Kenyan case law
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Gerald Omullo Okinyo v Safepak Limited [2015] KEELRC 121 (KLR)
✦ Dismissal was unfair and unwarranted; converted to a normal termination
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Sylvester Wafula Wekesa v Security Guards Services Limited [2015] KEELRC 718 (KLR)
✦ Termination was unfair and invalid.
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Wisely Patrick Simasi & 8 Others v Lamathe Hygiene Food [2015] KEELRC 1452 (KLR)
✦ The summary dismissal of the claimants was declared unfair and they were ordered to be paid one month salary in lieu of notice, 63 leave days, and 3 months salary as compensation for unfair termination.
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Jane Kabunyi v Board of Governors - Kamirithu Primary School [2015] KEELRC 1127 (KLR)
✦ this court finds that the termination was not lawful and fair
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Stanslaus G. Motte v Bamburi Cement Ltd [2015] KEELRC 1599 (KLR)
✦ Application for review dismissed
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Jared Juma v Kenya Broadcasting Corporation & 2 others [2015] KEELRC 1526 (KLR)
✦ The court finds that the applicant has an arguable appeal and that the stay of execution is necessary to avoid irreparable harm.
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Jane A Ogoti v Kenya Commercial Bank Limited [2015] KEELRC 396 (KLR)
✦ The Court finds no valid reasons for the termination of the Claimant for gross misconduct and that she was not given a fair hearing.
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George Muteti v Express DDB Kenya [2015] KEELRC 256 (KLR)
✦ Claimant's contract of employment dated 15th November 2012, backdated to 15th November 2011, is valid and enforceable.
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Jennifer Waithira Mwangi v Gikuru Kazibwe & Company & another [2015] KEELRC 377 (KLR)
✦ The Court finds the Claimant was unfairly terminated without notice or hearing as provided under Section 41 of Employment Act. The termination was unfair and unjustified in terms of Section 45 of Employment Act. The Claimant is awarded 1 month salary in lieu of notice, 12 months salary as damage for unlawful termination, and service pay for 7 years.
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Fredrick Kasee Kimanthi v Kassam Hauliers Limited [2015] KEELRC 201 (KLR)
✦ The court finds that the dismissal was wrongful and unfair, and awards damages and compensation to the claimant.
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Fredrick Otieno Okeyo v Menengai Oil Refineries Ltd [2015] KEELRC 911 (KLR)
✦ The Court found the dismissal unfair and ordered the Respondent to pay the Claimant one month's pay in lieu of notice and 12 months' wages as compensation for unfair termination.
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Hunters Ship Chandlers & General Contractors v Francis Ochumbo Mbuya [2015] KEELRC 1453 (KLR)
✦ The Court refused the stay of execution and lifted the interim stay of execution given at the High Court, allowing the Respondent to execute the judgment.
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Kudheiha Workers Union v Gerald Mwangi [2015] KEELRC 1199 (KLR)
✦ The sum awarded in the original judgment is corrected to Kshs. 60,000.
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Robert Cheruiyot v Teachers Service Commission & another [2015] KEELRC 555 (KLR)
✦ The 1st Respondent's advertisement of 2nd June 2015 in which 16 teachers who left the service permanently in Koibatek will not be replaced amounts to discrimination contrary to Article 27(4) of the Constitution
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James Nyangiye & Others v Attorney General of the Republic of Kenya [2015] KEELRC 1489 (KLR)
✦ The court restated the award and ordered the Respondent to pay specific amounts to each claimant within 60 days.
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Simon Ngugi Kamau v Silpack Industries Limited [2015] KEELRC 1361 (KLR)
✦ The claim is dismissed as the dismissal was justified due to long absence from work without justification, and there was no constructive dismissal or unfair treatment.
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Transport Workers Union v African Safari Adventure [2015] KEELRC 1458 (KLR)
✦ Claimant did not prove she recruited a simple majority of respondent's unionisable staff, so the prayer for recognition and injunction is declined. However, the claimant is granted the prayer for implementation of check-off deductions.
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Francis Recoder Agunda v Gogni Rajope Const Ltd & another [2015] KEELRC 1647 (KLR)
✦ The court found the termination to be unjustified and ordered the Respondent to pay severance pay, three months' salary in lieu of notice, and damages for wrongful dismissal.
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Evans Muchangi Mureithi v J B Drilling Kenya Ltd [2015] KEELRC 1290 (KLR)
✦ The termination of Claimant’s position was unfair
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Samson Makamu Luvutse v Nakuru Spare House Ltd [2015] KEELRC 1479 (KLR)
✦ The Court finds and holds that the Claimant was a general labourer, the Claimant's services were unfairly terminated, and awards him and orders the Respondent to pay him one month wage in lieu of notice, underpayments, and 7 months wages compensation.
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Henry Nyakoe Obuba v National Police Service Commission & 3 others [2015] KEELRC 226 (KLR)
✦ The court dismisses the notice of preliminary objection and invites parties to take further steps
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Kenya Game Hunting & Safari Workers Union v Enasoit Ranching Limited & 2 others [2015] KEELRC 1153 (KLR)
✦ The court finds that the claimant is entitled to the remedies as prayed for, including the deduction and remission of union dues and the restraint of victimization.
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Evans Peter Adoyo v Managing Director of Panari Hotel [2015] KEELRC 812 (KLR)
✦ The Court is satisfied that the termination was not for valid reasons and that the termination process was not fair.
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Stanley Mombo Amuti v National Water Conservation & Pipeline Corporation [2015] KEELRC 1560 (KLR)
✦ The application for stay of execution pending appeal is dismissed with costs.
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Nebert Bernard Muriuki v Multimedia University of Kenya [2015] KEELRC 268 (KLR)
✦ The Court held that the termination of the Claimant's employment was procedurally unfair and unjust, and that he was underpaid.