Kenyan case law

DINAH MUSINDARWEZO. v AFRICAN WOMEN\'S DEVELOPMENT AND COMMUNICATION NETWORK(FEMNET) [2012] KEELRC 233 (KLR)

IRENE NASERIAN KARBOLO v KENYA AIDS NGOS CONSORTIUM [2012] KEELRC 111 (KLR)

✦ The court finds that the termination of the Claimant's employment was discriminatory and unfair, and awards her three months salary and interest.

IRENE NASERIAN KARBOLO V KENYA AIDS NGOS CONSORTIUM [2012] KEELRC 114 (KLR)

✦ The court finds that the termination of the Claimant's employment was discriminatory and unjustified, and awards her three months salary and other damages.

CAROLINE MURIGI V KENYA INTERNATIONAL SPORTS LIMITED & ANOTHER [2012] KEELRC 96 (KLR)

✦ The court finds jurisdiction to entertain the claim and dismisses the claimant's wrongful dismissal claim. The court awards service pay, wages, and discretionary directorship pay.

PAULINE MWITA MARU V TELKOM KENYA LIMITED [2012] KEELRC 167 (KLR)

✦ The Court held that the termination of employment was unlawful and arbitrary.

PATRICK K. MUASYA V KENYA WILDLIFE SERVICE [2012] KEELRC 231 (KLR)

✦ The court finds the claimant's retirement in the public interest of the service was justified and dismisses the claimant's claim for wrongful termination of service.

Anne Kinyua v Nyayo Tea Zone Developmnet Corporation & 3 others [2012] KEELRC 219 (KLR)

✦ The Court discharged the injunction, finding that the claimant failed to demonstrate a prima facie case and that damages would be an adequate remedy.

AUGUSTINA KATUKU ISENZE V GURSHARAN LAL [2012] KEELRC 156 (KLR)

✦ The Court finds in favor of the Claimant and orders the Respondent to pay the claimed compensation and relief.

CODA CONSULTING GROUP LTD V JOHN KAMAU WANYOIKE [2012] KEELRC 39 (KLR)

✦ The court reviews the calculation of leave days from Ksh.210,000 to Ksh.79,356 and leaves the amount awarded on this item as already granted. The total amount due to the Claimant is Ksh.464,625.

AUGUSTINA KATUKU ISENZE V GURSHARAN LAL (Cause 338 of 2012) [2012] KEELRC 179 (KLR) (17 October 2012)

✦ The Court found in favor of the Claimant and ordered the Respondent to pay the claimed amounts.

JOSEPH TOWETT V KALEE LTD [2012] KEELRC 32 (KLR)

✦ The claimant was terminated unfairly and ordered to be compensated with Kshs.1,310,000.

ALEX LUVAHA AFANDA v RAMCO HARDWARE LIMITED [2012] KEELRC 19 (KLR)

✦ The dismissal was unfair and wrongful. The claimant is entitled to compensation for one month's pay in lieu of notice, unpaid leave days, unpaid overtime, severance pay, and three months' pay for unfair termination.

KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL INSTITUTIONS, HOSPITALS AND ALLIED WORKERS V BOARD OF GOVERNORS KERUGOYA BOYS SECONDARY [2012] KEELRC 142 (KLR)

✦ The court found that the grievant's employment was terminated unfairly and ordered the Respondent to pay the grievant three months' salary as notice, service gratuity, and 12 months' salary compensation for loss of employment.

MESHACK ANGENG’O OMONDI v ELDORET MUNICIPAL COUNCIL & another [2012] KEELRC 262 (KLR)

✦ The claim is time-barred under Section 90 of the Employment Act, 2007, and the case is struck out with costs.

KILIOPA OMUKUBA OKUTOYI V TELKOM KENYA LIMITED [2012] KEELRC 22 (KLR)

✦ The Court found that the dismissal was unfair and unlawful, and ordered the claimant to be reinstated and awarded damages.

JANE WANGARI NJOROGE v E.N. PERTET T/A JOLIDAY NURSARY SCHOOL [2012] KEELRC 20 (KLR)

✦ The court finds the termination unfair and procedurally improper, and orders the respondent to pay the claimant salary in lieu of notice, final dues, and compensation for unlawful loss of employment.

KENYA UNION OF DOMESTIC HOTELS EDUCATIONAL INSTITUTIONS AND ALLIED WORKERS V MANAGER, KENYA COMMERCIAL BANK CLUB [2012] KEELRC 76 (KLR)

✦ The court finds in favor of the union and orders the termination letters to be withdrawn, and the cases to be consolidated.

SAMUEL KIRAGO V KUEHNE+NAGEL LTD [2012] KEELRC 138 (KLR)

✦ The dismissal was found to be unfair and wrongful.

ROBERT KUBAI LICHORO & ANOTHER V BONNE NICHOLAS BARAZA & ANOTHER [2012] KEELRC 173 (KLR)

✦ The Court finds that there is a conflict of interest and orders that the firm of J.A. Guserwa & Co Advocates be disqualified from representing the 1st Respondent and the Interested Party in the current proceedings.

BERNARD MUNGUTI MUTISYA V WEI HONG JO [2012] KEELRC 169 (KLR)

✦ The Court finds the termination of the Claimant's employment to be lawful and denies his claims.

NELSON OCHIENG NYOTURU V TELKOM KENYA LIMITED [2012] KEELRC 133 (KLR)

✦ The Court found the termination unlawful and unfair, and ordered the Respondent to pay the Claimant Kshs. 194,268/= as special damages and Kshs. 242,835/= as special damages for 15 years of service.

BENARD NYANYUKI NYAKINA AND 280 OTHERS V POLYSACK LIMITED [2012] KEELRC 48 (KLR)

✦ Interim injunctions granted to restrain Respondent from compelling claimants into entering temporary employment contracts and dismissing them

Kenya Chemical and Allied Workers Union v Bidco Oil Refineries Limited [2012] KEELRC 236 (KLR)

✦ The Court ordered the applications to be stayed and directed the Union to serve a copy of the ruling on the Respondent's advocates and the Commissioner for Labour.

Raphael Musyoka Ngumbi v Paem Agencies Company Limited [2012] KEELRC 241 (KLR)

✦ The court grants the Claimant's application to admit the late filed reply affidavit and directs the proceedings to proceed with speed.

CENTRAL ORGANISATION OF TRADE UNIONS-[COTU] V REGISTERED TRUSTEES OF THE CONFEDERATION OF KENYA TRADE UNIONS [2012] KEELRC 257 (KLR)

✦ The Respondent is a trade union for the purposes of the Labour Relations Act.