Kenyan case law

Francis Ong’ele Opalla v Light Academy Schools [2015] KEELRC 403 (KLR)

✦ The change in terms and conditions of employment and the non-renewal of the contract were unlawful. The Respondent shall pay the Claimant 10 months' gross salary at Kshs. 662,800 in damages for breach of the employment contract.

Susan Mumbua & 6 others v Navitas Limited & 2 others [2015] KEELRC 427 (KLR)

✦ Injunction granted to compel Respondents to provide a list of assets and funds held in Kenya and details of payments received from the Respondents.

Hussein Roba Boru v County Government of Isiolo & 2 others [2015] KEELRC 486 (KLR)

✦ The petition is not an abuse of court process and is not sub-judice. The court finds that the petitioner has abandoned the petition in Meru and is pursuing it in the appropriate court. The preliminary objection is dismissed.

Hussein Roba Boru v County Government of Isiolo & 2 others [2015] KEELRC 142 (KLR)

✦ The application for recusal is dismissed, and the case will proceed with the presiding judge.

Tailors & Textiles Workers Union v Mombasa Apparel (EPZ) Limited [2015] KEELRC 1085 (KLR)

✦ The Court finds that the Respondent has not victimized or intimidated Employees and refuses the Claimant's prayer for immediate Recognition. The Respondent is ordered to pin copies of the Check-Off Forms on the notice board and Employees who object to their inclusion must make their objection to the Management in writing within 7 days of the lists being pinned.

Francis W Ngariuki & 16 others v Registrar of Trade Unions & 2 others [2015] KEELRC 1591 (KLR)

✦ The Court found that the Petition was not lodged prematurely and that the 1st Respondent has not violated the rights of the Petitioners. The Court also determined that the Petitioners are entitled to a Conservatory Order.

Samuel Omungala Olulungu v Designwear Limited [2015] KEELRC 870 (KLR)

✦ Claimant's claim is dismissed

Stephen K Kachila v Bamburi Cement Limited [2015] KEELRC 1084 (KLR)

✦ The claims for additional gratuity, salary increment, and production bonus are rejected in their entirety.

James Omariba Nyaoga & another v Speaker of the County Assembly Kisii County & 2 others [2015] KEELRC 73 (KLR)

✦ The objections submitted by the Respondents must fail

Violet Kadala Shitsukane v Kenya Post Office Savings Bank [2015] KEELRC 1222 (KLR)

✦ The Court dismissed the Claimant's suit.

Salim Gulahussein Daresh v Associated Warehouse Limuted T/A Bamburi Beach Resourt & another [2015] KEELRC 185 (KLR)

✦ The court finds that the claimant was dismissed for misconduct and not for unfair termination.

Stelamaris Wayua Mitau v Isaac Malila T/A Heyland Properties [2015] KEELRC 1077 (KLR)

✦ The Court grants the Claimant's judgment in the sum of Kshs 90,000 all inclusive, with payment within 30 days and in default execution to issue.

Samuel Karihe v Samba Enterprises Limited [2015] KEELRC 111 (KLR)

✦ Termination of employment was unfair and unlawful.

Samuel Olunga Odera Owino v Attorney General & another [2015] KEELRC 127 (KLR)

✦ Claim for wrongful and unfair termination is time-barred and cannot be pursued under repealed Employment Act, 2007

Geoffrey Mwakio v Kenya Broadcasting Corporation [2015] KEELRC 1582 (KLR)

✦ The court grants a stay of execution pending appeal in respect of Ksh.3,525,863.30 arrears salary confirmed by the court on 4th December, 2014.

Geoffrey Kinyanjui & 4 others v National Environment Management Authority [2015] KEELRC 493 (KLR)

✦ The Court found that the grading system was flawed and discriminatory, leading to wrongful termination.

Steve Onyari Nyambegera v Bake ‘N’ Bite Mombasa Ltd [2015] KEELRC 387 (KLR)

✦ The Court found that the Respondent did not comply with the peremptory requirements of procedural fairness, particularly in the process of informing the Claimant of the allegations and giving him an opportunity to make representations. The Court also found that the reasons given for the dismissal were not proved.

Simon Abere Gichana v Gateway Insurance Company Limited [2015] KEELRC 1228 (KLR)

✦ The Court found the dismissal to be lawful and upheld the Respondent's counterclaim for financial loss.

Stephen Ochieng Ogweno v Justice Okech Orinda [2015] KEELRC 1081 (KLR)

✦ The Court finds that the service of the Hearing Notice on the Respondent in person was improper and that adequate opportunity was not granted to the Respondent to challenge the Claim.

Gilbert Kasumari Kithi v Nyali Beach Holiday Resort Limited [2015] KEELRC 507 (KLR)

✦ The Application is rejected and costs are awarded to the Claimant

Stephen Musyoka Muia v Munyiri 64 Traders Limited T/A Munyiri Fish & Chips [2015] KEELRC 1187 (KLR)

✦ The Respondent's application is dismissed with costs to the Claimant, and the interim orders are set aside.

Humphrey Maina Kariuki & 3 others v Telepost Investment Co-operative Society Limited [2015] KEELRC 588 (KLR)

✦ Accounts will be taken as between the claimants and the respondent based on Revised Terms and Conditions of Service for Management Staff Scales 1-6 (2003 edition) and the unpaid half of the salary for the five months they were under interdiction will be paid to them.

John Safari Musembi & another v Kenya Power & Lighting Co.Ltd [2015] KEELRC 485 (KLR)

Grace Atieno Onyango v St. Hannah’s Preparatory School Limited [2015] KEELRC 1268 (KLR)

✦ The claimant's services were unfairly terminated, and the respondent is ordered to compensate her with one month's salary in lieu of notice, 7 days salary for August 2009, and 10 months salary as compensation for unfair termination of service.

Grace Achieng Ogot v Sukari Co-op. Saving & Credit Society Ltd [2015] KEELRC 378 (KLR)

✦ The court overturned the Taxing Officer's decision, finding that the award was too low and that the officer acted ultra vires.