Kenyan case law
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Joabs v Kenya Forest Service (Employment and Labour Relations Petition E202 of 2023) [2024] KEELRC 1723 (KLR) (3 July 2024) (Judgment)
✦ The Petitioner’s legitimate expectation was not violated as his disability arose less than 3 years before the date of his retirement. The Respondent was well within its mandate to execute his retirement at 60 years.
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Kenya National Private Security Workers Union v KK Security Services Limited (Employment and Labour Relations Cause E039 of 2023) [2024] KEELRC 1701 (KLR) (2 July 2024) (Judgment)
✦ The court finds the dismissal unfair and orders the respondent to pay the claimant compensation for salary in lieu of notice, unpaid leave, overtime pay, and rest days.
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Kenya Union of Commercial and Food Allied Workers Union v Woolmat Limited (Employment and Labour Relations Cause E043 of 2023) [2024] KEELRC 1702 (KLR) (2 July 2024) (Judgment)
✦ The grievant's dismissal was unfair and unjustified due to the flawed disciplinary process.
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Mengesa & another v Standard Chartered Bank Kenya Limited & another (Employment and Labour Relations Cause 805 & 804 of 2019 (Consolidated)) [2024] KEELRC 1681 (KLR) (2 July 2024) (Judgment)
✦ The termination was not for a valid reason and violated the Employment Act, 2007.
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Mogere v Waco Limited (Cause 1722 of 2017) [2024] KEELRC 1660 (KLR) (28 June 2024) (Ruling)
✦ The Application is devoid of merit and dismissed with no orders as to costs
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Kenya Union of Commercial, Food and Allied Workers v U-Fresh Enterprises Limited (Employment and Labour Relations Cause E1033 of 2021) [2024] KEELRC 1705 (KLR) (28 June 2024) (Judgment)
✦ The Respondent's action did not amount to a lock-out as it was due to a misunderstanding and the employees were fully paid their December 2021 salaries.
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Kavili v Dimamu Agencies Limited (Employment and Labour Relations Cause 1803 of 2017) [2024] KEELRC 1760 (KLR) (28 June 2024) (Judgment)
✦ The Court held that the Claimant was employed under a term contract, not a casual contract, and that the Respondent did not unfairly terminate the Claimant's employment.
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Ogutu v Central Electrical International Limited (Cause 1450 of 2017) [2024] KEELRC 1657 (KLR) (28 June 2024) (Judgment)
✦ The court found that the termination was not due to desertion and was not fair.
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Rotich v Agricultural Finance Corporation (Cause 53 of 2020) [2024] KEELRC 1675 (KLR) (28 June 2024) (Judgment)
✦ The court found that the termination was procedurally fair but not substantively fair due to the lack of independent investigation and the involvement of the same team in both the investigation and the disciplinary hearing.
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Peter Mathenge t/a Imperial Water Services v Juma (Employment and Labour Relations Appeal E210 of 2023) [2024] KEELRC 1753 (KLR) (28 June 2024) (Ruling)
✦ The Court granted the application for extension of time and stay of execution pending the appeal.
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Munene v United States International University (Cause 105 of 2019) [2024] KEELRC 1635 (KLR) (28 June 2024) (Judgment)
✦ The court declares the withholding of salary unlawful and unfair, orders damages, and requires the Respondent to refer to the Claimant as a Full Professor and pay the appropriate remuneration.
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Muthomi v Brinks Security Services Limited (Employment and Labour Relations Cause 1590 of 2017) [2024] KEELRC 1715 (KLR) (28 June 2024) (Judgment)
✦ The Court finds in favor of the Claimant on the issue of uniform charges and declares the Respondent's failure to provide uniforms at their own cost as unfair, unlawful, and unconstitutional.
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Cosmas v Eldoret Mattresses Limited & another (Cause 66 of 2017) [2024] KEELRC 1664 (KLR) (28 June 2024) (Ruling)
✦ The court has the power to join the Official Liquidator to the suit and the orders sought by the applicant are merited.
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Njunge v Wilfreight Express Cargo Ltd (Employment and Labour Relations Cause 1044 of 2017) [2024] KEELRC 1759 (KLR) (28 June 2024) (Judgment)
✦ The Court found the Claimant's employment to be a month-to-month contract and not a fixed-term contract.
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Barasa v Principal Secretary, Ministry of Interior & Coordination of National Government & 2 others; Public Service Commission (Interested Party) (Employment and Labour Relations Petition E131 of 2021) [2024] KEELRC 1643 (KLR) (28 June 2024) (Judgment)
✦ The Petition is not properly crafted and presented. It falls at this hurdle.
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Kamuti v Freight Wings Limited (Cause 1199 of 2018) [2024] KEELRC 1659 (KLR) (28 June 2024) (Ruling)
✦ The Application is dismissed with no orders as costs.
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Mohamed v Judicial Service Commission (Employment and Labour Relations Cause E645 of 2022) [2024] KEELRC 1694 (KLR) (28 June 2024) (Ruling)
✦ The court finds the application not res judicata and lacks jurisdiction due to withdrawal.
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Gichuru v Startimes Media (Kenya) Company Limited (Cause 2384 of 2016) [2024] KEELRC 1736 (KLR) (28 June 2024) (Judgment)
✦ The court found that the fixed term contract did not run its full course, and the Claimant was constructively dismissed.
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Gupta Sanjay t/a Sahara Boreholes Limited v Ogal (Civil Appeal E152 of 2023) [2024] KEELRC 1752 (KLR) (28 June 2024) (Ruling)
✦ The Appellant's application is dismissed with costs as it is not predicated on grounds that can vitiate a contract.
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Mberia v Majlis Lamu Ltd (Cause E205 of 2022) [2024] KEELRC 1662 (KLR) (28 June 2024) (Judgment)
✦ The Court found the termination fair and lawful, and the Claimant is entitled to compensatory damages of Kshs 200,000 and costs of the suit.
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Jumbo North (EA) Limited v Kiplimo (Appeal E013 of 2023) [2024] KEELRC 1677 (KLR) (28 June 2024) (Ruling)
✦ The Appellant's application for stay of proceedings is dismissed as the instant case is to proceed to its conclusion before the trial court.
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Machika v Raval (Employment and Labour Relations Cause 2139 of 2017) [2024] KEELRC 1720 (KLR) (28 June 2024) (Judgment)
✦ The court finds that the Claimant was employed by the Respondent for 3 months and that the termination of her employment was lawful.
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Shri Sai International Limited v Ondieki (Civil Appeal E153 of 2023) [2024] KEELRC 1751 (KLR) (28 June 2024) (Ruling)
✦ The application is dismissed with costs as it is not predicated on grounds that can vitiate a contract.
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Kithao v Ital Global Limited (Appeal E070 of 2023) [2024] KEELRC 1769 (KLR) (28 June 2024) (Judgment)
✦ The termination of the Appellant’s employment was procedurally and substantively unfair.
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Eldoret Polytechnic v In the matter of Advocate Stanley N Kagunza together with Evaline Sabayi Aseneka Andambi & Cedric Andambi Alubala Suing as administrators & administratix of the Estate of the Late Abenayo Alubala Andambi t/a Andambi & Company Advocates (Miscellaneous Application 1 of 2024) [2024] KEELRC 1674 (KLR) (28 June 2024) (Ruling)
✦ The court grants leave to file the reference out of time and sets aside the taxing master's decision.