Kenyan case law

Motrex Limited v Wanyonyi (Miscellaneous Application E038 of 2021) [2022] KEELRC 1403 (KLR) (30 June 2022) (Ruling)

✦ The Court grants the Applicant leave to appeal out of time and allows the appeal to be filed within 30 days.

Angila v Makini School Limited (Cause 586 of 2019) [2022] KEELRC 4057 (KLR) (30 June 2022) (Judgment)

✦ The court finds that the termination of employment was unfair and unlawful, and orders compensation of Kshs 124,000.

Muthui v Kenya Rural Roads Authority (Kerra (Petition E210 of 2021) [2022] KEELRC 4024 (KLR) (30 June 2022) (Judgment)

✦ The court finds that the termination of petitioner's employment based on an alleged three-year contract is invalid and that her employment is governed by a permanent and pensionable contract.

Kamau v Kuku Food Kenya Limited (Cause 5 of 2020) [2022] KEELRC 1405 (KLR) (30 June 2022) (Judgment)

✦ The termination was unfair and the Claimant was awarded 1 month salary in lieu of notice and 8 months salary as compensation for the unfair termination.

Kenya Union Of Domestic, Hotels, Educational Institutions, Hospitals And Allied Workers Union v Gertrudes Children Hospital (Cause 1184 of 2016) [2022] KEELRC 4112 (KLR) (30 June 2022) (Judgment)

✦ Claims dismissed in their entirety

Aluoch v Plan International Kenya Limited (Cause 1215 of 2017) [2022] KEELRC 12712 (KLR) (30 June 2022) (Judgment)

✦ The termination was found to be unfair, and the claimant is entitled to compensation for salary, notice pay, and 12 months compensation.

Inaweti v Teacher Service Commission (Cause 100 of 2018) [2022] KEELRC 1759 (KLR) (29 June 2022) (Ruling)

Nubian Rights Forum v National Hospital Insurance Fund & another (Petition E024 of 2022) [2022] KEELRC 1382 (KLR) (29 June 2022) (Ruling)

✦ The preliminary objection is dismissed with costs to the petitioner.

Kombo v Governor Lamu County & 2 others (Petition E003 of 2021) [2022] KEELRC 1407 (KLR) (29 June 2022) (Ruling)

✦ Application A is allowed, and the 3rd respondent is ordered to issue the applicant with a certificate of service. Application B is declined.

Kuria v Board of Management, Kikuyu Day Secondary School (Cause 2226 of 2017) [2022] KEELRC 1448 (KLR) (29 June 2022) (Judgment)

✦ The court finds in favor of the Claimant, Patriciah Njoki Kuria, awarding compensation for unlawful termination of contract, costs, interest, and a certificate of service.

Obala v Kibos Sugar & Allied Industries Ltd (Cause 178 of 2018) [2022] KEELRC 14675 (KLR) (29 June 2022) (Judgment)

✦ The court finds the claimant was a casual employee whose contract lapsed daily, and thus did not discharge the burden to prove an unfair termination of employment. The claims for breach of contract and underpayments are rejected. A certificate of service is ordered.

Evans Nyamira Bichanga v Board of Management Nyaturago High School (Cause 168 of 2018) [2022] KEELRC 1774 (KLR) (29 June 2022) (Judgment)

✦ The court finds that the respondent unfairly terminated the claimant's employment and awards compensation and pay in lieu of notice.

Omuga v Migori County Public Service Board & 2 others (Petition E024 of 2022) [2022] KEELRC 1418 (KLR) (29 June 2022) (Judgment)

✦ The Court declines to assume first instance jurisdiction and strikes out the Petition with no order on costs.

Isaac (Suing as the administrator of the Estate of Edmund Wasike Olweyo) v National Cereals and Produce Board (Cause 377 of 2017) [2022] KEELRC 1414 (KLR) (29 June 2022) (Judgment)

✦ The Court finds that the Respondent complied with the elements of procedural fairness and established valid and fair reasons to dismiss the Claimant.

Oduor v Yatin Supermarket Limited (Cause 449 of 2017) [2022] KEELRC 1136 (KLR) (29 June 2022) (Ruling)

✦ Each party bears their own costs.

Chere & 4 others v Lake Basin Development Authority (Judicial Review Application E002 of 2022) [2022] KEELRC 3782 (KLR) (29 June 2022) (Judgment)

✦ The interdiction of the applicants is unlawful and the Authority has no legal basis to continue it.

Lewa v United States International University [USIU] –Africa (Cause 449 of 2019) [2022] KEELRC 4010 (KLR) (29 June 2022) (Judgment)

✦ The Court finds that the claimant was not discriminated against by the respondent and that he does not merit the remedies sought.

Benadette Nafula Bwire v Equator Bottlers Limited (Cause 153 of 2017) [2022] KEELRC 1775 (KLR) (29 June 2022) (Judgment)

✦ The court finds no merit in the claimant's case and dismisses it with no order on costs.

Wangari v The Kenya Ports Authority (Cause E019 of 2022) [2022] KEELRC 3850 (KLR) (28 June 2022) (Ruling)

✦ The suspension and interdiction were unlawful and the claimant's right to fair hearing was violated.

Nyaiera v Egerton University (Employment and Labour Relations Petition 18 of 2018) [2022] KEELRC 3775 (KLR) (28 June 2022) (Ruling)

✦ Application for stay of execution denied

Ojwang v Bliss Healthcare Limited (Cause E244 of 2021) [2022] KEELRC 1392 (KLR) (28 June 2022) (Judgment)

✦ The termination of the Claimant's employment was unprocedural and illegal, and the Claimant is entitled to a declaration, compensation, and costs.

Ahmed v National Bank of Kenya (Petition 117 of 2018) [2022] KEELRC 1383 (KLR) (28 June 2022) (Ruling)

✦ The motion is dismissed with no order as to costs as the Taxing Master was correct in declining to tax the matter due to the consent of parties agreeing to bear their own costs.

Foxton v Pure Cycle Kenya Limited (Cause 30 of 2019) [2022] KEELRC 1200 (KLR) (28 June 2022) (Judgment)

✦ The dismissal of the Claimant was unfair and unjustified.

Kudheiha Workers Union v Board of Management Mwariki Secondary School (Cause 22 of 2021) [2022] KEELRC 1786 (KLR) (27 June 2022) (Judgment)

✦ The court finds the claimant has not recruited a simple majority of the respondent's unionisable employees and dismisses the claim.

Muthui & 9 others v Speaker, Nyandarua County Assembly & 2 others (Petition 28 of 2021) [2022] KEELRC 1785 (KLR) (27 June 2022) (Judgment)

✦ The Court found that the County Assembly Service Board was properly constituted and that the Petitioners were dismissed for valid reasons and due process was followed.