Kenyan case law
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Simon Mbithi Mbane v Intersecurity Services [2016] KEELRC 1061 (KLR)
✦ The Court overrules the respondent's preliminary objection and directs the suit to proceed on merit
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Hinga Mbugua v Keroche Industries [2016] KEELRC 1733 (KLR)
✦ The court finds the respondent's actions in sending the claimant on leave without recall and failing to pay due salaries was in essence meant to deny him work, contrary to the law.
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Gilberforce Okong’o v Transworld Radio-Kenya [2016] KEELRC 1031 (KLR)
✦ The court finds that the termination was not for a valid reason and was not effected in terms of a fair procedure, thus the claimant is entitled to payment in lieu of notice and compensation.
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George Kigudwa Mulwale v Beemart Laundry & Dry Cleaning Ltd [2016] KEELRC 1401 (KLR)
✦ The termination was found to be both substantively and procedurally unfair, and the Claimant is entitled to compensation.
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Geoffrey Asanyo v County Government of Nakuru & 2 others [2016] KEELRC 1575 (KLR)
✦ The court dismisses the motion with costs to the 1st and 2nd Respondents.
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Jayesh M. Sutaria v Jambo Biscuits (K) Ltd [2016] KEELRC 583 (KLR)
✦ The Taxing Master's ruling is set aside, and the claimant's bill of costs is referred back for fresh taxation by another taxing officer.
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Francis Kimutai Bii v Kaisugu (Kenya) Ltd [2016] KEELRC 1758 (KLR)
✦ Consent judgment is set aside and execution stayed
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Franklin Kimathi Mucheke v Mogas Kenya Limited [2016] KEELRC 1291 (KLR)
✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 5 years.
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Football Kenya Federation v Chairman Sport Disputes Tribunal & another [2016] KEELRC 384 (KLR)
✦ The court dismissed the preliminary objection as the plaintiff/respondent did not demonstrate the element of lack of jurisdiction.
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Evans Mumo Mwangangi v Kitui County Service Board & 4 others [2016] KEELRC 266 (KLR)
✦ The County Government of Kitui did not disobey the orders of the Court by not restoring the Claimant to his acting position. The Claimant was not entitled to the 45 days' leave as he was on interdiction during the leave year 2015/2016.
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Vincent Makomere Oluyayi v Haggai Multi-Cargo Handling Services Ltd [2016] KEELRC 763 (KLR)
✦ The termination of the Claimant's employment was unfair and the Respondent is ordered to pay compensation and costs.
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Grace Wanjiku Ndung’u v Highlands Mineral Water Co Ltd [2016] KEELRC 1852 (KLR)
✦ The court sets aside all previous proceedings and decisions, and the suit is granted a hearing date on priority basis.
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Stephen Kamau Njoroge v Murang’a Farmers Co-operative Union Limited [2016] KEELRC 1206 (KLR)
✦ The court finds the termination unfair and orders the respondent to pay the claimant Kshs. 661,809.21 by August 1, 2016, with interest, and to pay the claimant's costs.
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Stella Chepkosgei v Kenya Farmers Association Ltd [2016] KEELRC 944 (KLR)
✦ The termination of the Claimant's employment was fair, and the Court awards her 3 months' pay in lieu of notice and November/December 2010 wages.
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Kenya Airline Pilots Association v Kenya Airways Limited [2016] KEELRC 1747 (KLR)
✦ The court dismissed the respondent's jurisdictional challenge and allowed the claimant's application for restraining orders.
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Japheth Musee Kitheka v Rhino Box Manufacturers Limited [2016] KEELRC 1615 (KLR)
✦ The dismissal was unfair and unjustified, and the Claimant is awarded 1 months salary in lieu of notice, 1 year leave, gratuity, and 8 months salary as damages for unlawful termination.
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James Maoga Osiemo v Laminate Tube Industries Limited [2016] KEELRC 232 (KLR)
✦ The termination was procedurally unfair.
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Shalimar Flowers (K) Limited v Kenya Plantation & Agricultural Workers Union [2016] KEELRC 1652 (KLR)
✦ The Court orders the motion be dismissed with costs to the Respondent
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Fredrick Mori Obenge v Bia Tosha Distributors Ltd [2016] KEELRC 1496 (KLR)
✦ The court finds that the Claimant's employment was terminated without a valid reason and without affording him a fair hearing, contrary to sections 41, 43 and 45 of the Employment Act 2007. The Claimant is entitled to compensation for unlawful and unfair termination of employment.
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In the matter of Collins Odumba [2016] KEELRC 997 (KLR)
✦ The charge against the accused officer, Collins Odumba, is dismissed and he is set at liberty to enjoy the balance of his life.
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Sylvanus Khayasa Khasiala v Gao Yu International Co. Limited [2016] KEELRC 648 (KLR)
✦ Claimant is awarded one month's pay in lieu of notice, 3 months salary for unfair termination, salary for July 23, 2013, service pay, and leave pay totaling Kshs. 78,500.
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Mini Bakeries (Nairobi) Limited v David Ochieng Oyugi [2016] KEELRC 268 (KLR)
✦ The court finds that the respondent had locus standi to proceed with the suit on behalf of the deceased and the Hon. Magistrate did not err in failing to strike out the suit on this ground. The court also finds that the Magistrate did not err in assessing the standard of proof and in finding that the reliefs sought had been sufficiently proved.
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Stephen Kemei Kiptum & 2 others v National Police Service Commission [2016] KEELRC 1028 (KLR)
✦ The petitioners' rights were not violated, and the vetting process was fair.
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Grace Waithera Hungi v Riley Services Limited [2016] KEELRC 362 (KLR)
✦ The termination was not unfair, and the claimant is entitled to Kshs. 31,685. The counterclaim for pay in lieu of notice is dismissed.
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Stephen Sagana Kipkut v Laminate Tube Industries Limited [2016] KEELRC 287 (KLR)
✦ The Court finds that the termination of the Claimant's employment was unfair and awards him compensation of Kshs 285,216/-