Kenyan case law
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Shebby Sakwa & another v Fazul Mahamed & 3 others [2017] KEELRC 711 (KLR)
✦ The court found that the 1st and 2nd respondents were not guilty of contempt of court as the orders were not applicable due to the Contempt of Court Act coming into effect after the acts complained of took place.
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Transport Workers Union v Euro Petroleum Products Limited & another [2017] KEELRC 1944 (KLR)
✦ The court allows the application for review only to the extent that the claims by the individual employees for unfair dismissal are still alive and may be heard on the merits.
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Titus Kimanthi Kisava v Mombasa Apparels (EPZ) Limited [2017] KEELRC 1462 (KLR)
✦ Termination was fair and no compensation or annual leave pay is due.
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Wilson Shivachi Mmaitsi v Managing Director School Equipment Production Unit (SEPU) [2017] KEELRC 1924 (KLR)
✦ The Court finds that the Claimant was a regular employee on a renewable contract, not a casual employee. The Respondent’s dismissal was unlawful and unfair, and the Claimant is entitled to remedies.
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Evans Onyango Emasu & another v Brink Security Services Ltd [2017] KEELRC 1896 (KLR)
✦ The termination was unfair and unlawful.
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John Njuguna Kamau v County Government of Laikipia [2017] KEELRC 421 (KLR)
✦ The Court ordered the Claimant to file an Amended Memorandum of Claim by 15 December 2017 and granted a temporary injunction pending the hearing and determination of the suit.
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John Ogutu Ragama v Bandari Sacco Limited [2017] KEELRC 1738 (KLR)
✦ The Court finds a valid 3rd contract existed between the parties and orders the Respondent to refrain from interviewing for the position of Chief Executive Officer pending the main dispute.
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Wellington Kitawi Katana v Kenya Sugar Research Foundation [2017] KEELRC 265 (KLR)
✦ The Court dismisses the Claimant's prayer for notice pay, severance pay, and annual leave as these benefits were already paid. The prayer for overtime pay and public holiday pay is dismissed as the Claimant did not work throughout the period. The prayer for house allowance is dismissed as the Claimant was absent from work on various days.
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Wilfred K. Onyango v DHL Excel Supply Chain Kenya Limited [2017] KEELRC 885 (KLR)
✦ The Court finds the dismissal unfair and unjustified, and awards the Claimant 1 month's salary in lieu of notice, 12 months' salary as damages for unfair termination, and 12 months' salary as compensation for house allowance.
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Shem Arthur Ogao v Kenya Forestry Research Institute [2017] KEELRC 732 (KLR)
✦ The Court finds that the Claimant has no prima facie case and dismisses his application with costs.
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Noel Ingoka Selebwa v Tracy Kavinda [2017] KEELRC 1834 (KLR)
✦ The termination was found to be unfair and the Claimant is awarded four months' salary in compensation, one month's salary in lieu of notice, and house allowance.
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William Likohe Lurambjira v Keystone Enterprises Ltd [2017] KEELRC 983 (KLR)
✦ The termination was unfair and the claimant is awarded compensation and a certificate of service.
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Wilberforce George Achoka v Kalu Works Limited [2017] KEELRC 1830 (KLR)
✦ Employment was terminated on valid and justifiable reasons. Claimant cannot review the claim again. Respondent ordered to pay further Kshs 136,225/= as five months salary on account of termination.
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Everlyne Musimbi Enonda v Jerida Anyonga [2017] KEELRC 910 (KLR)
✦ The claimant's case for unlawful and unfair termination has not been proved on a balance of probability and is dismissed.
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Francis Atonya Ayeka v Kenya Police Service & another [2017] KEELRC 90 (KLR)
✦ Petition dismissed as time-barred and for abuse of process
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H. Young & Co. (E.A.) Ltd v Samson Okoth Orengo [2017] KEELRC 1165 (KLR)
✦ The Court upheld the lower court's finding of liability and dismissed the appeal on the grounds of inconsistency in the Respondent's testimony and the existence of a parallel suit.
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James Finlay (K) Ltd v Joseph Ombati Nyaanga [2017] KEELRC 1350 (KLR)
✦ The appeal is partially allowed, reducing the general damages award from Kshs.100,000 to Kshs.60,000 and retaining the special damages award.
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Stephen Mwangi & 2 others v Tusker Mattresses Limited [2017] KEELRC 1136 (KLR)
✦ The termination of the claimants' contracts of employment was unfair and unlawful.
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Humphrey Bakhuya Maramba v Sentinel Security Services Ltd [2017] KEELRC 997 (KLR)
✦ The claimant was employed by the respondent and the termination was unfair.
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Gabriel Nderitu Kiambati v Bayer East Africa Ltd [2017] KEELRC 1682 (KLR)
✦ The Court finds for the Claimant in the sum of Kshs 340,906/- as sought
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Harrison Musyoka Kitala v Kenya Ports Authority [2017] KEELRC 1777 (KLR)
✦ The Respondent's summary dismissal is upheld
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Michael Ochieng’ Magungu v Registrar of Trade Unions & 2 others [2017] KEELRC 923 (KLR)
✦ The Petition is rejected with no order on costs as it has no merit
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Hilda Wanjiru Waweru v Gatarakwa Farmers Co-op Society Limited [2017] KEELRC 431 (KLR)
✦ The termination was found to be unfair and the claimant is awarded 12 months' pay, one month's salary in lieu of notice, and unpaid leave.
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Haron Obiri Mekenye v Gurdev Engineering & Construction Works Limited [2017] KEELRC 1754 (KLR)
✦ The Claimant's claim for unlawful termination and damages is dismissed. The Claimant is entitled to salary for days worked in March 2014 and prorata leave.
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Shadrack Waigwa Ndung’u & 64 others v Nyeri County Government & another [2017] KEELRC 1628 (KLR)
✦ The claimants are entitled to be absorbed into the service of the respondents on permanent and pensionable terms of employment effective 01.07.2015