Kenyan case law

Mundia Njeru Gateria v Embu County Government & 5 others [2015] KEELRC 249 (KLR)

✦ The court declares that the respondents have no power to subject the petitioner to disciplinary action or to interdict him from the office of chairman, Embu County Public Service Board.

Kenya Hotels & Allied Workers Union v Firm Rock Resort (Lakers Hub) [2015] KEELRC 233 (KLR)

✦ The termination of the Grievant's employment was unfair due to lack of valid reason and fair procedure.

Newton Mungalla v County Secretary and Head of County Service Board & another [2015] KEELRC 1653 (KLR)

✦ The court does not have jurisdiction to entertain the suit as the respondents have the authority to discipline their employees and the process is not yet concluded.

Kenya Hotels And Allied Workers Union v Laughing Budha Cafe & Lounge [2015] KEELRC 230 (KLR)

✦ Claimant has recruited a simple majority of unionisable employees and is entitled to orders for recognition agreement and deduction of union dues

Kenya Plantation and Agriculture Workers Union v Kakuzi Limited [2015] KEELRC 195 (KLR)

✦ Application for interim injunction is refused

David Michael Bilasio v Christopher Kitutu [2015] KEELRC 196 (KLR)

✦ The Claimant is not a permanent employee and the termination was not unlawful. The Claimant is not entitled to any remedies.

Rem Ogodo Ogana v Kenya Sugar Board [2015] KEELRC 210 (KLR)

✦ The Court finds that the Respondent is liable to pay the arrear salary in the sum of Kshs.1,950,000 for the stated period.

Anthony Musindi Antole v Mustard Seed Schools [2015] KEELRC 208 (KLR)

✦ The termination of the services of the Claimant was in breach of contract and the Court awards him 2 months wages in lieu of notice and overtime.

Kudheiha Workers v Board of Management, Ng’araria Girls Secondary School [2015] KEELRC 232 (KLR)

✦ The court finds that the grievant is entitled to service gratuity under the collective agreement, as per the provisions of the Employment Act, 2007.

Patricia Wangari Munene v Equity Bank Limited [2015] KEELRC 219 (KLR)

✦ The Court found no basis for the Claimant's allegation of violation of her constitutional rights and dismissed her case.

Peter Kamau Mwaura & another v National Bank of Kenya Limited [2015] KEELRC 177 (KLR)

✦ The court found that the termination of employment was lawful and procedurally fair. The court also found that the conversion of preferential interest rates to market rates was not unlawful.

Donald Oricho v National Vision Party& 2 others [2015] KEELRC 202 (KLR)

✦ The Application is dismissed with costs to the Claimant/Respondent

Kenya Chemical Workers Union v General Plastics Limited [2015] KEELRC 203 (KLR)

✦ The Court found the dismissal valid and fair.

Monica Cyombua Gitari & another v Embu County Government & 3 others [2015] KEELRC 244 (KLR)

Samuel Itotia Githua v Security Group Kenya Limited [2015] KEELRC 223 (KLR)

✦ The Court dismisses the Claimant's claim as he failed to prove his case.

Martin Onyango Aroka v Security Guards Services Limited [2015] KEELRC 147 (KLR)

✦ The dismissal was unfair and unreasonable, and the Court awards the claimant one month's pay in lieu of notice, 4 days' pay, 10 months' salary for unfair termination, and costs of the suit.

Luka Osaka v Timsales Ltd [2015] KEELRC 205 (KLR)

✦ The Court finds that the Respondent had a valid and fair reason to dismiss the Claimant.

John Murigi v Josphat Muiruri & 2 Others (Environment & Land Case 609 of 2014) [2015] KEELRC 141 (KLR) (19 November 2015) (Judgment)

Kinyua Muyaa & Co. Advocates v Kenya Ports Authority Pension Scheme & 8 Others [2015] KEELRC 225 (KLR)

✦ The motion is dismissed as the court lacks jurisdiction to review a decision made by the Deputy Registrar (taxing officer) and not its own order.

Kirop & 3 others v Kenya Ports Authority (Cause 258 of 2015) [2015] KEELRC 220 (KLR) (18 November 2015) (Judgment)

Paul Koech & 12 others v Purecircle (K) Limited [2015] KEELRC 235 (KLR)

✦ The court allows the Claimants' prayer to amend their claim and directs the Respondent to deposit Kshs.4,779,321.00 in Court.

Elizabeth Gathoni Murimi & another v DCIO Nakuru Railways Police Staton & 3 others [2015] KEELRC 262 (KLR)

✦ The suspension was unlawful and in contravention of the Constitution and National Police Service Act.

Ernest Tuiga v Masinde University of Science Technology [2015] KEELRC 251 (KLR)

✦ The Court finds in favor of the Claimant and orders the Respondent to restrain from retiring the Claimant until he attains the age of 65 years

Carolyne Wambui Njue v Rift Valley Railways (Kenya) Limited [2015] KEELRC 146 (KLR)

✦ The Court ordered the respondent to produce the requested documents within 14 days, failing which the respondent's reply would be struck out with costs.

Elvis Mramba Karume v Peter I Vaz [2015] KEELRC 247 (KLR)

✦ The court finds the termination unfair and wrongful