Kenyan case law
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Hellen Mbela Ouko v Kenya Post Office Savings Bank [2020] KEELRC 701 (KLR)
✦ The dismissal was lawful and justified, and the Claimant is not entitled to reinstatement or back pay.
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Francis X. O. K’ombut v University of Nairobi [2020] KEELRC 160 (KLR)
✦ The Court found that the Plaintiff's claim was not barred by the Limitation of Actions Act and the Employment Act, and that the Plaintiff had not sued the wrong Defendant. The Court also found that the Plaintiff had not proved discrimination and breach of terms of service, and thus denied the Plaintiff's prayers.
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Hezekiah Chepkwony & 2 others v Cabinet Secretary, Ministry of Health & 2 others [2020] [2020] KEELRC 755 (KLR)
✦ The court has jurisdiction to deal with the issue of contempt of court and the court is not functus officio.
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Hellen Busolo Khasungu v Mohamed Saeed [2020] KEELRC 1417 (KLR)
✦ Claimant is awarded Kshs.47,586 in salary in lieu of notice, 15 days' pay, and house allowance. The claimant is also awarded costs of the suit.
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Shadrack Mutia Muiu v National Police Service Commission & 2 others [2020] KEELRC 1849 (KLR)
✦ The application was disposed of by written submissions.
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George Buoro v Kenindia Assurance Company [2020] KEELRC 774 (KLR)
✦ The court held that the termination was not unfair and that the claimant is not entitled to the relief sought.
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Hamisi Mzee v Simzia Kenya Limited [2020] KEELRC 268 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay compensation for unfair termination, notice, annual leave, and service.
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Shadrack Kahindi Shida v National Police Service Commision &2 Others [2020] KEELRC 1340 (KLR)
✦ The Petition is allowed. The letter dated 10th February 2016 stopping Petitioner’s salary is hereby quashed in its entirety. The Petitioner’s salary, allowances and all benefits stopped as a result of the said letter shall be restored in full to the Petitioner from the date of stoppage. It is declared that the stoppage of Petitioner’s salary is unconstitutional.
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Silas John Singila v Exon Investments Limited [2020] KEELRC 667 (KLR)
✦ The Court finds that the termination was not unlawful as the employer provided a valid reason for the termination based on the Claimant's involvement in three road traffic accidents.
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Shadrack Muchemi Mbau v Presbyterian University of East Africa [2020] KEELRC 357 (KLR)
✦ Claimant is entitled to a declaration of unfair labour practices, a permanent injunction, and compensation for salary arrears and benefits.
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Winnie Agunda v Octagon Pension Services [2020] KEELRC 1626 (KLR)
✦ The Court finds and declares that the termination of the Claimant's employment was not for valid and fair reasons.
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Jacob Buhungi Elaki v Attorney General [2020] KEELRC 366 (KLR)
✦ The Appeal is dismissed without merit
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Rose Ngii Mwanzia v Kenya Water Institute [2020] KEELRC 1838 (KLR)
✦ The motion is dismissed with costs as there is no merit in the motion.
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Jacob Adera Obango v Mombasa Shipping Agent Co Limited [2020] KEELRC 421 (KLR)
✦ The Claimant's termination was found to be wrongful.
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Evans Omondi Ndonga v Dilpack (K) Limited [2020] KEELRC 1194 (KLR)
✦ The termination was by letter dated March 24, 2014, and not verbally on March 5, 2014. The termination was for negligent performance of duty, and a fair procedure was followed.
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Happiness Nyabonyi Maingo v Shreeji Chemicals Limited [2020] KEELRC 207 (KLR)
✦ The termination was unfair.
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Silas Wandera v Principal Bristar Girls High School [2020] KEELRC 511 (KLR)
✦ The dismissal of the claimant was found to be unfair and wrongful.
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Hotensia Nduta v Creative Consolidated Systems Limited [2020] KEELRC 545 (KLR)
✦ Claimant is awarded 1 month's salary in lieu of notice, unpaid leave for 1 year, service pay equivalent to 15 days for the year served, unpaid salary for 1 month, and 6 months' salary as compensation for the unlawful and unfair termination.
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Sergii Gergel v ARFA AFRA LTD t/a IMAX Africa Ltd [2020] KEELRC 1881 (KLR)
✦ The application for review filed by the claimant is hereby dismissed with costs.
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Fridah A. Govedi v Permanent Secretary Ministry of Health & 2 others [2020] KEELRC 799 (KLR)
✦ The court finds that the deployment was not a demotion and that the Claimant was not guilty of gross misconduct. The court allows the application for reinstatement and other interim orders.
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Felix Mwalimu v Nairobi Safari Club [2020] KEELRC 1018 (KLR)
✦ Claimant's employment was terminated wrongfully and unfairly, and he is awarded compensation for one month's salary in lieu of notice, unpaid June 2015 salary, unpaid leave for 8 months, and 8 months' salary as compensation for unfair termination.
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Evans Angwenyi v Nairobi City Water & Sewerage Company Limited [2020] KEELRC 1200 (KLR)
✦ The court found that the dismissal was not grounded on a valid and fair reason and that the procedure followed was not fair.
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Francis Angueyah Ominde v Walter Ottichilo & 2 others; Henry Mag’ong’o Lumbasion & 20 others (Interested Parties) [2020] KEELRC 846 (KLR)
✦ The conservatory order is granted, prohibiting the 1st and 3rd respondents from limiting the respective tenure of the petitioner/interested parties/ applicants to 2 or 3 years and replacing anyone or all of them with other persons named or not in this suit until the petition is heard and determined.
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Gideon Wangang’a Maina v Acorn Group Limited [2020] KEELRC 1420 (KLR)
✦ Claimant is not entitled to compensation or 3 months' salary in lieu of notice. Claimant is entitled to a certificate of service.
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University Academic Staff Union & 2 others v Kenyatta University [2020] KEELRC 1293 (KLR)
✦ The Court orders the computation of back pay for the deceased's former colleagues and the estate of the deceased, and the payment of benefits and costs as per the previous award.