Kenyan case law

Hansen Balanga Atsanga v Shiva Carriers Ltd [2017] KEELRC 1914 (KLR)

✦ The court finds the claimant did not prove he was unfairly dismissed and grants leave for six months, salary for suspension, and certificate of service.

Seth Shikanga Aluvala v General Industries Limited [2017] KEELRC 891 (KLR)

✦ The termination was substantively and procedurally unfair, and the Claimant is awarded three months' salary in compensation and balance of notice pay.

Felix Otieno & 18 others v Kenya Power Ltd [2017] KEELRC 1616 (KLR)

✦ The court found that the applicants' claim does not fall under the provisions of section 27 and 28 of the Limitation of Actions Act, and thus, the application for leave to file suit out of time is dismissed.

Kenya Hotels and Allied Workers Union v Carslake Nominee Limited t/a Diani Sea Resort [2017] KEELRC 438 (KLR)

✦ The termination was based on valid grounds but faulty procedure

Wycliffe Munyasia Manyonge v Agrics Farm Inputs & Credit (K) [2017] KEELRC 610 (KLR)

✦ The motion is dismissed with costs to the Claimant.

Japheth Kathungumi v Njuca Consolidated Co. Ltd [2017] KEELRC 1947 (KLR)

✦ Claimant is entitled to payment in lieu of notice, compensation, and severance pay.

Isaya Okalama Atsole v Cosmotek Interiors Limited [2017] KEELRC 772 (KLR)

✦ The claimant is entitled to compensation in the sum of Kshs.70,200, including one month's salary in lieu of notice and three months' salary as compensation.

Walter Nalianya v Manager Elgon Villa Hotel [2017] KEELRC 1557 (KLR)

✦ Claimant was employed on a 6 months contract from November 2010 to April 2011. The court awards Shs.32,760 for salary arrears, leave, and overtime.

Jackline Lucy Maraka v Teachers Service Commission [2017] KEELRC 1933 (KLR)

✦ The motion is not merited and the application is dismissed with no order as to costs.

Joe K. Kamaria v County Government of Embu & 2 others [2017] KEELRC 1672 (KLR)

✦ The Respondents' application for review is dismissed

Turbo Highway Eldoret Limited & another v Bank of Africa Kenya Limited [2017] KEELRC 1476 (KLR)

Felix Odhiambo Mwai v P N Mashru Limited [2017] KEELRC 1025 (KLR)

✦ Termination was unfair and the Respondent did not prove it was experiencing low business.

Evans Ooko Aringo v Severin Sea Lodge [2017] KEELRC 163 (KLR)

✦ The claimant is entitled to compensation for unfair termination and costs.

James Muriithi Kiumbe v Mellech Engineering and Construction Limited [2017] KEELRC 249 (KLR)

✦ The court enters judgment in favor of the claimant for Kshs. 825,787.70, payable with interest from March 20, 2013, and the respondent to pay the costs of the suit.

Fredrick Kibwana Elabonga v Build Africa Kenya [2017] KEELRC 1787 (KLR)

✦ The Court declines to grant a stay order and orders the execution to proceed.

Humphrey Mukundi Mwangi v Bradegate Holdings Limited [2017] KEELRC 409 (KLR)

✦ The court grants an extension of time for filing a notice of appeal and allows the claimant to try its luck at the Court of Appeal.

Jared Onyango Oodindo v Civicon Ltd [2017] KEELRC 260 (KLR)

✦ Allow the Notice of Motion to amend the statement of claim

T M M v C C E C C [K] Ltd [2017] KEELRC 990 (KLR)

✦ The court finds that the claimant was terminated by the respondent and that the termination was unfair. The court awards compensation for the unfair termination and underpayment of salary.

Ismael Ndambuki v Simba Corporation Limited [2017] KEELRC 239 (KLR)

✦ The court grants the claimant a chance to prosecute his case and awards costs to the respondent.

Kenya Scientific Research International, Technical & Institution Workers Union v Kenya Agricultural & Livestock Research Organization (Sugar Research Institute) [2017] KEELRC 1520 (KLR)

✦ The claim is not time barred and the preliminary objection is dismissed with no costs awarded

Henry Osiemo Obaigwa v Ministry of State for Defence & another [2017] KEELRC 32 (KLR)

✦ Suit dismissed as time barred, but no costs awarded

Stanley Ndungu Ngundo v Midlands Limited [2017] KEELRC 1853 (KLR)

✦ The dismissal was procedurally unfair.

Idd Salim Mwadele & 19 others v Kwale International Sugar Co. Ltd [2017] KEELRC 253 (KLR)

✦ The claimants' casual employment never converted to regular term contract of service, and they were not unfairly terminated.

Jackson Cheruiyot Rono v County Secretary Bomet & another [2017] KEELRC 116 (KLR)

✦ The court finds that the claimant is not entitled to the relief sought.

Osore Sammy Mohan v Tononoka Rolling Mills Limited [2017] KEELRC 1611 (KLR)

✦ Claimant's claim is struck out with no order for costs