is entitled to compensation of Ksh.12, 800 and a certificate of service.

Willy Kanuna v Capitol Laundry Limited [2020] KEELRC 1155 (KLR)

✦ The termination was unlawful and unfair, and the Claimant is entitled to withheld salary, notice pay, and leave pay.

Ndulu Nzyimi v Basco Products Kenya Limited [2020] KEELRC 1740 (KLR)

✦ The claimant's employment was not terminated but lapsed 4 days before the contract's lapse date. The termination was unfair.

Simon Titus Yandi v National Police Service Commission & Attorney General [2020] KEELRC 1698 (KLR)

✦ The Petition is struck out with no order on costs

Timothy Simasi & another (Suing as Administrators of the estate of the late D.A Vaughan Philpott ) v Registrar of Lands, Mombasa & another [2020] KEELRC 563 (KLR)

John Moogi Omare v Kenya National Commission for Unesco [2020] KEELRC 971 (KLR)

✦ The claimant's application is dismissed with orders that his last day at work is the date of the ruling, and each party bears their own costs.

Timothy Nchoe Sironka v Judical Service Commission [2020] KEELRC 503 (KLR)

✦ The Petitioner is entitled to a declaration that the disciplinary process was flawed, breached his rights, and is entitled to Kshs. 5 million in damages.

Timoty Nderi v Safaricom Limited [2020] KEELRC 309 (KLR)

✦ The Court finds that the claimant voluntarily resigned and failed to establish a case for unfair constructive termination or violation of his rights.

Wycliff Oluoch v United Bags Manufacturers Limited [2020] KEELRC 1447 (KLR)

✦ The Court finds the termination unlawful and awards the Claimant 1 month's salary in lieu of notice, 8 months' salary as compensation for unlawful termination, and costs of the suit.

Hezron Ziro & 8 others v Threeways Shipping Services Limited [2020] KEELRC 521 (KLR)

✦ The Court found the Claimants owed salaries and ordered the Respondent to pay them.

GKN v SMFB Limited [2020] KEELRC 1588 (KLR)

✦ The termination was valid and fair, and the claimant failed to prove sexual harassment or other valid reasons for termination.

Kenya Union of Domestic, Hotel, Educational Institutions Hospital v Board of Management Nakuru War Memorial Hospital [2020] KEELRC 1613 (KLR)

✦ The court issues temporary orders restraining the respondent from terminating the services of the claimant's members and from coercing and victimizing these employees pending the hearing and determination of the suit.

Teachers Service Commission v Jane Awino Owoko [2020] KEELRC 327 (KLR)

✦ The appeal is allowed, the preliminary objection is set aside, and the matter is remitted back to the subordinate court to hear the parties on the submissions and render its judgment on the suit.

Gerishon Ojwang Otuwi v Kibos Sugar and Allied Industries Limited [2020] KEELRC 381 (KLR)

✦ The court finds that the respondent did not provide a valid reason for dismissing the claimant and did not follow a fair procedure in doing so.

George Maburi Nyaundi v Film Corporation of Kenya [2020] KEELRC 492 (KLR)

✦ The Court finds the Respondent's termination of the Claimant unlawful and unprocedural, and orders the Respondent to pay the Claimant 1 month salary in lieu of notice, severance pay, leave pay, and compensation.

Frank Kibegwa Omboga v G4s Kenya Limited [2020] KEELRC 1615 (KLR)

✦ The court dismissed the claimant's suit with costs, finding that the dismissal was justified and that the claimant was not entitled to any relief.

Teresiah Wanjiru v Metal Crowns Limited & another [2020] KEELRC 64 (KLR)

✦ The Respondent is to pay Kshs. 36,167.95 (the full and final costs due to the Auctioneer) within 14 days of today.

Tony Ben Olang Akello v Rural Development Solutions Ltd [2020] KEELRC 1882 (KLR)

✦ Claimant waived the right to assert constructive dismissal but Respondent breached the Mutual Separation Settlement Agreement.

Gikundi Muriuki & another v Kenya Prisons Service & another; Martin Orembo (Interested Party) [2020] KEELRC 1129 (KLR)

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

Samuel Ojwang Juma v Saphire Collections Limited [2020] KEELRC 1851 (KLR)

✦ Order 22 Rule 35 of the Civil Procedure Rules allows examination of directors for information on the state of the corporation. The corporate veil will not be pierced without evidence of fraud.