Kenyan case law
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Mathenge & 2 others v Inspector General of Police & 2 others; Kenya Human Rights Commission (Proposed Interested Party) (Judicial Review E032 of 2021) [2022] KEELRC 1734 (KLR) (23 June 2022) (Ruling)
✦ The application has merit and is granted.
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Nyabali v Mayfair Holdings Limited (Cause 103 of 2016) [2022] KEELRC 1111 (KLR) (23 June 2022) (Judgment)
✦ The Court found the termination to be unfair.
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Empire Feeds Ltd v King’ou (Appeal 6 of 2020) [2022] KEELRC 1501 (KLR) (23 June 2022) (Judgment)
✦ The court found that the respondent's employment was not converted from casual to term contract, and thus the other issues cannot be logically determined.
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Nganga v Safigen Kenya Limited (Cause 30 of 2019) [2022] KEELRC 1433 (KLR) (23 June 2022) (Ruling)
✦ The Application is not meritorious
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Gaturu v Agriculture and Food Authority (Cause 1233 of 2015) [2022] KEELRC 1500 (KLR) (23 June 2022) (Judgment)
✦ The claimant was not terminated from employment and the respondent was not bound to give reasons for the termination.
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Omuit v Texas Alarms [K] Ltd (Cause 894 of 2017) [2022] KEELRC 1098 (KLR) (23 June 2022) (Judgment)
✦ The termination of the Claimant's employment was unfair, and the court awarded compensation for unfair termination of employment, house allowance, and leave allowance.
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Brinks Security Services Limited v Karani (Appeal E004 of 2021) [2022] KEELRC 1343 (KLR) (23 June 2022) (Ruling)
✦ The Court dismissed the application for extension of time to file the appeal, finding no memorandum of appeal was filed and that the Appellant did not show good and sufficient cause for the delay.
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Otieno v United Millers Limited (Cause 77 of 2019) [2022] KEELRC 1428 (KLR) (23 June 2022) (Judgment)
✦ The termination was unfair as it was procedurally and substantively unjust.
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Sava v Kitui Cottages And Guest House (Cause 1280 of 2017) [2022] KEELRC 1499 (KLR) (23 June 2022) (Judgment)
✦ The claim is dismissed, and the claimant is awarded salary for 16 days worked in November, 2013, being Kshs 12,266.60, subject to interest.
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Kirimi v Sameer Africa Limited (Cause 303 of 2019) [2022] KEELRC 112 (KLR) (23 June 2022) (Ruling)
✦ The amendments sought are allowed as they do not introduce a new cause of action and do not prejudice the respondent.
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Kenya Union of Road Contractors and Civil Engineering Workers v Mwenda Construction Limited (Cause E319 of 2022) [2022] KEELRC 1137 (KLR) (23 June 2022) (Ruling)
✦ The Court denied the application for mandatory injunction due to lack of special circumstances and the Respondent's failure to respond to the application.
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Transport Workers Union v Great Rift Express Shuttles Ltd (Cause 2520 of 2017) [2022] KEELRC 1130 (KLR) (23 June 2022) (Judgment)
✦ The grievant was not engaged as a casual employee and was entitled to the safeguards under sections 41, 43, and 45 of the Employment Act. The reasons for the grievant's termination were not proved and the termination was deemed unfair.
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Jakait; Judicial Service Commission (Respondent) (Employment and Labour Relations Petition E951 of 2022) [2022] KEELRC 1427 (KLR) (23 June 2022) (Ruling)
✦ The court finds the Application not merited and denies the conservatory order.
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Gitau & 2 others v Lamu County Public Service Board & another (Constitutional Petition E005 of 2021) [2022] KEELRC 1741 (KLR) (23 June 2022) (Judgment)
✦ Court has jurisdiction to hear the petition. Positions were established in accordance with law.
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Donche v Attorney General & 2 others (Cause 2596 of 2016) [2022] KEELRC 3769 (KLR) (23 June 2022) (Judgment)
✦ The termination of the Claimant's employment came into effect on September 15, 2016, and the Claimant is not entitled to any of the reliefs sought due to his misconduct.
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Sherry v Children Transformation Project (K) (Cause 439 of 2017) [2022] KEELRC 1429 (KLR) (23 June 2022) (Judgment)
✦ The court found that the Claimant was not constructively dismissed and that her contract was not fairly terminated.
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Kiragu v Nairobi Bottlers Limited (Cause 1302 of 2018) [2022] KEELRC 1431 (KLR) (23 June 2022) (Ruling)
✦ The court will not dismiss the suit but will list it for hearing on a priority basis.
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Obiero v Lake Basin Development Authority (Petition 4 of 2020) [2022] KEELRC 1443 (KLR) (22 June 2022) (Ruling)
✦ The Court finds the Respondent in wilful disobedience and orders payment of Kshs 181,312/50 within 21 days.
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Ober & another v County Government of Homa Bay (Cause 39 of 2013) [2022] KEELRC 1435 (KLR) (22 June 2022) (Ruling)
✦ The Motion is dismissed with costs to the Respondent.
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Kenya Engineering Workers Union v Farm Engineering Industries Ltd (Cause 32 of 2019) [2022] KEELRC 1442 (KLR) (22 June 2022) (Ruling)
✦ The Court dismisses the Respondent's Motion without merit and grants costs to the Union.
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Luketelo v JRS Systems Ltd (Cause 79 of 2018) [2022] KEELRC 1436 (KLR) (22 June 2022) (Judgment)
✦ The court finds that the claimant’s employment was not unfairly terminated, but there was a breach of contract regarding accrued leave and a need to issue a Certificate of Service.
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Yaa & another (Suing as Administrators of the Estate of Frederick Yaa Charo) v Kilifi County Government (Cause 76 of 2017) [2022] KEELRC 1440 (KLR) (21 June 2022) (Ruling)
✦ The Kilifi County Government is not liable for wrongful termination as it had no power to hire or fire the deceased claimant.
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Women’s Link Worldwide v Muthiana (Petition E193 of 2021) [2022] KEELRC 1434 (KLR) (21 June 2022) (Ruling)
✦ The Court grants the extension of time for the Respondent to file a response to the Petition and deems the Notice of Preliminary Objection as duly filed.
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Chamsou and jorin v Boeing International Corporation PLC (Cause E994 of 2021) [2022] KEELRC 1738 (KLR) (21 June 2022) (Ruling)
✦ The preliminary objection is competent, and the Court has jurisdiction to determine the application. The proceedings should be stayed and the matter referred to arbitration.
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Mohamed v Jamia Food Mart Limited (Cause 152 of 2016) [2022] KEELRC 1423 (KLR) (21 June 2022) (Judgment)
✦ Claimant awarded Kshs. 565,856.60 in total, including 1 year leave, holiday pay, 1 month salary in lieu of notice, and 10 months compensation for unlawful termination.