Kenyan case law

Everlyne Adhiambo Okonga v Maasai Bars and Restaurants Limited [2021] KEELRC 2143 (KLR)

Margaret Wanjiru Iraki (suing as the Administratrix of the Estate of Charles Kariuki Mwangi (Deceased) v Kudheiha Workers Union [2021] KEELRC 1417 (KLR)

✦ Judgment is entered for the claimant against the respondent for the sum of Ksh.1,881,000.

Erick Muhalia v Keroche Breweries Limited [2021] KEELRC 1405 (KLR)

✦ The termination of the claimant's employment was found to be unfair and the claimant is entitled to compensation, notice pay, unpaid salary, and leave pay.

Kenya Electrical Traders & Allied Workers Union v Kenya Electricity Transmission Company Ltd [2021] KEELRC 2146 (KLR)

✦ The court found that the Claimant did not meet the legal threshold for recognition under section 54(1) of the Labour Relations Act.

Jacob Ouma Nyambok & 12 others v Migori County Government & another [2021] KEELRC 2108 (KLR)

✦ The application is dismissed as it is res judicata by fact of determination of all the issues in the previous case.

Kenya Union of Domestic, Hotels, Educational Institutions And Hospital Workers v Yusuf Shubi Abashei [2021] KEELRC 2131 (KLR)

✦ The Court dismisses the Respondent's Preliminary Objection.

Aggrey Ajwang Juma v Kenya Railways Corporation [2021] KEELRC 2135 (KLR)

✦ Petition is resjudicata and struck out with costs

Douglas Oseko Bosire & 4 others v Amos Kimwomi Nyaribo & 8 others [2021] KEELRC 2128 (KLR)

✦ The applicants' application has no merit and cannot stand. The interim orders are vacated.

Kenya Union of Sugar Plantation and Allied Workers v Butali Sugar Mills Limited [2021] KEELRC 2145 (KLR)

✦ The court declared that the Notice of Motion application was not competent and properly filed

Joseph Maina Mwangi v Gathare Bar Hotel & Boarding House [2021] KEELRC 1424 (KLR)

✦ The claimant was employed on a permanent basis and the termination was unfair. The court orders notice pay, leave days, and underpayments but declines severance pay.

Dorcah Nyambeki Nyakundi v Yusuf Ali [2021] KEELRC 2152 (KLR)

✦ Respondent's Preliminary Objection is without merit and is overruled with costs to the Claimant

Alexander Kasina Mukala v Kenya Power & Lighting Company [2021] KEELRC 1476 (KLR)

✦ Applications filed by the claimant seeking leave to file appeal and or counter-appeal out of time are hereby dismissed.

Anthony Njuguna v Afri-China International Co. Ltd & another [2021] KEELRC 2125 (KLR)

✦ Claimant's active steps to prosecute the Claim are recognized. The Claim is transferred to the E&LRC at Nyeri.

Dorothy Gatakaa Angaine v Teachers Service Commission [2021] KEELRC 2119 (KLR)

✦ Respondent is liable for costs of the suit due to failure to conclude disciplinary process within stipulated timelines

Dalmas Oyugi v Speaker, Migori County Assembly & 3 others [2021] KEELRC 2137 (KLR)

✦ The application is dismissed with costs, as the court does not intervene to pre-empt the disciplinary process sanctioned by law.

Charles Maningi Shalala v Lavington Security Limited [2021] KEELRC 1481 (KLR)

✦ The court finds that the termination was justified due to the employees' unsanctioned industrial action, and compensation and notice pay are not available in such cases.

Rift Valley Railway Workers Union v Kenya Railways Corporation [2021] KEELRC 2150 (KLR)

✦ The claim is declined for want of jurisdiction.

Blue Cat Port Services Ltd v George Oteko Orimbo & 2 others [2021] KEELRC 2140 (KLR)

✦ The application for leave to file an appeal out of time is declined with costs to the 1st Respondent.

Erastus Onyango Nyamori v County Government of Migori & another [2021] KEELRC 2127 (KLR)

✦ The Court finds that the removal of the Claimant was unfair and declares it to be so.

Anthony Orido v Mayfair Holdings Ltd t/a Imperial Hotel/Imperial Hotel Express [2021] KEELRC 2142 (KLR)

✦ The termination of the employment was unfair due to procedural infirmities and the Respondent's failure to prove the reasons for termination.

West Kenya Sugar Co Ltd v Daniel Mwanje Akatu [2021] KEELRC 2138 (KLR)

✦ The Court dismisses the Appeal for the reasons already outlined hereinabove.

Leonard Sigey Bett v Governor, County of Bomet & County Assembly Of Bomet [2021] KEELRC 2144 (KLR)

✦ The appointment of Stella Chepkoech Langat was invalid and the Respondents acted ultra vires.

Douglas Katana Randu v Judicial Service Commission & another [2021] KEELRC 2105 (KLR)

✦ The Petitioner's fundamental rights and freedoms were not breached, and the disciplinary proceedings, conviction, and dismissal are valid and constitutional.

Ephantus Wambua Macharia v Presbyterian Church of East Africa & another [2021] KEELRC 2121 (KLR)

✦ The execution warrants are set aside, and the Respondents/Applicants are given the opportunity to raise their issue with the costs.

Job Madede v Acacia Ventures Limited [2021] KEELRC 2132 (KLR)

✦ The Respondent's motion to stay the execution and reinstate previous orders is dismissed with costs to the Claimant. The decretal sum will be released to the Claimant's advocate if the Respondent does not secure stay orders from the Appellate Court within 10 days.