Kenyan case law
-
Nzue & 3 others v Riverbank Solutions Ltd (Cause E543 of 2022) [2024] KEELRC 1842 (KLR) (12 July 2024) (Judgment)
✦ The Claimants are entitled to unpaid salaries and unremitted pension contributions. The Respondent’s Counterclaim against the 2nd and 4th Claimants is disallowed.
-
Ngure v Board of Management of Sigona Golf Club (Cause E286 of 2021) [2024] KEELRC 1821 (KLR) (12 July 2024) (Judgment)
✦ The Court finds that the Respondent is a proper party to the suit and that the Claimant's termination by redundancy was fair and lawful.
-
Kamau v Transit Company Limited (Cause 274 of 2020) [2024] KEELRC 1815 (KLR) (12 July 2024) (Judgment)
✦ Claimant's claim for compensation is declined, but awarded arrears of salary for November 2019 at Kshs. 100,000.
-
Jefwa v County Government of Kilifi & another (Petition 1 of 2023) [2024] KEELRC 1835 (KLR) (11 July 2024) (Judgment)
✦ The Petition is dismissed as the Petitioner's contract was a fixed-term contract that expired by euxion of time, and the reliefs sought are not available.
-
Tassia Catholic Primary & Nusery School v Kanini (Employment and Labour Relations Appeal E201 of 2022) [2024] KEELRC 1761 (KLR) (11 July 2024) (Judgment)
✦ The court held that the Appellant's decision to indefinitely suspend the Respondent from employment did not constitute constructive dismissal.
-
Otieno v Chemelil Sugar Company Ltd (Cause E013 of 2023) [2024] KEELRC 1795 (KLR) (11 July 2024) (Judgment)
✦ The Court held that the Respondent's conduct did not amount to constructive dismissal as the employee must prove the employer was responsible for introducing, enhancing, or permitting an intolerable condition.
-
Dock Workers Union – Kenya v Kenya Ports Authority (Cause E011 of 2023) [2024] KEELRC 2109 (KLR) (11 July 2024) (Judgment)
✦ The Court held that the respondent's handling of the new medical scheme is unlawful, null and void due to breach of the employee's contract of service.
-
Riley Falcon Security v Lumbete (Appeal E006 of 2023) [2024] KEELRC 1793 (KLR) (11 July 2024) (Judgment)
✦ The Court finds that the Respondent was unfairly terminated and the Trial Court's finding that the contract lapsed by euxion of time is incorrect.
-
Ndirangu v National Bank Of Kenya Limited (Cause E521 of 2022) [2024] KEELRC 1764 (KLR) (11 July 2024) (Judgment)
✦ The court found that the Respondent’s decision to terminate the Claimant’s employment was not unlawful and upheld the decision.
-
M’alane v Finalys Horticulture Kenya Ltd (Cause 417 of 2016) [2024] KEELRC 1779 (KLR) (11 July 2024) (Judgment)
✦ The court declares the dismissal wrongful, unfair, and unlawful and awards the claimant a total of Kshs105,646/=.
-
Okoyo v Whitty Wash Limited (Miscellaneous Application E026 of 2022) [2024] KEELRC 1804 (KLR) (11 July 2024) (Ruling)
✦ The corporate veil is lifted, and personal liability is imposed on the directors for the decree
-
Pandya t/a Ziwa Beach Resort aka Bamburi Beach Resort v Katana (Appeal E051 of 2023) [2024] KEELRC 1826 (KLR) (11 July 2024) (Judgment)
✦ Compensation for unfair termination of employment is awarded at kshs. 112,000, and one month salary in lieu of notice at kshs. 16,000, totaling kshs. 128,000.
-
Naliaka v Diamond Trust Bank Limited (Employment and Labour Relations Cause E059 of 2021) [2024] KEELRC 1748 (KLR) (11 July 2024) (Judgment)
✦ The termination was unfair and unjustified
-
Kiphinga v Kenya Power & Lighting Company Ltd (Cause E055 of 2023) [2024] KEELRC 1791 (KLR) (11 July 2024) (Judgment)
✦ The court has jurisdiction to enforce the Director's award and the claimant is entitled to the reliefs sought, except for the declaration that the Respondent committed an offence under WIBA.
-
Mwangi v Kenya Revenue Authority (Employment and Labour Relations Cause 148 of 2019) [2024] KEELRC 1792 (KLR) (11 July 2024) (Judgment)
✦ The court finds that the termination of the claimant's employment was not for a valid reason and that the respondent did not follow a fair procedure. The claimant is entitled to reinstatement and compensation.
-
Munene v Kahuthu & 3 others (Employment and Labour Relations Cause 017 of 2024) [2024] KEELRC 1798 (KLR) (11 July 2024) (Ruling)
✦ The bill of costs is set aside and remitted for re-taxation by a different Deputy Registrar based on the law expounded.
-
Mulei v Total Kenya PLC (Appeal E001 of 2023) [2024] KEELRC 1743 (KLR) (11 July 2024) (Judgment)
✦ The Appellant is entitled to payment of house allowance for the period November, 2019 to July, 2021 at the rate of 15% of the basic monthly salary, totaling Kshs. 122,850.
-
Naftali (Suing as the Legal Administrator and/or Representative of the Estate of the Late Monica Nafula Lucheli - Deceased) v County Government of Kakamega (Miscellaneous Case E001 of 2024) [2024] KEELRC 1781 (KLR) (11 July 2024) (Ruling)
✦ The application is held as premature as there is no suit to be filed by DOSH having made the award.
-
National Council of Churches of Kenya v Gachoki (Appeal E043 of 2021) [2024] KEELRC 1794 (KLR) (11 July 2024) (Judgment)
✦ The Respondent's dismissal was fair, and the contrary finding by the Trial Court is set aside.
-
Salim v Bhinder Corporation Limited (Appeal E063 of 2023) [2024] KEELRC 1827 (KLR) (11 July 2024) (Judgment)
✦ The Appellant did not demonstrate that he was an employee of the Respondent, and the appeal is dismissed.
-
Muthama v Leo Investment Limited (Employment and Labour Relations Appeal 10 of 2020) [2024] KEELRC 1797 (KLR) (11 July 2024) (Judgment)
✦ The learned magistrate erred in law and in fact by failing to make a finding that the manner of the Appellant’s termination was unfair and unlawful.
-
Akello v Clerk Migori County Assembly & another (Petition E012 of 2022) [2024] KEELRC 1737 (KLR) (11 July 2024) (Ruling)
✦ The Applicants' prayer for extension of time is allowed as prayed, and a stay of execution of the ruling of the Taxing Officer is granted.
-
Ogol & another (Suing as the legal representatives of the Estate of Ibrahim Oketch) v Badar Hardware Limited & another (Cause E116 of 2023) [2024] KEELRC 1828 (KLR) (11 July 2024) (Ruling)
✦ The 2nd Respondent's preliminary objection is dismissed with costs.
-
Kaloki v Kenya Pipeline Company Limited (Petition E059 of 2022) [2024] KEELRC 1834 (KLR) (11 July 2024) (Judgment)
✦ The court dismissed the petition as it failed to demonstrate that the instant petition meets the threshold developed in Anarita Karimi Njeru V Republic (Supra).
-
Summ v County Government of Nakuru & 3 others (Judicial Review E002 of 2024) [2024] KEELRC 1817 (KLR) (11 July 2024) (Ruling)
✦ The application is allowed and an order of mandamus is issued compelling the respondents to pay the applicant the judgment debt and costs.