Kenyan case law
-
Lung'atso v Hilwig (Cause 2516 of 2017) [2022] KEELRC 1375 (KLR) (4 July 2022) (Judgment)
✦ The Court finds the Claimant's employment commenced in March 2017, and the termination was unfair as no valid reason was provided and no fair procedure was followed.
-
University of Kenya v Jomo Kenyatta University of Agriculture and Technology & 6 others (Petition 112 of 2019) [2022] KEELRC 1198 (KLR) (4 July 2022) (Ruling)
✦ The court finds the applications merited and orders the 4th and 7th respondents to pay the outstanding dues by way of equal monthly instalments.
-
Nduu v Jayveer Enterprises Limited (Cause 1957 of 2012) [2022] KEELRC 1199 (KLR) (4 July 2022) (Ruling)
✦ The court orders that the firm of Kinyua Musyoki and Company Advocates issue a banker's cheque of Kshs.250,000/- to the firm of Mwinzi and Associates for onward transmission to the claimant. The fees payable to Mwinzi and Associates by the claimant is to be borne by Kinyua Musyoki and Company Advocates.
-
Tolo v Rafiki Micro-Finance Bank Limited & another (Cause 630 of 2017) [2022] KEELRC 1450 (KLR) (4 July 2022) (Ruling)
✦ The application is dismissed as lacking merit and the court orders the Respondent to file a response within 21 days.
-
Njoroge v Tea Board of Kenya (Appeal 80 of 2021) [2022] KEELRC 1373 (KLR) (4 July 2022) (Judgment)
✦ The appeal is dismissed without costs, and the cross appeal is allowed, with the order for costs set aside and the suit dismissed with costs.
-
Maiyo v Kenya Power & Lighting Company Limited (Cause 107 of 2021) [2022] KEELRC 1344 (KLR) (1 July 2022) (Ruling)
✦ The preliminary objection is upheld and the suit is time barred.
-
Akado v Bollore Africa Logistics Ltd & another (Cause 587 of 2017) [2022] KEELRC 1340 (KLR) (1 July 2022) (Judgment)
✦ The Court dismisses the claimant's suit and orders the respondents to bear their own costs.
-
Commission for Human Rights And Justice(Chrj v Kenya Shipyards Limited & 2 others (Petition 3 of 2022) [2022] KEELRC 1101 (KLR) (1 July 2022) (Ruling)
✦ The court sets aside the order dismissing the petition and allows the application for setting aside the orders.
-
Kenya Airline Pilots Association v Co-operative Bank Kenya Limited & another (Cause 78 of 2021) [2022] KEELRC 1761 (KLR) (1 July 2022) (Ruling)
✦ The court allows the claimant's application for review and varies the previous orders to grant the claimant leave to amend its pleadings.
-
Republic v College & 6 others; Osanjo (Exparte) (Judicial Review Application E004 of 2021) [2022] KEELRC 1102 (KLR) (1 July 2022) (Judgment)
✦ The Court finds the dismissal was not unfair and the applicant's constitutional rights were not violated.
-
Mukindia & 20 others v Kenyatta University (Cause 12 of 2020) [2022] KEELRC 12700 (KLR) (30 June 2022) (Ruling)
✦ Application dismissed without merit
-
Chemiati v Gillys Security & Investigation Services Ltd (Cause 2382 of 2016) [2022] KEELRC 1149 (KLR) (30 June 2022) (Judgment)
✦ The Court finds that the Claimant was an employee of the Respondent and that his termination was unfair.
-
Mayabilo v Goodlife Pharmacy Limited (Cause 580 of 2017) [2022] KEELRC 4115 (KLR) (30 June 2022) (Judgment)
✦ The claimant's dismissal was justified due to gross misconduct and summary dismissal was justifiable.
-
Kara v Medanta Africare Limited (Cause 11 of 2019) [2022] KEELRC 1361 (KLR) (30 June 2022) (Ruling)
✦ The application lacks merit and is dismissed.
-
Hassan v National Police Service Commission & 3 others; National Council for Persons With Disabilities ( (NCPW) (Interested Party) (Employment and Labour Relations Petition E032 of 2022) [2022] KEELRC 12717 (KLR) (30 June 2022) (Judgment)
✦ The court held that the petitioner's right to be retired at 65 years due to his disability has been violated.
-
Nyariro v Kenya Power & Lighting Co. Ltd (Cause E053 of 2021) [2022] KEELRC 1475 (KLR) (30 June 2022) (Judgment)
✦ The termination was unfair as the Claimant was not afforded procedural fairness as required by Section 41 of the Employment Act, 2007.
-
Kithunzi v Formax Insurance Brokers Limited (Cause 201 of 2016) [2022] KEELRC 1546 (KLR) (30 June 2022) (Ruling)
✦ The application for amendment is dismissed with costs
-
Kenya Private Workers Union v Zetech University (Cause E120 of 2022) [2022] KEELRC 4026 (KLR) (30 June 2022) (Ruling)
✦ The court declines the application and orders the parties to close pleadings and secure a hearing date.
-
Nyandarua County Assembly Service Board & another v Nyandarua County Assembly & 7 others; Muchiri & another (Interested Party); Njogu & 2 others (Contemnor) (Cause E007, E010 & E011 of 2021 (Consolidated)) [2022] KEELRC 1402 (KLR) (30 June 2022) (Ruling)
✦ The application is dismissed with no order of costs as the issues have been overtaken by events and the Contemnors have already been punished for contempt.
-
Imbuga v Nairobi Bottlers Limited (Cause 267 of 2020) [2022] KEELRC 4131 (KLR) (30 June 2022) (Judgment)
✦ The court found that the termination was wrongful and discriminatory, and ordered notice pay, accrued leave, and service pay.
-
Kenya Union Of Domestic, Hotels, Educational Institutions, Hospitals And Allied Workers Union v Gertrudes Children Hospital (Cause 1184 of 2016) [2022] KEELRC 4112 (KLR) (30 June 2022) (Judgment)
✦ Claims dismissed in their entirety
-
Kalo v Sacco Societies Regulatory Authority; Mwalimu National Savings & Credit Co-operative Society Ltd & 2 others (Interested Parties) (Petition E005 of 2022) [2022] KEELRC 1168 (KLR) (30 June 2022) (Ruling)
✦ Court lacks jurisdiction to hear the Petition due to exhaustion of appeal process and lack of employer-employee relationship.
-
Kariuki v New Palea Wholesallers Limited (Formerly Known as Paleah Store Limited) & another (Petition E137 of 2017) [2022] KEELRC 1451 (KLR) (30 June 2022) (Judgment)
✦ Petition dismissed as an abuse of process
-
Natabona v Tick Security Services Ltd (Cause 238 of 2016) [2022] KEELRC 1103 (KLR) (30 June 2022) (Judgment)
✦ The court finds for the Claimant and orders the Respondent to pay the following: one month salary in lieu of notice, ten months underpayment of salary/dues, unpaid housing allowance, payment in lieu of public holidays, unpaid overtime, payment in lieu of accrued leave days, and payment in lieu of unclaimed rest days.
-
Nzuki v Brother Shirts Factory Limited (Cause 206 of 2017) [2022] KEELRC 1762 (KLR) (30 June 2022) (Judgment)
✦ The Court found that the Claimant's employment was terminated verbally by the director of the Respondent, and that the termination was unfair.