Kenyan case law

Stephen Were v Wamuti Distributors Limited [2020] KEELRC 1319 (KLR)

✦ The dismissal was unlawful as the probation period was not extended and the Claimant was not given notice of termination.

Timothy Ikaale Kotol & 2 others v Mogotio Constituency Development Fund Committee & another [2020] KEELRC 610 (KLR)

✦ The court found the termination of employment to be unfair and awarded notice pay and compensation to the claimants. The court also ordered the issuance of a certificate of service and directed the Skyline Sacco to provide the claimants with their statement of payments.

Everlyn Cherotich Maiyo v Kenya Commercial Bank Limited & another [2020] KEELRC 320 (KLR)

✦ The application is allowed with terms, including setting aside the directions for formal proof, extending time for filing defence, and condemning the applicant to pay thrown-away costs.

Jonathan Nzioka Mutiso v Nzuki Mwinzi & another [2020] KEELRC 1425 (KLR)

Stephen Gachau Murage v Guardian Bank Limited [2020] KEELRC 1224 (KLR)

✦ Claimant's claim for gratuity is dismissed as he was paid according to the bank's terminal benefit scheme.

Geoffrey Kiprotich Sang v Chairman, Board of Directors National Water Harvesting and Storage Authority & another [2020] KEELRC 351 (KLR)

✦ No proof of violation of Petitioner's constitutional rights and freedoms.

Stephen Nduati Kagombe v Nanchang Foreign Engineering Company Kenya Limited [2020] KEELRC 486 (KLR)

✦ The Court found that the Claimant was not summarily dismissed and that the Respondent did not issue a warning letter prior to his termination.

Thomas Ekamais Akuja v Turkana University College Council [2020] KEELRC 110 (KLR)

✦ The court dismisses the application without merit due to lack of jurisdiction.

Felister Nduku Nzaku v Joyce Wairimu Gitau [2020] KEELRC 821 (KLR)

✦ The application has merit and is allowed, but the breaking order is stayed for 30 days with a condition that the respondent pays Kshs. 150,000.00 within that period.

Waithira Muthaka & 3 others v Forest Coffee Estate & another [2020] KEELRC 1491 (KLR)

✦ The Court found that there was a contract of employment between the Claimants and the 1st Respondent.

Hamisi Chaka Kengo v Guard Force Group Limited [2020] KEELRC 638 (KLR)

✦ The Claimant's dismissal was not wrongful, and the claims for compensation and notice pay are dismissed. The Claimant is entitled to leave pay for 2 years and service pay for 2 years.

Sarah Adhiambo Awiyo & 2 others v G4S Kenya Limited [2020] KEELRC 1470 (KLR)

✦ The redundancy of the Claimants was unfair and unlawful.

Jane Angila Obando v Teachers Service Commission & 2 others [2020] KEELRC 1391 (KLR)

✦ The Court finds that the applicant has established a prima facie case warranting the grant of the order sought.

Rose Sang v Siginon Group Limited [2020] KEELRC 990 (KLR)

✦ The application is dismissed.

Gideon Inzayi Madahana v Session Clerk & another [2020] KEELRC 255 (KLR)

✦ The Court finds in favor of the Claimant, ordering the Respondents to pay the sum of Kshs. 206,828 in costs and the balance of the principal sum, together with accrued interest, in monthly instalments of Kshs. 150,000 starting from February, 2021.

Thomas Mboya Otondo v Special Ministries [2020] KEELRC 191 (KLR)

✦ Claimant's termination was unfair due to non-compliance with Employment Act provisions.

Sammy Muthui Musyimi v Pwani Oil Products Limited & another [2020] KEELRC 577 (KLR)

✦ The Claimant was found to be a regular employee, and his employment was unlawfully terminated. The Claimant is awarded 8 months' salary in compensation, 1 month's salary in lieu of notice, leave pay for 3 years, and prorata leave for 3 months.

William Onyango v Ainsworth Street Primary School & another [2020] KEELRC 1063 (KLR)

✦ The termination of the Claimant's employment was unfair and the Court awards severance pay, August 2011 wages, and pay in lieu of notice.

Wiiliam Likuyi Ombonya v Abdul Kadir t/a Mohammadi Glass and Hardware [2020] KEELRC 133 (KLR)

✦ The Motion is dismissed with costs to the Claimant due to inordinate delay and lack of proof of the Respondent's payments.

Gideon Muteti Njau v Brookside Dairy Limited [2020] KEELRC 1368 (KLR)

✦ The Court of Appeal found that the Appellant failed to establish his case beyond a balance of probability and upheld the trial court's decision.

Francis Mwangi Chege v Shepherd Catering Limited [2020] KEELRC 1706 (KLR)

✦ Claimant established his case and is awarded 1 month salary in lieu of notice, 10 months' salary as compensation for unlawful termination, totaling Kshs. 214,500.

Henry Waruku v Pride Kings Security [2020] KEELRC 1213 (KLR)

✦ Application is dismissed with no order as to costs

Sheila Waruguru Githaiga v Governor, Nyeri County & another [2020] KEELRC 935 (KLR)

✦ The application is dismissed with costs to the 1st and 2nd Respondents.

Kenya Hotels and Allied Workers Union v Anoop Garg & 2 others [2020] KEELRC 706 (KLR)

✦ The court held that the grievants were declared redundant unprocedurally and thus entitled to the remedies sought.

Hildah Wanjiku Waweru v Bidwood Suites Hotel Limited [2020] KEELRC 1426 (KLR)

✦ The Appellant's termination was unfair and unjustified, and the trial court erred in finding that the parties were strictly bound by the terms of the contract.