Kenyan case law
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Fidelis Omwamba Onsongo & 1648 others v Tailors & Textile Workers Union & another [2021] KEELRC 1930 (KLR)
✦ The Court holds that the Applicants have made out a prima facie case with probability of success because their right to join or leave a trade union under the constitution and the Labour Relations Act will be infringed by the deduction of union dues from their salary in favour of the 1st Respondent.
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Robert Adere Monari v Riley Services Limited [2021] KEELRC 1974 (KLR)
✦ The Court finds and holds that the Respondent terminated the Claimant’s employment unlawfully and unfairly, and the Claimant is thus entitled to compensation.
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Amalgamated Union of Kenya Metal Workers v Reliable Electrical Engineers (M) Limited [2021] KEELRC 1978 (KLR)
✦ The Claimant failed to prove its claim against the Respondent, and the Claimant’s case is dismissed.
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Ochola Raymond Oboo v Omar Shariff Ali & 4 others [2021] KEELRC 1965 (KLR)
✦ The termination of the Claimant's employment was substantively and procedurally unfair, and he is entitled to compensation.
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Irene Mweni Kimeu v Mercy Makena t/a Court Yard Garden Hotel [2021] KEELRC 1956 (KLR)
✦ The Claimants did not prove that their employment was unfairly terminated by the Respondent.
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Africa Apparels EPZ Ltd v Julius Mutunga Muindi [2021] KEELRC 1954 (KLR)
✦ The amended notice of motion is incompetent and is struck out with costs.
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Kenya Medical Practioners, Pharmacists and Dentists’ Union (KMPDU) v County Government of Bomet [2021] KEELRC 1942 (KLR)
✦ The court declared the collective bargaining agreement and return to work formula legally binding and enforceable, and ordered the respondent to implement them. The court also declared the strike lawful and protected. The court granted costs to the petitioner.
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Millicent Nyambura Njoroge v Flamingo Horticulture (K) Limited [2021] KEELRC 1948 (KLR)
✦ The court finds that the termination was discriminatory and targeted because the petitioner was on maternity leave.
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Kanamai Timber & Hardware Limited v Bernard Katuti [2021] KEELRC 1975 (KLR)
✦ The Court grants a conditional stay of execution, allowing the Applicant to release 50% of the judgment amount within 30 days and deposit the remaining 50% in a joint account within 45 days.
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Benard Muse Shaka v West Kenya Sugar Co Limited [2021] KEELRC 1514 (KLR)
✦ The appeal is dismissed on the grounds of failure to prosecute the appeal and unexplained failure to comply with peremptory court orders.
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Lucyfellah Bwari Getoi v Kenya National Union Of Teachers & 4 others [2021] KEELRC 1513 (KLR)
✦ The Petition is dismissed with no order on costs.
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Reuben Abuya Oroba v Mayfair Holdings [2021] KEELRC 1516 (KLR)
✦ The Court finds the termination of the Claimant's employment unfair and awards him compensation of Kshs 135,000.
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Benard Barasa Sunguti v Nairobi County Chief Officer for Urban Planning, Nairobi County Chief Officers for ICT & Nairobi City County Government [2021] KEELRC 1977 (KLR)
✦ The Court finds that the seeds of a constructive dismissal have been planted by the 1st and 2nd Respondents, but the Claimant is not dismissed. The Court orders the 1st and 2nd Respondents to provide an office and computer by the 1st and 2nd Respondent facilitated by the 3rd Respondent, and to open a supervisory account by the 2nd Respondent under the operational online account portal of the 3rd Respondent.
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Kenya Union of Sugar Plantation & Allied Workers v West Kenya Sugar Company Ltd [2021] KEELRC 1515 (KLR)
✦ The Court finds the dismissal unfair and awards compensation and salary in lieu of notice.
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Collins Omondi Ojonyo v Gideon Ochanda & 2 others [2021] KEELRC 1511 (KLR)
✦ The suspension of the Claimant was unlawful, and he is awarded a suspension salary and April and May 2018 salaries.
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Philip Mutinda v Lady Lori (K) Limited [2021] KEELRC 1966 (KLR)
✦ The court grants a stay pending appeal on condition that the respondent deposits the entire decretal sum plus interest as accrued to 17th March 2021 in an interest-earning account in the joint names of the advocates of the parties within 21 days of this ruling.
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Kenya National Private Securty Workers Union & 44 others v Cabinet Secretary Ministry of Health & 6 others [2021] KEELRC 1949 (KLR)
✦ The security guards are not entitled to the COVID-19 Emergency Allowance and the court declines to grant interim relief.
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Caleb Oduor Olum & 15 others v Wycliffee Sava Mundu & another [2021] KEELRC 1970 (KLR)
✦ The application is dismissed with costs.
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Governors Lugulu Girls [2021] KEELRC 1973 (KLR)
✦ The Respondent/Applicant's motion is dismissed with costs, as there is no demonstration of excusable mistake, inadvertence, accident or error
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Dennis Kiptoo Tanui v Superior Homes Kenya Limited [2021] KEELRC 1969 (KLR)
✦ Claimant is entitled to notice pay, 3 months compensation, costs, and a certificate of service
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Mukhtar Salat Mohamed v National Police Service Commission & 3 others [2021] KEELRC 1976 (KLR)
✦ Petition dismissed with costs
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Polycarp Akoko Ochieng v National Police Service Commission [2021] KEELRC 1964 (KLR)
✦ Petition dismissed with costs to the Respondent
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Isaac Kimutai Chesire v County Government of Uasin Gishu [2021] KEELRC 2326 (KLR)
✦ The Court upholds the dismissal but orders the respondent to refund the Claimant the sum of Kshs. 363,741 spent on repairing the ambulance.
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Kenya National Union of Nurses v Friends Lugulu Mission Hospital [2021] KEELRC 2325 (KLR)
✦ The court finds the claim merited and orders the hospital to pay union dues and sign the recognition agreement within 30 days.
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John Mwangi Kamau v Haco Tiger Brands (E.A) Limited [2021] KEELRC 1972 (KLR)
✦ The Claimant’s suit is dismissed for want of prosecution, with no order as to costs.