Kenyan case law
-
Arthur Kamariyagwe v Archdiocese of Nyeri Consolata Hospital Mathari [2019] KEELRC 161 (KLR)
✦ Claimant was entitled to six months salary as notice, three months salary as compensation, and costs of the suit.
-
Newton Muriithi Murangiri v PJ Dave Flowers Limited [2019] KEELRC 241 (KLR)
✦ The dismissal was lawful and procedurally fair, and the suit is dismissed with costs.
-
Nurwin Fozia Rajab v Nzoia Sugar Company Limited [2019] KEELRC 236 (KLR)
✦ The court found that the termination was not for a valid reason and that a fair procedure was not followed.
-
Charles Otieno Okaka v Ndugu Transport Company Limited [2019] KEELRC 163 (KLR)
✦ The claimant's claim is dismissed as he failed to prove his employment from 2007 and had a record of absenteeism.
-
Martin Kabubii Mwangi v County Government of Laikipia [2019] KEELRC 219 (KLR)
✦ The court finds the suit non-starter and strikes it out with no order as to costs.
-
Kenya Plantation & Agricultural Workers Union (K.P.A.W.U) v Kionyo Tea Factory [2019] KEELRC 75 (KLR)
✦ The motion is dismissed with costs to the respondent. The suit was dismissed due to being filed out of time under Section 90 of the Employment Act, and it cannot be revived.
-
Muthama Maithya v A.O Basid Limited [2019] KEELRC 89 (KLR)
✦ The dismissal was found to be unfair and unjustified, and the Claimant is awarded 10 months' salary as damages.
-
Nelly Njeri Muchiri & another v County Secretary, Embu & another [2019] KEELRC 205 (KLR)
✦ The suit is dismissed with no order as to costs.
-
Julius Otieno v The National Police Service [2019] KEELRC 18 (KLR)
✦ Petition dismissed with no order as to costs
-
Mwangi Odhiambo Dancun v Crest Security Services Limited [2019] KEELRC 202 (KLR)
✦ The Claimant is entitled to compensation and remedies as awarded
-
Benard Muthoka Wambua v Bahari Forwarders Ltd [2019] KEELRC 193 (KLR)
✦ The dismissal was lawful and fair, and the Claimant is not entitled to the remedies sought.
-
Daudi Msagha v Auto Continental Limited [2019] KEELRC 204 (KLR)
✦ The claimant is entitled to six months' salary in compensation and one month's salary in lieu of notice.
-
Charles Muthama v Wananchi Group (K) Limited [2019] KEELRC 55 (KLR)
✦ The court finds that the employer was mandated by law to deduct tax and remit to Kenya Revenue Authority for any payments due to the employee.
-
David Githaka Gaichu & 129 others v Tharaka Nithi County Government & another [2019] KEELRC 235 (KLR)
✦ Suit dismissed, each party to bear their own costs
-
James Kinene Muraguri v Raffia Bags (East Africa) Limited [2019] KEELRC 166 (KLR)
✦ Respondent's application to reopen the case is disallowed with costs to the Claimant
-
Republic v Isaiah Kubai & another; Commission on Administrative Justice (Interested Party) Ex-Parte Duncan Muthusi [2019] KEELRC 43 (KLR)
✦ The Court grants leave to enforce the CAJ's order as a decree of the Court.
-
Kenya Petroleum Oil Workers Union v National Chairman, Kenya Petroleum Oil Workers Union & 2 others [2019] KEELRC 216 (KLR)
✦ The Court finds that Raphael Olala should be the mandatory signatory to the union's bank account and that the 1st and 2nd Respondent have met the threshold for issuance of the orders sought.
-
Benson Otieno Dacho v Ellams Products Limited [2019] KEELRC 212 (KLR)
✦ The Court finds the termination unfair and awards 2 months' pay, severance pay, and compensation for unfair termination.
-
Ochanda & another v Judicial Service Commission & 2 others (Cause 2046 of 2015) [2019] KEELRC 254 (KLR) (29 November 2019) (Judgment)
✦ The claimants' employment terms did not convert from casual to permanent employment under Section 37 of the Employment Act, 2007. The claimants' employment was not unfairly and unlawfully terminated. The claimants' constitutional rights were not violated. The claimants are not entitled to the reliefs sought.
-
Ondicho Meshack Rakamba v Kuldip Singh & 4 others [2019] KEELRC 48 (KLR)
✦ The 1st to 4th Respondents are properly suited as agents of the 5th Respondent and contributed to the dismissal. The 5th Respondent unprocedurally dismissed the Claimant, and he is entitled to notice pay, compensation for unfair dismissal, and a Certificate of Service.
-
Juliet Ndinda Kitavi v Nation Media Group Limited [2019] KEELRC 85 (KLR)
✦ Termination was unfair and unlawful
-
Kenya Union of Pre-Primary Education Teachers v Jane Litunya & another [2019] KEELRC 251 (KLR)
✦ The court directs the respondents to surrender the union documents to the applicant union.
-
Dismus Mogaka Gichana v Kip Plast Limited [2019] KEELRC 170 (KLR)
✦ Claimant's evidence is contradictory and inconsistent, and the Court finds it insufficient to establish the claims and prayers.
-
Kenya Private Universities Workers Union v Don Bosco Utume Salesian Theological College [2019] KEELRC 176 (KLR)
✦ The Court finds that the Claimant has locus standi and dismisses the Respondent's objection. The Court also finds no evidence of misrepresentation, fraud, or coercion in the recruitment of members. The Respondent is under obligation to deduct dues for 5 employees and cannot be compelled to remit dues for 17 employees. The Claimant has five members, which is insufficient to compel the Respondent to recognize the union.
-
Jeff Karingo Njagi v Energy4 Impact [2019] KEELRC 221 (KLR)
✦ The claimant is deemed to have been confirmed in permanent and pensionable service after the lapsing of the 6 months probationary service. The respondent will pay the claimant 3 months' salary and pension contribution from 13.08.2018 to end of the 3 months' notice. The respondent will pay 25% of the claimant's costs of the suit.