Kenyan case law

Timothy Njonjo Nyambura v Kabete Diary Co-op Ltd [2015] KEELRC 290 (KLR)

✦ Claimant is entitled to compensation for unfair dismissal, one month salary in lieu of notice, and severance pay.

George Kigudwa Mulwale v Tintoria Limited [2015] KEELRC 1407 (KLR)

✦ Dismissal was unfair and compensation awarded

Thomas Mutevu Kitetu & 2 others v Izaak Walton Inn [2015] KEELRC 96 (KLR)

✦ The court finds that the termination was unlawful and unfair, and the claimants are entitled to terminal dues and compensation.

Grace Kathure Mugwika v Registered Trustees Of Anglican Church Of Kenya (A.C.K) [2015] KEELRC 1530 (KLR)

✦ The claimant was found to be unfairly terminated and awarded 8 months gross salary as compensation in the sum of Kshs 376,832/=.

Henry Ochido v NGO Co-ordination Board [2015] KEELRC 150 (KLR)

✦ The court found that the Respondent did not violate the petitioner's rights, the petitioner was not unfairly treated, and the case was not a case of constructive dismissal.

Stephen Chase Kisaka v Emirates Airline Limited [2015] KEELRC 1264 (KLR)

✦ The court granted the application for an interlocutory injunction.

Yakub Ibrahim v International Committee of the Red Cross [2015] KEELRC 32 (KLR)

✦ Claimant's suit is struck out due to Respondent's immunity under the Headquarters Agreement.

Thecla Mokeira Onyancha v Kenya Wildlife Services [2015] KEELRC 211 (KLR)

✦ The court finds that the termination was for a valid reason and was effected in terms of a fair procedure, but the plaintiff is not entitled to compensation.

Khilan Chandulal Shah & another v Attorney General Proposed Interested Party Commission [2015] KEELRC 385 (KLR)

Grace Njura Ireri v Ketnno Sacco Limited [2015] KEELRC 760 (KLR)

✦ The court finds that the claimant's application was founded upon misleading ground and dismisses the notice of motion.

George Kamau Ndiritu & another v Intercontinental Hotel [2015] KEELRC 722 (KLR)

✦ The relationship between the Claimants and the Respondent was not one of employee/employer. Rather, the Claimants were Independent contractors and as such, are not entitled to benefits ordinarily available to employees.

Taura Mwagogo Anderson v Teachers Service Commission [2015] KEELRC 1426 (KLR)

✦ The Claim is hereby struck out, with costs to the Respondent.

Samuel Mwangi Maragua v Co-Operative Bank Savings and Credit Society Ltd [2015] KEELRC 1075 (KLR)

✦ Summary dismissal upheld, claimant entitled to one month's salary in lieu of notice, Kshs 42,900 in lieu of leave days, and other withheld benefits.

Samuel Moyaki v Catering & Tourism Development Levy Trustees [2015] KEELRC 1194 (KLR)

✦ The Court found in favor of the Respondent, ruling that the termination was lawful and that the Claimant was not entitled to the claimed damages.

Hamisi Bakari v Hotel Sapphire Limited [2015] KEELRC 1339 (KLR)

✦ The court declares the respondent's treatment of the claimant as unfair labor practice and violates Article 41 of the Constitution of Kenya. The respondent is ordered to pay the claimant annual leave pay, service pay, and 16 days' salary and house allowance.

Silvester Tom Masare v Cabinet Secretary, Ministry Of Defence & 6 others [2015] KEELRC 1639 (KLR)

✦ The Court held that the action by the Defence Council was lawful and constitutional.

Samuel Kipchumba Kaptoge v Moi Teaching & Referral Hospital [2015] KEELRC 729 (KLR)

✦ The suspension was found to be unfair, inequitable, and unlawful. The decretal sum has been fully settled, and the Respondent is ordered to meet the auctioneer's charges.

Frederick Kariuki Kamau v Bank of India [2015] KEELRC 1070 (KLR)

✦ The dismissal was summary, not voluntary. The resignation was rejected by the Respondent.

George Kuria Kamanda v Teachers Service Commission & another [2015] KEELRC 973 (KLR)

✦ Claimant's retirement date was June 2008, and he could not benefit from the 2009 circular reviewing the retirement age from 55 to 60 years.

Humphrey Riungu Mukira v Speed Steam World Ltd [2015] KEELRC 903 (KLR)

✦ The dismissal was unfair and wrongful, and the claimant is awarded one month salary in lieu of notice, salary arrears, service pay, leave pay, and compensation for unfair termination.

Stephen Karugo Njagi v Jane Wanjiku Gitau [2015] KEELRC 1276 (KLR)

Francis Mukwana Tsama v Kwale International Sugar Co. Ltd [2015] KEELRC 620 (KLR)

✦ The dismissal of the Claimant was unfair and unjustified

Farida Shaeen v Highlands Mineral Water Company Ltd [2015] KEELRC 1438 (KLR)

✦ The Respondent's appeal is arguable and the Court grants a stay of execution pending appeal, releasing 50% of the decretal sum to the Claimant

Samson Kimani Gachara v Auto Springs Manufacturers Limited [2015] KEELRC 1393 (KLR)

✦ The Court found that the termination was unlawful and unfair.

Huko Guyoo Boru & 20 others v Delamere Estates [2015] KEELRC 1091 (KLR)

✦ The Court strikes out the claim as statute barred and an abuse of the court process.