Kenyan case law

Koriang David Echuman v County Government Of Turkana & 2 others [2021] KEELRC 2339 (KLR)

✦ The Court finds the claims without merit and dismisses them with costs

Julius Kimutai Lagat v Sirikwa Quarry Ltd [2021] KEELRC 2323 (KLR)

✦ Claimant was entitled to notice and compensation for unfair termination.

Christine Wambui Kagai v Langata Hotel Development Limited & 3 others [2021] KEELRC 1967 (KLR)

✦ The Respondents' application is granted. The Respondents are ordered to file a fresh defence as the Court takes the previous defence which was struck out as the draft defence. The Respondents are also ordered to pay Kshs. 20,000/- in costs to the Claimant's Counsel within 14 days of today.

Edwin Ochar & 3 others v Habo Group of Companies & another [2021] KEELRC 2003 (KLR)

✦ The court declared termination unfair and ordered the 2nd Respondent to pay severance, notice, and compensation for unfair termination to the claimants.

Patrick Wafula Ogana v Kingway Tyres Limited [2021] KEELRC 1958 (KLR)

✦ The suit survives the motion with directions for its disposal within 40 days of this ruling.

Joseph Gachoka v Kisiwa Guest House Lodge Ltd [2021] KEELRC 1982 (KLR)

✦ The ex-parte judgment is set aside, and the matter is heard on merit.

Moses S Mwatemo v Salama Beach Hotel Limited; NCBA Bank (K) PLC (Formerly NIC Bank & another (Garnishee); Temple Point Resort Limited (Objector) [2021] KEELRC 1993 (KLR)

✦ The Court dismissed the objection application and issued a garnishee order absolute against the respondent's bank accounts.

Dominic Murage & 4 others v Richard M Bosire & 6 others [2021] KEELRC 1995 (KLR)

✦ Application allowed, interim injunction issued

Commission for Human Rights and Justice v Michelle Bibi Fondo & 2 others [2021] KEELRC 2004 (KLR)

✦ The Court finds the petitioner to be a non-governmental organisation and entitled to sue. The 3rd respondent is a necessary party to the dispute. The 3rd respondent is not involved in the recruitment, approval, and appointment of the County Attorney.

Daniel Omondi Ogada & 2 others v County Assembly of Homabay & 2 others [2021] KEELRC 2007 (KLR)

✦ Application dismissed with costs

Matinde & 9 others v Migori County Government & another (Cause 36 of 2020) [2021] KEELRC 2428 (KLR) (11 March 2021) (Ruling)

✦ The Court consolidates the two matters and directs that the prevailing status quo be maintained pending the hearing and determination of the main suit.

Joseline Marangu v Chase Bank [Kenya] Limited [in receivership] & 2 others [2021] KEELRC 1980 (KLR)

✦ Termination was based on valid redundancy reason, but flawed on procedure

Bernard Asuma Isoe v Tombe Tea Factory Company Limited [2021] KEELRC 2013 (KLR)

✦ The appeal was filed timeously and should be heard and determined by the ELRC.

Pius Mulongo v Principal St. Lukes Boys High School - Kimilili & another [2021] KEELRC 2001 (KLR)

✦ The court declares the dismissal unfair and awards compensation and severance pay.

Kenya National Private Secureity Workers Union v Guard Force Security Limited [2021] KEELRC 1985 (KLR)

✦ The Court finds the respondent violated Sections 36, 40, 41, and 45 of the Employment Act, 2007. The claimant is entitled to compensation for unlawful and unfair termination.

Jonah Ramogi Oduya v Tradewinds Aviation Services Limited [2021] KEELRC 1473 (KLR)

✦ The court found the termination unlawful, unfair, and wrongfully, and ordered the respondent to pay damages and other remedies.

Marita Mmoji Agufana v Wilber Ottichilo & 2 others [2021] KEELRC 2011 (KLR)

Lukas Mukunga Mutuku & 30 others v Kenya Union of Commercial Food and Allied Workers [2021] KEELRC 2005 (KLR)

✦ The court strikes out the application with costs

Direct Pay Limited v Marion Khasoa Stevens [2021] KEELRC 1486 (KLR)

✦ The court found that the non-compete clause was not enforceable due to the passage of time and the respondent's resignation, and thus denied the application for an injunction.

Samuel Gacheha Chege v Kenya Women Microfinance Bank [2021] KEELRC 1803 (KLR)

✦ The Court dismissed the application, finding that the Respondent was entitled to set off the loan balances against the terminal dues.

Chrispinus Likuyuni Lumiti & another v County Chief Officer Public Service, Kakamega County &3 others [2021] KEELRC 2010 (KLR)

✦ The previous order is set aside, and the case is remanded for hearing on the merits.

Nicodemus Akumu Nyangeri & 7 others v County Government of Kisii & another [2021] KEELRC 1997 (KLR)

✦ The Court lacks jurisdiction to entertain the matter and strikes out the suit for want of jurisdiction.

Mwendabole v Protective Custody Limited (Miscellaneous Civil Cause E020 of 2020) [2021] KEELRC 1809 (KLR) (11 March 2021) (Ruling)

✦ The court has the inherent jurisdiction to adopt as judgment the Director’s award for purposes of execution.

Peter Kingoina v County Assembly of Nyamira [2021] KEELRC 2006 (KLR)

✦ The claimant failed to prove his claim on a balance of probabilities and the suit is dismissed in respect of prayer 24(d) (i) to (d).

Patrick Myamba, Simon Musembi, Richard Oduor & 47 others v Afro Plastics (Kenya Ltd) [2021] KEELRC 2322 (KLR)

✦ The court's judgment was upheld, and the appeal was dismissed.