Kenyan case law

John Odhiambo Abila v Eldoret Packers Ltd [2014] KEELRC 81 (KLR)

✦ The termination was unfair due to procedural violations.

Rachel Owano Anakoli v Santa Fe Lounge & Grill & another [2014] KEELRC 90 (KLR)

✦ The Claimant was employed by the Respondents and her termination was unfair.

Robert Bosire Nyagaka v Sameer Agriculture and Livestock (K) Limited [2014] KEELRC 128 (KLR)

✦ The application to set aside the judgment is dismissed with costs.

Dismas Murangala Almasa v H. S. Thethy & another [2014] KEELRC 129 (KLR)

✦ The Claimant is entitled to severance pay equivalent to one and a half months salary, refund for uniforms, and leave days in lieu. The Claimant is not entitled to unlawful termination compensation.

David Ndavah Kamzee v Ol Tukai Lodges Limited [2014] KEELRC 1424 (KLR)

Emily Kadenyi Otieno v Mumias Sugar Company Ltd [2014] KEELRC 1406 (KLR)

✦ Conservatory orders granted to restrain respondent from advertising or conducting activities related to Company Secretary/Director Legal Affairs position and from interfering with petitioner's possession of motor vehicle.

Michael Wambua Masaku v Malken Housing System Limited [2014] KEELRC 133 (KLR)

✦ The summary dismissal was wrongful and unfair, and the Claimant is entitled to compensation and leave pay.

Winfred Okinda v Kenya National Union of Teachers Bungoma East Branch & 12 others (Cause 119 of 2014) [2014] KEELRC 1411 (KLR) (12 November 2014) (Ruling)

✦ Suspension is nullified due to lack of fair hearing and proper minutes.

C O G v Teachers Service Commission [2014] KEELRC 1413 (KLR)

✦ The dismissal was justifiable and lawful, and the claim is dismissed.

Bernard Levoywa v Salina Transporters [2014] KEELRC 1398 (KLR)

✦ The Court granted the Respondent's application to set aside the ex parte judgment due to the mistake in serving the hearing notice and the inadvertent non-attendance.

Benson Maina Ngure v Riverdale Blooms Ltd [2014] KEELRC 117 (KLR)

✦ The Court declines to grant the order for security for costs and dismisses the application with costs.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Sasini Coffee House Limited [2014] KEELRC 137 (KLR)

✦ The Court awards the Claimant one month's salary in lieu of notice, house allowance, public holidays, off-days, and leave days not taken. The total award is Kshs.127,000.

Cosmas Ochieng Otieno & 5 others v Equator Bottlers Ltd [2014] KEELRC 1480 (KLR)

✦ The claimants were unlawfully and wrongfully terminated and are entitled to 12 months salary as damages for unlawful termination and moneys deducted from them in form of broken liquids and empty bottles.

Mwatata Juma Mwangala v Anne Waiguru & 5 others [2014] KEELRC 1419 (KLR)

✦ The Petitioner's petition is dismissed.

Owino v Tongi & another (Cause 253 of 2014) [2014] KEELRC 122 (KLR) (7 November 2014) (Judgment)

Jeremiah Mbuthia Ndirangu v Jubilee Insurance Company Limited [2014] KEELRC 138 (KLR)

✦ Application dismissed with costs.

Elizabeth Onyango v Mobile Planet Limited [2014] KEELRC 1417 (KLR)

✦ The Court found that the termination of the claimant's employment was fair and that the claimant is not entitled to the damages claimed.

Kudheiha Workers v Cheptuech Secondary School [2014] KEELRC 1390 (KLR)

✦ The Court dismisses the motion for interlocutory prohibitive order and orders the Union to file an amended claim and the Respondent to file an amended response.

Peter Gikaria Wambugu v Muhotetu Farmers Co-operative Society [2014] KEELRC 139 (KLR)

✦ The court dismisses the application with no order as to costs, as the issue of unpaid salary was not on trial and the court considered the award of Ksh.257,960 as adequate remedy.

Ochieng & another v Obura & 11 others (Cause 40 of 2014) [2014] KEELRC 131 (KLR) (7 November 2014) (Judgment)

Joseph Kiplangat Ngeno & 13 others v Kenya Investment Authority [2014] KEELRC 136 (KLR)

✦ The Claimants lost their employment for no fault of their own and the Court will not make an order as to costs against the Claimants.

Michimikuru Tea Factory Company Limited v Johnson Mutabari (suing as the legal representative of the estate of Priscilla Kinya-Deceased) [2014] KEELRC 145 (KLR)

✦ The suit is revived and the defendant's application for abatement is dismissed.

Maluki v Sandies Tropical Village (t/a Palm Hotel (K) Ltd (Cause 26 of 2014) [2014] KEELRC 134 (KLR) (7 November 2014) (Judgment)

Benedict Muindi Maithya& 11 Others v Ashok Umakanti J. Dave t/a Daves Catering [2014] KEELRC 142 (KLR)

✦ Application dismissed with costs to the respondent

Kenya Union of Commercial Food and Allied Workers v Mek Sacco Society Ltd [2014] KEELRC 121 (KLR)

✦ The court finds that the respondents have violated the greviants' rights by placing them on suspension for over 1 year and orders the suspension lifted.