Kenyan case law

Gregory Otieno Owouth v Mumias Sugar Co. Limited [2016] KEELRC 1421 (KLR)

✦ Claimant's suspension was not valid and he was not about to be terminated or declared redundant

William Kiaritha Gacheru v East African Packaging Industries Ltd [2016] KEELRC 1633 (KLR)

✦ The Court dismisses the claim for defamation and awards the claimant four months salary as compensation for unfair termination of services.

Tom Wafula Masinde v Urgent Cargo Handling Limited [2016] KEELRC 1453 (KLR)

✦ The Claimant is entitled to seven (7) months' salary in compensation for unlawful termination and one month's salary in lieu of notice.

Scholar Katuvee Mulei v Maria Zermmlin [2016] KEELRC 1013 (KLR)

✦ The Court dismisses the Claimant's claim and orders 30% of the costs to be paid by the Claimant to the Respondent.

Stephen Chase Kisaka v Emirates Airline Limited [2016] KEELRC 1101 (KLR)

✦ The Court finds that the allegations of the Claimant are not demonstrated and the application for contempt must fail.

Hamphrey Kusesi Nashombe v Kenya Revenue Authority [2016] KEELRC 28 (KLR)

✦ Dismissal was unfair and unlawful

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Board Of Management, St. Peters Marakwet Boys High School [2016] KEELRC 238 (KLR)

✦ The Court finds that the Union has satisfied the requisite test and orders the Respondent to grant recognition and continue deducting union dues.

Thomas Njumwa v Kenya Wildlife Services [2016] KEELRC 962 (KLR)

✦ Judgment entered for claimant in the sum of Kshs 369 600 plus costs and interest

Tahirih Iveria Kombe v Regal Pharmaceuticals Limited [2016] KEELRC 531 (KLR)

✦ The Court found the termination to be lawful and fair, and denied the Claimant's request for compensation and service pay.

John Chelimo (suing as the administrator of the Estate of Josiah Kandie Chelimo (Deceased) v Africa Inland Church of Kenya Trustees & 2 others [2016] KEELRC 381 (KLR)

Fredrick Byakika v Mutiso Menezes International Unlimited [2016] KEELRC 1225 (KLR)

✦ The Claimant was not an employee and the termination was not wrongful

Jesper Morande Ongaga v Kibera Church of God,Development Centre & another [2016] KEELRC 1349 (KLR)

✦ The Court dismisses the Claimant's case for non-attendance and non-prosecution as no steps have been taken for over 5 years.

Unionisable Employees of Kenya Airways v Aviation and Airport Services Workers Union (K) & 2 others [2016] KEELRC 1865 (KLR)

✦ The application lacks merit and is dismissed with costs.

Shadrack Muchemi Mbau v Presbyterian University of East Africa [2016] KEELRC 605 (KLR)

✦ The Vice Chancellor and Human Resource Manager are found guilty of contempt of court and sentenced to imprisonment for six months and three months respectively, with their sentences suspended for five days.

Scholastica Okwaro v Taita Taveta County Government [2016] KEELRC 693 (KLR)

✦ The Court has jurisdiction to hear the dispute.

Thomas Babu Mwaniki v Nassefu Co-operative Savings & Credit Society Limited [2016] KEELRC 986 (KLR)

✦ The Claimant's summary dismissal was wrongful, and the Respondent is ordered to pay the Claimant Kshs. 323,092.50 in unpaid salaries and allowances.

Harrison Muhia Mwangi v Standard Chartered Bank of Kenya Ltd [2016] KEELRC 6 (KLR)

✦ The claim is not properly framed for the claimant/union and the claimant was wrongfully terminated.

John S. Otido v Fred Simiyu & another [2016] KEELRC 1844 (KLR)

✦ The dismissal was for a valid reason and procedurally fair, but the claimant is not entitled to reinstatement or compensation.

Aloona Company Limited v Musili Mwanza [2016] KEELRC 1252 (KLR)

Francis Ndirangu v Nakumatt Holdings Limited [2016] KEELRC 1599 (KLR)

✦ The Court finds the claimant’s termination was for unjustifiable and invalid reasons, hence unfair. The Court awards 7 months basic salary as compensation for unfair termination and one month’s basic salary in lieu of notice of termination.

Titus Wanyonyi v Comet Health Care Limited [2016] KEELRC 665 (KLR)

✦ Dismissal was unfair and unjustified

Henry Kimathi Muguna v African Merchant Assurance Co. Ltd [2016] KEELRC 1350 (KLR)

✦ The Court dismisses the Claimant's cause for non-attendance and non-prosecution as no steps have been taken for over 4 years.

Thomas Icharia Chege v Telkom Kenya Limited [2016] KEELRC 500 (KLR)

✦ The Court finds that time did not begin to run against the Applicant until August 2015 when he was discharged from confinement at Avenue Hospital. The Applicant's application to file his claim out of time is therefore allowed.

Grace Jebet Keter v Mediheal Hospital & Fertility Centre Limited [2016] KEELRC 80 (KLR)

✦ The dismissal of the claimant by the respondent was unprocedural, unfair and unlawful. The claimant is entitled to one month's pay in lieu of notice and six months compensation for unlawful termination.

Thomas Ombuya Omao Getabu v County Government of Nyamira [2016] KEELRC 442 (KLR)

✦ The court finds that the Claimant is not entitled to gratuity and terminal leave as they are not provided for in the Employment Act or the Claimant's contract.