Kenyan case law

Peter Ogecha v Kenyatta University [2021] KEELRC 1811 (KLR)

✦ The court excuses the delay and grants leave to amend the memorandum of claim.

David Kariuki Nderitu v Samchi Telecom Limited [2021] KEELRC 1994 (KLR)

✦ Termination was fair on procedure but unfair for lack of valid reason or reasons.

Charles Mirambo & 34 others v Chief Officer, Health Nyamira County & another [2021] KEELRC 2024 (KLR)

✦ The Cause is dismissed with costs to the Respondents.

Charles Chunge v Masinde Muliro University of Science and Technology [2021] KEELRC 2026 (KLR)

✦ The Court finds no merit in the Cause and dismisses it with costs to the Respondent.

Rita Achieng Onunga v Kibos Sugar & another [2021] KEELRC 2029 (KLR)

✦ The Court finds that the suspension of the Claimant was unlawful and awards her salaries during the suspension and salary in lieu of notice.

Kenya Union of Commercial, Food and Allied Workers v Khetia Drapers Limited [2021] KEELRC 2027 (KLR)

✦ The Court finds no merit in the cause and dismisses it.

Kakamega County Public Service v Kenya National Union of Nurses Board [2021] KEELRC 2014 (KLR)

✦ The Court dismissed the Motion for contempt of court as without merit and frivolous.

Butiya Nickson Wilson Isiji v Speaker, County Assembly of Vihiga & 2 others [2021] KEELRC 2020 (KLR)

✦ Petition dismissed; Petitioner is ordered to bear his own costs as a member of the County Assembly

Kenya Union of Sugar Plantation & Allied Workers v Butali Sugar Mills Limited [2021] KEELRC 2022 (KLR)

✦ The court finds that the mill cane tractor drivers are entitled to housing or an allowance to cover rent.

Kenya County Government Workers Union v County Public Service Board, Kisii [2021] KEELRC 2017 (KLR)

✦ The Court finds the cause of action statute time-barred and dismisses the cause.

Michel Kojo Otieno & another v Lameck Otieno Ogot & 3 others; Ethics and Anti-Corruption Commission (Interested party) [2021] KEELRC 1996 (KLR)

✦ The Court finds no merit in the Petition and dismisses it.

Mwaniki v Judicial Service Commission (Cause 1387 of 2017) [2021] KEELRC 2315 (KLR) (9 March 2021) (Ruling)

✦ The claimant is given 30 days to move the court and failure to which the suit shall stand dismissed

Kimanthi Mwanzwii & 56 others v Cactic International Limited [2021] KEELRC 2023 (KLR)

✦ The application for change of advocate is granted subject to full payment of the requisite fees to the outgoing advocate and/or any other suitable arrangement between the outgoing advocate and the incoming advocate. The earlier notice to Act in person is struck out having been withdrawn by the claimants.

Trailink Group Limited v Kenya Long Distance Truck Drivers and Allied Workers Union (Cause 2181 of 2014) [2021] KEELRC 2021 (KLR) (Employment and Labour) (5 March 2021) (Ruling)

✦ The court dismissed the recusal motion, finding no justifiable cause for recusal and that the court is not functus officio.

Gabriel Kahindi Kenga v Anglo Danish (Foods) Limited; Coast Anglo Meats Limited (Objector) [2021] KEELRC 2037 (KLR)

Michael Madara Ogot v University of Nairobi [2021] KEELRC 2019 (KLR)

✦ The court finds that the procedure was fair and in line with the law and the Respondent’s Procedure. There were valid reasons for the termination of the claimant’s appointment as Deputy Vice Chancellor Research. The claimant is entitled to the orders sought in the statement of claim.

Kenya Union of Commercial Foods and Allied Workers v National Social Security Fund; Salaries and Remuneration Commission (Objector) [2021] KEELRC 1989 (KLR)

✦ The court held that state corporations are not offices in the public service and that their remuneration and benefits are not drawn from the Consolidated Fund or money directly provided by Parliament.

Kenya Tertiary and Schools Workers Union (Ketaswu) v University Council University of Nairobi; Kudheiha Workers (Interested party) [2021] KEELRC 1979 (KLR)

✦ The Petitioner has locus standi to institute the petition and claim.

Kenya Union of Commercial Food and Allied Workers & another v Choppies Enterprises Kenya Limited & 3 others [2021] KEELRC 2008 (KLR)

✦ The court awards each of the 2nd claimants a total of Kshs.751,617.37

Duncan Mwangi & 9 others v Kenya Pipeline Company Limited; Kenya Petroleum Oil Workers Union (Interested Party) [2021] KEELRC 2016 (KLR)

✦ The Notice of Preliminary Objection is dismissed as it does not meet the threshold in Mukhisa Biscuit case and the court finds no merit in the grounds raised.

Edison Safari Kusa v NIC Bank (K) PLC [2021] KEELRC 2041 (KLR)

✦ The Court found that the termination was not lawful and fair, and ordered the reinstatement of the Claimant.

Martha Wangari Kariuki v Muli Musyoka & another [2021] KEELRC 2035 (KLR)

✦ The court found the termination to be unlawful due to sexual harassment and ordered the 1st Respondent to pay the Claimant Kshs. 519,192 in terminal dues and interest.

Mark Kipruto Arap Kuto v Anaali Kenya Limited [2021] KEELRC 2043 (KLR)

✦ The application for injunction and summary judgment is dismissed with no order as to costs.

Lilian Rhoda Adhiambo v Barclays Bank of Kenya [2021] KEELRC 2031 (KLR)

✦ The court granted the interlocutory injunction to restrain the respondent from charging any bank charges or interest rate on the mortgage loan facilities at 8.5% plus a margin of 4.00% or any other rate of interest save the allowed charges for staff accounts and the staff interest rate of 6.00% and 7.00%.

Peter Wangai v Egerton University [2021] KEELRC 2042 (KLR)

✦ The application is dismissed with costs to the claimant