Kenyan case law

Juma Abdalla Gafo v Postal Corporation of Kenya [2019] KEELRC 2170 (KLR)

✦ The claim is time-barred under Section 24(b) of the Postal Corporation Act and is therefore rejected.

Omwoyo Makiya Hesbon v Ojode Udoto & Onjoro Advocates [2019] KEELRC 2185 (KLR)

✦ The Court dismissed the Respondent's application and ordered the Claimant to be paid Kshs. 106,400 plus costs and interest.

John Mulinge Mutuku v Kartasi Industries Limited [2019] KEELRC 2151 (KLR)

✦ The court held that the Claimant was not unfairly terminated and that the Respondent did not owe any further payments.

Mudhari T Anwar v Kenya Ports Authority [2019] KEELRC 2191 (KLR)

✦ The claim is rejected for want of jurisdiction under Section 66 of the Kenya Ports Authority Act.

Lucia Nduku Nzioka v Mt. Laverna Girls Secondary School [2019] KEELRC 2056 (KLR)

✦ The termination of the claimant's employment was self-imposed by the claimant herself, and thus not wrongful, unfair, or unlawful.

Kenya Chemical and Allied Workers Union v Kenya Tanning Extract Co. Ltd [2019] KEELRC 2158 (KLR)

✦ The application for review is dismissed with costs to the Claimant/Respondent

Elias Nawayo v K.K. Security Limited [2019] KEELRC 2194 (KLR)

✦ Termination was unfair due to lack of valid reason, and the Respondent is ordered to pay the Claimant 6 1/2 months' salary in compensation for unfair termination and 1 month salary in lieu of notice.

Joshua Kabaka v Tandu Alarms Systems Limited [2019] KEELRC 2142 (KLR)

✦ The termination was unfair both procedurally and substantively, violating Section 45 of the Employment Act.

Nicky Njuguna & 3 others v Registrar of Trade Unions; Central Organization of Trade Unions (Kenya) (Interested Party) eKLR [2019] KEELRC 2034 (KLR)

✦ The court allowed the appeal and ordered the Registrar of Trade Unions to register the Kenya Police Union.

Nelson Anyanzwa Oruko v Tapioca Limited [2019] KEELRC 2186 (KLR)

✦ The Court finds termination was consensual and terminal benefits were paid to the Claimant, thus rejecting the claim with no order on costs.

Amalgamated Union of Kenya Metal Workers v M/S Shankar Electronic Limited [2019] KEELRC 2181 (KLR)

✦ The Respondent's applications are rejected with costs to the Claimant, and the Claimant is at liberty to execute.

Fred Odhiambo Obura v SGS Kenya Limited [2019] KEELRC 2159 (KLR)

✦ Application dismissed, execution proceeds

Makokha Barasa Aggrey & 3 others v Foremost Limited [2019] KEELRC 2209 (KLR)

✦ The termination of the 1st Claimant's employment was substantively and procedurally unfair, and the 1st Claimant is entitled to compensation. The 2nd and 4th Claimants' terminations were due to redundancy and are lawful.

Betty U Chamba v Kenya Ports Authority & another [2019] KEELRC 2219 (KLR)

✦ The Court overrules the preliminary objection and proceeds to grant the injunction.

Benard Wanyama Makokha v Robinson Investment Ltd [2019] KEELRC 2567 (KLR)

✦ Judgment is entered for the claimant in the amount of Ksh.30,000 for compensation, Ksh.60,000 for unpaid wages, Ksh.154,560 for public holidays, Ksh.121,500 for house allowance, and Ksh.47,307.70 for annual leave pay.

Charles Musungu Odana v Kenya Ports Authority [2019] KEELRC 2206 (KLR)

✦ The Court found the dismissal to be lawful and fair, and denied the Claimant's claims.

John Kimanzi v Prime Steel Mills Ltd [2019] KEELRC 2197 (KLR)

✦ The application is dismissed with costs to the Claimant.

Mwinyi Ali Kabungu Babaya v Steel Makers Limited [2019] KEELRC 2221 (KLR)

✦ The Claimant's claims for unlawful termination, notice pay, leave pay, service pay, and compensation are dismissed.

Benard Anditi Marera v Kibos Sugar and Allied Industries [2019] KEELRC 2215 (KLR)

✦ The court found that the claimant was dismissed for a valid reason and in terms of a fair procedure, and thus the claimant is not entitled to the reliefs sought.

Charles P O Nyamunga & 68 others v Maseno University [2019] KEELRC 2198 (KLR)

✦ Judgment in favor of the plaintiffs, including the deceased plaintiffs, with specific orders for additional severance pay, training compensation, and costs.

Kenya Building, Construction, Timber, Furniture & Allied Employees Union v M/S Steel Structures Limited [2019] KEELRC 2129 (KLR)

✦ Dismissals were lawful and fair, and the union's claim was dismissed due to lack of evidence of unlawful dismissal.

Kenya Hotels and Allied Workers Union v Taratibu Bar and Restaurant [2019] KEELRC 2216 (KLR)

✦ The court finds the claimant entitled to one month's salary in lieu of notice, payment in lieu of six months' probative leave not taken, underpayments of wage, and compensation equivalent to three months' salary.

Allan Odhiambo v Plan International [2019] KEELRC 2569 (KLR)

✦ The claimant's claims are found without merit, and the costs due to the claimant are hereby assessed at Ksh.20,000.00.

Ibrahim Tanga Nandeli v N. K. Bhatia & Mumias another [2019] KEELRC 2178 (KLR)

Kenya Plantation & Agricultural Workers Union v Delmonte (K) Limited [2019] KEELRC 2211 (KLR)

✦ The dismissal was fair and justified, and the court dismisses the suit with costs