Kenyan case law
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Felix Barnabus Shikutwa v Ministry of State for Defence & 4 others [2016] KEELRC 228 (KLR)
✦ The court finds that the claimant was properly and lawfully de-commissioned from the Armed Forces and was lawfully returned to serve in the diocese of Kakamega.
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Joseph Maingi Maitha v Permanent Secretary Ministry of Medical Services & another [2016] KEELRC 210 (KLR)
✦ The Court confirms the sum of Kshs. 126,711 as one (1) month's salary in lieu of notice and awards compensation for unfair dismissal.
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Republic v Egerton University Ex-Parte Peter Wangai [2016] KEELRC 98 (KLR)
✦ The Court strikes out the instant proceedings with costs to the Respondent.
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Aloise Abungu Mago & 3 others v Jaswant Singh & Brothers [2016] KEELRC 348 (KLR)
✦ Claimants are entitled to 12 months' pay for unfair termination and one month's notice pay.
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Edward Mathembe Musemba v Board of Governors Tseikuru Secondary School through the Chairman [2016] KEELRC 22 (KLR)
✦ The claimant's application for leave to amend the plaint is allowed, and the claimant is required to file the amended plaint within 14 days.
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Bernard Shivachi Lidwaga v Regal Pharmaceuticals [2016] KEELRC 279 (KLR)
✦ The court finds that the claimant has proved on a balance of probability that he served the respondent continuously for a period of six (6) years from 20 August 2001 until 9 June 2008, and therefore was a permanent employee in terms of the law and ought to have been paid terminal benefits before being converted to a fixed term contract employee on 9 June 2008.
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Agnes Wanjiru Muthoni v King’uku & Company Limited [2016] KEELRC 166 (KLR)
✦ The termination was unfair due to lack of due process under section 41 of the Employment Act, 2007. The claimant is awarded one month pay of Kshs. 10, 200.00 in lieu of the termination notice and one month pay in lieu of annual leave (24 pending days) Kshs. 10, 200.00 as prayed for. She is also entitled to pay for November and October 2015 as prayed for and as admitted for the respondent making Kshs. 20, 400.00. The respondent is entitled to Kshs. 30,000.00 for the admitted liability.
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Stephen Ochieng Ongweno v Justus Oketch Orinda [2016] KEELRC 322 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay the Claimant 12 months' salary in compensation, 1 month salary in notice pay, arrears of salary, and annual leave pay.
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Martin Bundi Gitonga v Del Monte Kenya Limited [2016] KEELRC 46 (KLR)
✦ The Respondent is ordered to pay the Claimant terminal dues as per the RBA guidelines, and the Claimant is advised to clear his dues with the Respondent without requiring him to go round the whole establishment.
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Richard Mbuthia Kamenya & another v Broadband Communication Network Limited [2016] KEELRC 330 (KLR)
✦ The court finds the termination unfair and unprocedural, and awards the claimants compensation for terminal dues, including 12 months' compensation for unfair termination.
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Kenya National Union of Nurses v Chief Officer Public Service Management (Miriam Kosgei) County Government of Uasin Gishu & 3 others [2016] KEELRC 333 (KLR)
✦ The indefinite suspension of the Grievant was unfair and the Court declares the suspension a nullity.
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David Maina Ndirangu v Tusker Mattresses Ltd [2016] KEELRC 15 (KLR)
✦ The Claimant's dismissal was not lawful, and he was constructively dismissed. The Respondent failed to document and submit the proceedings of the meeting with the Claimant on 21st February 2014, which is required by law.
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Sammy Erick Njeru v Destaings Nyenyi Nyongesa & 6 others [2016] KEELRC 325 (KLR)
✦ The internal disciplinary process initiated by the Respondents against the Claimant shall proceed in accordance with the parameters set out in Section 41 of the Employment Act
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Chrispine Amunga v Norbrook Kenya Limited [2016] KEELRC 198 (KLR)
✦ The court found that the dismissal was not for a valid reason and was not done in terms of a fair procedure.
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Miriam Said Mwabora & 70 others v Hotel Span Limited & 3 others [2016] KEELRC 326 (KLR)
✦ The application to amend the Statement of Claim is denied
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Lucy Wanja Ireri & another v Kenya Suitcase Manufacturers Limited [2016] KEELRC 347 (KLR)
✦ The claims are dismissed with no order on the costs.
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Peter Karogo v Babs Security Services Limited [2016] KEELRC 323 (KLR)
✦ The court awards the claimant Kshs. 57,399.50 in terminal dues and orders the respondent to pay the claimant's costs of the suit.
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Abdulkader M. Musani v Flora Printers [2016] KEELRC 280 (KLR)
✦ The employment contract was terminated before it matured to the state of gaining the protection and safeguards under the Employment Act, thus the termination was proper but without proper notice or compensation.
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Domiciano Kinyua Magambo & 5others v Invesco Assurance Company Limited [2016] KEELRC 91 (KLR)
✦ The Court finds the claims statute barred and lacks jurisdiction to entertain them.
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Benson Maina Mwangi v Babs Security Services Limited [2016] KEELRC 346 (KLR)
✦ Judgment is entered for the claimant for payment of terminal dues and costs of the suit.
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Mwinyi Kombo Stanley v Polo Auto Freight Forwarders [2016] KEELRC 294 (KLR)
✦ The termination was justifiable but lacking in fairness of procedure, and the Respondent shall pay the Claimant 4 months' salary in compensation for unfair termination and service pay.
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Paul Kiprop Chepkuto v University Council - Moi University & 2 others [2016] KEELRC 282 (KLR)
✦ The motion is dismissed with no order as to costs.
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John Mwaniki v Joshua Irungu & County Government of Laikipia [2016] KEELRC 311 (KLR)
✦ The Court dismisses the motion for interlocutory restraining order and costs are awarded to the respondent.
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Purity Mwonjoria Kamuruci v Nyandarua County Assembly Service Board [2016] KEELRC 344 (KLR)
✦ The interim order granting reinstatement is dismissed as it would amount to reinstatement without a hearing on the merits. The Court cannot confirm the interim order on the papers.
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Erasmus Omoiti Eroto v Board of Management Kapsoya Secondary School Eldoret [2016] KEELRC 149 (KLR)
✦ Service pay is not awarded as the Claimant is a member of a pension scheme. Unpaid leave is awarded for 7 days. Weekly rest days are awarded for 76,416.60 Shs. Overtime is awarded for 312,280.10 Shs. Public holidays are awarded for 9,977 Shs. Underpayments are awarded for 159,836 Shs.