Kenyan case law
-
Ng’ang’a v Board of Management Nakuru Boys High School & another (Cause E017 of 2022) [2024] KEELRC 2175 (KLR) (4 July 2024) (Judgment)
✦ The claimant’s cause is hereby dismissed in its entirety with no order as to costs.
-
Rangili v East Africa Elevator Company Limited (Employment and Labour Relations Cause E115 of 2021) [2024] KEELRC 1710 (KLR) (4 July 2024) (Ruling)
✦ The suit is dismissed for non-prosecution and abatement.
-
AGL Kenya Limited (Formerly Bollore Transport and Logistics Kenya Limited) v Abdalla (Appeal E070 of 2024) [2024] KEELRC 2085 (KLR) (4 July 2024) (Ruling)
✦ The application is allowed on the condition that the appellant deposits the sum of Ksh.984,549 in a joint interest-earning account held by both parties within 30 days. The appellant is also required to file the Record of Appeal and Record of Cross-appeal within 14 days from the date of the ruling and attend for hearing directions on 25 July 2024.
-
Mwirigi v Cabinent Secretary, Ministry of Gender, Culture, Arts & Heritage & 2 others; Advisory Board (Interested Party) (Employment and Labour Relations Petition E206 of 2023) [2024] KEELRC 1703 (KLR) (4 July 2024) (Ruling)
✦ The court finds the error apparent on the face of the record and grants the application for review.
-
Malova v Kenya Ports Authority (Cause E120 of 2023) [2024] KEELRC 2091 (KLR) (4 July 2024) (Judgment)
✦ The dismissal was fair and justified under the Employment Act, as the claimant was given a disciplinary hearing with a representative of his choice.
-
Ojijah v Trees for the Future INC (Cause E010 of 2023) [2024] KEELRC 1722 (KLR) (4 July 2024) (Judgment)
✦ The Claimant was not constructively dismissed and has not proved a case of constructive dismissal. The Claimant was unfairly dismissed from service.
-
Sheikh and Company Advocates v Mustek East Africa Limited (Miscellaneous Case E043 of 2022) [2024] KEELRC 1770 (KLR) (4 July 2024) (Ruling)
✦ Application dismissed with costs
-
Transport Workers Union v Classic Pelican Sacco (Employment and Labour Relations Cause 1265 of 2016) [2024] KEELRC 1712 (KLR) (4 July 2024) (Ruling)
✦ The application is dismissed with costs
-
Chara v Hantex Garments (EPZ) Limited (Cause 773 of 2016) [2024] KEELRC 1778 (KLR) (4 July 2024) (Judgment)
✦ Termination of the Claimant's employment was procedurally and substantively unfair.
-
Jin v Kwale International Sugar Company Limited (Cause E010 of 2023) [2024] KEELRC 2088 (KLR) (4 July 2024) (Judgment)
✦ Employment was terminated unlawfully and unfairly, compensation of Ksh.711,408 is awarded, notice pay of Ksh.177,852, and a certificate of service is issued.
-
Sunwood Enterprises v Mulatya (Miscellaneous Application E047 of 2024) [2024] KEELRC 1961 (KLR) (4 July 2024) (Ruling)
✦ The court allows the applicant to file an appeal out of time but with conditions. The appeal must be filed within 14 days and the Record of Appeal within 30 days. The applicant must pay the respondent's costs.
-
Mwangi v Family Bank Limited (Employment and Labour Relations Cause 331 of 2014) [2024] KEELRC 2177 (KLR) (4 July 2024) (Ruling)
✦ The court allows the appeal and grants a stay of execution pending the hearing and determination of the appeal.
-
Ogola v Eveready Security Guards Co. Ltd (Employment and Labour Relations Cause 789 of 2015) [2024] KEELRC 1711 (KLR) (4 July 2024) (Judgment)
✦ The employment was terminated for poor work performance at the age of 62 years, and the claimant is entitled to compensation in the sum of Kshs. 43,800/= with interest and costs.
-
Corrugated Sheets Limited v Oganyo (Appeal E036 of 2023) [2024] KEELRC 1775 (KLR) (4 July 2024) (Judgment)
✦ The Court finds and holds that the termination was wrongful, unlawful, abrupt and in total contravention of the relevant labour laws. The Court awards compensation for unfair termination of employment, unpaid leave, and unpaid house allowance.
-
Manyonge Wanyama & Associates v County Government of Kisii (Miscellaneous Cause E049 of 2022) [2024] KEELRC 1774 (KLR) (4 July 2024) (Ruling)
✦ The application is granted, and the award by the Taxing Officer will be reassessed.
-
Amuiri Investments Limited v Aswani (Employment and Labour Relations Appeal E092 of 2021) [2024] KEELRC 1682 (KLR) (4 July 2024) (Ruling)
✦ The court denied the application as the applicant failed to meet the requirements for addinguce additional evidence as per the Supreme Court guidelines.
-
Kamau & 35 others v Sala Terrena Creative Construction Ltd (Appeal E010 of 2022) [2024] KEELRC 1776 (KLR) (4 July 2024) (Judgment)
✦ The trial court’s judgment and orders are set aside, and the case is sent back to the Chief Magistrate's Court for fresh trial by a different magistrate.
-
Kawimbi v Modern Coast Limited (Cause 59 of 2019) [2024] KEELRC 1777 (KLR) (4 July 2024) (Ruling)
✦ The Respondent's preliminary objection is dismissed with costs.
-
Mghendi v Governor, Taita Taveta County & another (Cause E133 of 2023) [2024] KEELRC 1960 (KLR) (4 July 2024) (Judgment)
✦ The claimant's contract was not altered without authority and he was not guilty of gross misconduct. The claim for payment for an unserved term contract and gratuity is dismissed.
-
AS Kuloba & Wangila Advocates v Walingo (Miscellaneous Application E011 of 2022) [2024] KEELRC 2176 (KLR) (4 July 2024) (Ruling)
✦ The court dismisses the client's application with costs to the advocate.
-
Epco Builders Limited v Basho (Miscellaneous Application E007 of 2024) [2024] KEELRC 1784 (KLR) (4 July 2024) (Ruling)
✦ The application is granted, and the suit is transferred to the Chief Magistrate's Court at Nairobi.
-
Abel v Teachers Service Commission (Cause E003 of 2023) [2024] KEELRC 1765 (KLR) (4 July 2024) (Judgment)
✦ The Claimant's dismissal was not procedurally fair and failed the procedural fairness test.
-
Okonjo v Protective Custody Limited (Employment and Labour Relations Cause 812 of 2019) [2024] KEELRC 1756 (KLR) (4 July 2024) (Judgment)
✦ The court finds that the claimant's employment was terminated by the respondent on grounds of redundancy and that the termination was not for a valid reason following a fair procedure.
-
Kandie v Bureau; Communications Authority of Kenya (Interested Party) (Employment and Labour Relations Petition E178 & E413 of 2023 (Consolidated)) [2024] KEELRC 1721 (KLR) (4 July 2024) (Ruling)
✦ The court dismissed the respondent's preliminary objection and consolidated the suit to proceed to hearing and determination on merits.
-
Mutua v CTAO Motors Kenya Ltd (Employment and Labour Relations Petition E065 of 2023) [2024] KEELRC 1704 (KLR) (3 July 2024) (Ruling)
✦ The court reviews its previous judgment and awards the petitioner Kshs 200,000 for discrimination.