Kenyan case law
-
Vincent Kathiari Kago & 88 others v Kenya Power & Lighting Company Ltd [2015] KEELRC 865 (KLR)
✦ The application is dismissed as the Industrial Court does not have the authority to transfer a suit filed in a court of higher status.
-
Kenya Union of Commercial, Food and Allied Workers v Meru Central Dairy Co-operative Union Limited [2015] KEELRC 102 (KLR)
✦ The court finds the termination unfair and orders the respondent to pay the grievant Kshs.156,000, issue a policy statement on sexual harassment, and pay costs.
-
Tabitha Masibo & another v Vegpro (K) Limited [2015] [2015] KEELRC 500 (KLR)
✦ The Court awards compensation for one month's pay in lieu of notice and service pay, but disallows claims for pay in lieu of leave and unfair dismissal.
-
Stephen M Onyiengo v J R S Group Security Ltd [2015] KEELRC 1528 (KLR)
✦ The claimant was unlawfully terminated and is entitled to the following remedies: 1 month salary in lieu of notice, service benefits, underpayment of wages, and 12 months salary as compensation for unfair termination.
-
Valentine Ndagu Khatiakala v Mahitaji Enterprises Limited [2015] KEELRC 239 (KLR)
✦ Claimant awarded compensation and notice pay, but no severance pay or leave granted
-
Transport Workers Union v Puma Wholsesalers Limited [2015] KEELRC 1634 (KLR)
✦ Application dismissed with costs to the Claimant / Respondent
-
Hussein Mohamed Awadh v First American Bank of Kenya Ltd [2015] KEELRC 242 (KLR)
✦ The suit is dismissed with no order as to costs.
-
Rosemary Khatonde Mulama v Indu Farm (EPZ) Limited [2015] KEELRC 190 (KLR)
✦ Claimant was a regular employee, not a casual one. Termination was not on medical grounds, but due to her own decision to stop working.
-
Jaqueline Kanja v Visa Cemea Holdings Limited [2015] KEELRC 1500 (KLR)
✦ The court declines to grant interim orders for reinstatement
-
Ishmael Otieno Ondigo v African Portland Cement Company Limited [2015] KEELRC 886 (KLR)
✦ The Court commutes the summary dismissal to normal termination of employment in terms of the contract of employment dated 30th November 2009. The Claimant is entitled to payment of two (2) months’ salary in lieu of notice, salary for the period of suspension, payment in lieu of leave for ten (10) years, and interest on the award.
-
John Kipchirchir Maritim v Ken Knit Kenya Limited [2015] KEELRC 730 (KLR)
✦ The dismissal was unfair due to procedural and substantive violations.
-
Heironim Opii Orukani v Chemelil Sugar Company Ltd [2015] KEELRC 1365 (KLR)
✦ The Court finds that the Claimant's employment was deemed converted to a term contract by operation of law and that the termination of his employment was unfair. The Court awards the Claimant one month pay in lieu of notice and 12 months wages compensation.
-
Jacob Joseph Onyango v John Ndungu Mureithi & another [2015] KEELRC 769 (KLR)
✦ The Court finds the termination of the Claimant's employment was unfair and awards him compensation for notice pay, wages, underpayments, overtime, and compensation.
-
Loice Wairimu Kamau v George Kangara Githigia & 2 others [2015] KEELRC 721 (KLR)
✦ The Claimant is entitled to Kshs 43,992/- for annual leave and house allowance.
-
Hawkins Wagunza Musonye v Rift Valley Railways Kenya Limited [2015] KEELRC 950 (KLR)
✦ The ex parte orders were not in the nature of extension of time and the Court did not enlarge the 3-year period given under Section 90 of the Employment Act. The Court declared the claim was within time and removed the applicant's apprehension of being time-barred.
-
John Mugo Murumia v Attorney General [2015] KEELRC 1175 (KLR)
✦ The court finds that the claimant was not entitled to further gratuity under the CBA as claimed.
-
Thomas Odol Ojwang v Kenol Kobil Limited [2015] KEELRC 816 (KLR)
✦ The termination was unfair as it lacked procedural fairness and justification
-
James Macharia Tuamu v James Macharia Tuamu [2015] KEELRC 1492 (KLR)
✦ The court finds that the termination of the Claimant's employment was unlawful and unfair, and awards him compensation for wrongful termination, service gratuity, notice pay, and leave pay.
-
Thomas Barkasiam Miningwo v Egerton University [2015] KEELRC 1416 (KLR)
✦ The dismissal was fair and the claim based on unfair termination is dismissed.
-
Steven George & 64 others v Kaisugu Limited & 2 others [2015] KEELRC 1298 (KLR)
✦ The court adopted the amended computations filed by the petitioners, confirming the entitlement to compensation and declaring the conduct of the respondent unlawful.
-
Ezekiel Otiende & 2 others v Principal Secretary, Ministry of Interior and Cordination of National Government & another [2015] KEELRC 1262 (KLR)
✦ The court orders the 1st respondent to start paying the claimants' benefits including salaries pending the hearing and determination of the claim.
-
Kenya Union of Journalists v Kenya Broadcasting Corporation & another [2015] KEELRC 413 (KLR)
✦ The court finds the application meritorious and allows it, reinstating the applicant's claim for hearing.
-
Joseph Thuku Muchira v Chai Co-operative Savings & Credit Ltd [2015] KEELRC 461 (KLR)
✦ Suit dismissed due to statute bar under section 90 of the Employment Act.
-
Thomas Sila Nzivo v Bamburi Cement Limited [2015] KEELRC 1429 (KLR)
✦ Respondent's application for stay of execution is dismissed.
-
Harrison Ephantus Mucoya v Beveva Parts & Accessories Limited [2015] KEELRC 1425 (KLR)
✦ The Claimant's employment was unfairly terminated, and he is entitled to compensation and other reliefs.