Kenyan case law

Mohamed v Director of Occupational Safety & Health Services & another (Employment and Labour Relations Cause E129 of 2023) [2024] KEELRC 1731 (KLR) (9 July 2024) (Ruling)

✦ The court issued declarations and orders in favor of the petitioner.

Ojanga v E.A. Cables Limited (Cause E474 of 2020) [2024] KEELRC 1933 (KLR) (9 July 2024) (Judgment)

✦ Summary dismissal was lawful and in accordance with fair procedure

Kirui v Ekaterra Tea Kenya PLC (Employment and Labour Relations Cause E013 of 2023) [2024] KEELRC 1747 (KLR) (9 July 2024) (Judgment)

✦ The Court found the dismissal to be procedurally unfair and ordered reinstatement with back pay.

Kiuvu & another (As promoter of the proposed Kenya Road Haulage Workers Union) v Registrar of Trade Unions & another (Petition E148 of 2022) [2024] KEELRC 1814 (KLR) (8 July 2024) (Ruling)

✦ The court sets aside the proceedings of 31st October 2023 and allows the 1st Respondent to participate in the action.

Onderi v Mini Bakeries (Nairobi) Limited (Cause E716 of 2021) [2024] KEELRC 1708 (KLR) (8 July 2024) (Ruling)

✦ The court clarifies that the final orders, which state the Claimant is entitled to two months' salary in lieu of notice, should prevail over the judgment on payment in lieu of notice.

Superfit Steelcon Limited v Alingo (Appeal 15 of 2023) [2024] KEELRC 1766 (KLR) (8 July 2024) (Judgment)

✦ The trial court's decision to grant pay in lieu of notice, unpaid salary, and other claims was upheld. The court found that the Respondent was not proven to have stolen the iron sheets and that the termination was not unfair.

Mohumed v Wajir County Assembly Service Board (Cause E094 of 2023) [2024] KEELRC 1813 (KLR) (8 July 2024) (Judgment)

✦ The court has jurisdiction to entertain the dispute and the suit is not incompetent on account of the doctrine of exhaustion. The Respondent's decision to terminate the Claimant's contract was unlawful.

Transport Workers Union Kenya v Etihad Airways Pjsc (Cause E229 of 2022) [2024] KEELRC 1768 (KLR) (8 July 2024) (Judgment)

✦ The court finds the Recognition Agreement valid and that the court should not intervene in the negotiations, but instead award the parties' proposals as urged in court and before the Conciliator.

Kamunya (Suing as the administrator of the Estate of Peter David Kamunya Kiboi (Deceased) v Gichuhi; Registrar Kajiado Land Registry (Interested Party) (Environment & Land Case 640 of 2015) [2024] KEELRC 1836 (KLR) (8 July 2024) (Ruling)

Kenya Aviation Workers Unio v Bollore Transport & Logistics Ltd & 4 others; Kenya Shipping, Clearing, Freight Logistics and Warehouse Workers Union (Interested Party) (Cause E253 of 2022) [2024] KEELRC 1773 (KLR) (8 July 2024) (Ruling)

✦ The court sets aside the dismissal of the suit and reinstates the Interested Party's application.

Kenya Union of Water and Sewerage Employees v Nairobi City Water and Sewerage Company Limited (Cause E402 of 2024) [2024] KEELRC 1763 (KLR) (8 July 2024) (Ruling)

✦ The Respondent is obligated to deduct and remit agency fees to the Claimant.

Muchiri v Security Guards Services Limited (Employment and Labour Relations Appeal E108 of 2021) [2024] KEELRC 1807 (KLR) (8 July 2024) (Judgment)

✦ The court affirmed the trial court's decision to award the Appellant compensation equivalent to his gross salary for four months, finding that the trial court did not err in considering the Appellant's past conduct and that the decision was not plainly wrong.

Kenya Private Universities Workers Union v Catholic University of Eastern Africa (Cause E388 of 2023) [2024] KEELRC 1810 (KLR) (8 July 2024) (Ruling)

✦ The court dismissed the application for review as the Claimant did not provide a clear error on the face of the record.

Bakery Confectionery Food Manufacturing & Allied Workers Union (K) v Bigcold Kenya Limited (Cause E180 of 2024) [2024] KEELRC 1809 (KLR) (8 July 2024) (Ruling)

✦ The court lifted the interim injunction, finding that the Claimant concealed material facts and did not establish a prima facie case for the injunction.

Sila v Principal Masii Secondary School & another (Cause 1484 of 2015) [2024] KEELRC 1713 (KLR) (8 July 2024) (Ruling)

✦ The Respondent's allegation that it has a good defense has no supportive evidence.

Family Bank Limited v Njue (Cause E889 of 2023) [2024] KEELRC 1767 (KLR) (8 July 2024) (Ruling)

✦ The court grants interim injunctions pending the hearing and determination of the suit.

Muasa v China Road And Bridge Corporation (K) (Cause 2115 of 2016) [2024] KEELRC 1742 (KLR) (5 July 2024) (Judgment)

✦ The Court found the termination of the Claimant's employment unlawful due to the lack of a valid reason and the failure to follow the fair procedure required by the Employment Act.

Sankale v Masai Mara University; Transparency International Kenya & 2 others (Interested Parties) (Employment and Labour Relations Petition E097 of 2021) [2024] KEELRC 1741 (KLR) (5 July 2024) (Judgment)

✦ The Petitioner was entitled to protection as a whistleblower and the dismissal was not fair due to his role as a whistleblower.

Njeri (Suing as the Legal Representative of the Estate of Anthony Nguri Karori) v East African Portland Cement Company PLC (Miscellaneous Application E841 of 2022) [2024] KEELRC 1744 (KLR) (5 July 2024) (Ruling)

✦ The suit is struck out as incompetent but with no orders as to costs.

Okwaro v Kituo Cha Sheria t/a Legal Adivice Centre (Cause E560 of 2020) [2024] KEELRC 1796 (KLR) (5 July 2024) (Judgment)

✦ The Court finds that the Respondent had fair and valid reasons to terminate the Claimant's service and that the process followed was fair and in accordance with the Employment Act.

Wahome v Judicial Service Commission (JSC) (Employment and Labour Relations Cause E094 of 2023) [2024] KEELRC 1733 (KLR) (5 July 2024) (Award)

✦ The court is satisfied that the petitioner was paid his dues during the period of suspension and there are no further dues to the petitioner.

Okumu v Gyto Success Company Limited (Cause 507 of 2018) [2024] KEELRC 1789 (KLR) (5 July 2024) (Ruling)

✦ The Court allowed the application on terms that the suit be set down for hearing within 30 days of this ruling. In default, the suit shall stand dismissed for want of prosecution. The claimant shall pay the respondent thrown away costs of Kshs. 5,000/- before the hearing of the suit on a date to be scheduled before the Deputy Registrar.

Pousand v Brandley Ltd & 5 others (Employment and Labour Relations Cause 2465 of 2017) [2024] KEELRC 1745 (KLR) (5 July 2024) (Ruling)

✦ The application is dismissed without merit and the ruling is upheld

Omuka v Air Travel & Related Studies Centre (Cause 778 of 2019) [2024] KEELRC 1750 (KLR) (5 July 2024) (Judgment)

✦ The termination of the Claimant's employment was found to be unfair and unlawful due to the lack of a valid reason and procedural fairness.

Kinuka v Powermax General Electrical Merchants Limited (Cause 1996 of 2017) [2024] KEELRC 1754 (KLR) (5 July 2024) (Judgment)

✦ The Court found the dismissal to be unfair and unlawful.