Kenyan case law

Kenya County Government Workers Union v Nairobi City Water & Sewerage Company Limited [2019] KEELRC 2130 (KLR)

✦ The Court finds and holds that the termination of the Grievants employments were lawful.

Andrew Nyawade Omondi & another v Plan International Inc [2019] KEELRC 1967 (KLR)

✦ The termination of service was unfair and each claimant is awarded six months' salary as compensation for unfair termination of service.

Duncan Mwagogo Mwaviswa v Adix Plastics Limited [2019] KEELRC 2149 (KLR)

✦ The dismissal was found to be unfair and the Claimant was awarded compensation and pay in lieu of notice.

Alfred Nyungu Kimungui v Bomas of Kenya Limited [2019] KEELRC 2127 (KLR)

✦ The dismissal was justified due to the Claimant's misconduct, and the process followed the Employment Act.

Okiya Omtatah Okoiti v Cabinet Secretary Ministry of Health & 2 others [2019] KEELRC 2135 (KLR)

✦ The Court declines the application to reinstate the petition and each party bears their own costs.

Kenya Shoe and Leather Workers Union v HR Strategic Partners Limited [2019] KEELRC 1948 (KLR)

✦ The court finds the claim without merit and dismisses it.

Republic v Cabinet Secretary, Ministry of East African Community and Regional Development; Ewaso Ng’iro North Development Authority & another (Interested Parties) Exparte Omar Mohammed Sheikh [2019] KEELRC 2111 (KLR)

✦ The Court found that the Respondent did not take into account the State Corporations Act and the Ewaso Ng’iro North River Basin Development Authority Act in declining the applicant’s reappointment.

Andrew Muchiri v Kenya Airways Limited [2019] KEELRC 1913 (KLR)

✦ Claimant's claim for transport expense allowance is dismissed, but redundancy dues are paid as computed.

Benjamin Muoki Katunge v Dodo World Kenya Limited [2019] KEELRC 1940 (KLR)

✦ Court finds termination procedurally unfair and unproven, awards compensation

Peter Mwangi v Kiu Construction Company Ltd [2019] KEELRC 2113 (KLR)

✦ The Court finds that the termination of the Claimant's employment was unfair and unlawful.

Daniel Piranto Ole Nchani v Ministry of Interior and National Co-ordination & another [2019] KEELRC 2110 (KLR)

✦ The Petitioner was not entitled to pension benefits as he was employed as a temporary employee, not a permanent one.

Okiya Omtatah Okoiti v President of Kenya & 2 others; Kennedy Ogeto (Interested Party) [2019] KEELRC 1955 (KLR)

✦ The court finds the appointment invalid and directs the case to be mentioned before another judge.

Paschal Khatono Mafwiri v Bob Morgan Services Limited [2019] KEELRC 2138 (KLR)

✦ The termination of the Claimant's employment was tainted with procedural unfairness and the reasons given were not valid and fair.

John Ndungu Mukora v H Young & Company (Ea) Ltd [2019] KEELRC 1896 (KLR)

✦ The dismissal was procedurally unfair and the claimant is entitled to notice pay of Ksh.75,116.

Lilian Njeri Mbugua v Principal Secretary Board of Management Cheptoroi Secondary School [2019] KEELRC 2566 (KLR)

✦ The suit is not time barred and is within the prescribed period.

Ronald Nyambu Daudi v Tornado Carriers Limited [2019] [2019] KEELRC 2150 (KLR)

✦ Claimant is entitled to four months' salary in compensation, one month's salary in lieu of notice, and leave pay for two years.

Aineah Likumba Asienya & 11 others v Postal Corporation of Kenya & another [2019] KEELRC 2131 (KLR)

✦ The Claimants were entitled to receive payment for the retrenchment.

Rutto Kapto Hillary v Officer In Charge Naivasha Main Prison & 2 others [2019] KEELRC 1968 (KLR)

✦ The court finds that the declaration of the petitioner as a deserter was arbitrary and in violation of Article 41 of the Constitution of Kenya, 2010.

Kirago Cidin Gisebe v Charles Magunda Katungo & 2 others; Koi Kafadzi Mbitha (Interested Party) [2019] KEELRC 2126 (KLR)

✦ The by-election took place and the 1st Respondent was elected and registered as Executive Secretary. The Claimant's orders are null and void. The Claim filed on 24th July 2017 is hereby struck out.

Jonah Musa Magambo v Kenya Airports Authority [2019] KEELRC 2153 (KLR)

✦ The claims for general and special damages for malicious arrest and prosecution are dismissed. The Claimant is entitled to interest on his severance pay.

Opiyo Benard Owino v Weichai Power Services & Spare Parts Limited [2019] KEELRC 2162 (KLR)

✦ The Court finds that the termination was unlawful and unfair, and awards the Claimant three months' salary in compensation.

Kazungu Dadu Sirya v Wells Fargo Ltd [2019] KEELRC 2122 (KLR)

✦ The court finds the claim is time-barred and strikes it out under Section 90 of the Employment Act 2007.

Khalid Hantoosh v Postal Corporation of Kenya [2019] KEELRC 2152 (KLR)

✦ Claimant's claim is barred by statute and the Court lacks jurisdiction to hear it

Irene Kaingu Benjamen v Board of Management [BOM] Chipande Memorial Primary School, Kilifi [2019] KEELRC 2125 (KLR)

✦ The Court finds that the Respondent owes the Claimant Kshs. 38,570 in arrears of salary and orders the Respondent to pay the amount, costs to the Claimant, and interest at 14% per annum from the date of resignation until payment is made in full.

Virnekas Mwanaharusi Nihazi v Boniface Kahindi Katana, Siasa Salimu Juma & Registrar of Titles Mombasa (Environment & Land Case 10 of 2018) [2019] KEELRC 2165 (KLR) (28 February 2019) (Ruling)