Kenyan case law
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Celina Atieno Ogutu v Undugu Society of Kenya [2019] KEELRC 2292 (KLR)
✦ The application for leave to amend the claim is granted.
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Laban Okwach Othieno v Metal Crowns Limited [2019] KEELRC 2241 (KLR)
✦ Termination was unfair
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Josephine Obaga Mogere v Telkom Kenya Limited [2019] KEELRC 2202 (KLR)
✦ The Court found that the Claimant was indeed an employee of the Respondent and that the termination was wrongful, unfair, and unlawful.
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Kananga M’nchebere & another v East African Portland Cement Company Limited [2019] KEELRC 2247 (KLR)
✦ The court finds that the termination of the employment of the 1st and 2nd Claimants was not for a valid reason and the same was not effected following a fair procedure.
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John Mark Wambugu v National Sports Fund Board of Trustees [2019] KEELRC 2284 (KLR)
✦ Petition dismissed with no order as to costs
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Charles M. Oroba & 23 others v Kenya Tea Development Agency Ltd [2019] KEELRC 2275 (KLR)
✦ The Court finds no merit in the Petition and orders that it be dismissed with costs to the Respondent.
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John Kamau Wangari, Isaac Macharia & Peter Wachira v Nacico Co-operative Savings & Credit Society Ltd [2019] KEELRC 2268 (KLR)
✦ The Court finds that the cause(s) of action presented are not subject to the limitation provision of the Employment Act, 2007.
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Eric Mwanzia v Intercontinental Hotel [2019] KEELRC 2231 (KLR)
✦ The dismissal was not for a valid reason and was not fair, and the Claimant is entitled to compensation.
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Peter Ngigi Karanja & 22 others v Bidco Oil Refineries Ltd [2019] KEELRC 2278 (KLR)
✦ The Court finds and holds that the termination of the contracts of the Claimants were fair, procedurally and substantively.
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Paul Mumo Kitavi v Acme Containers Limited [2019] KEELRC 2296 (KLR)
✦ The court held that the termination was procedurally unfair and substantively unjustified.
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John Nderitu Wahome v Trustees, Mt Kenya Baptist School [2019] KEELRC 2299 (KLR)
✦ The contract was a fixed-term contract, and the dismissal was not in breach of the Employment Act. The claimant is not entitled to the remedies sought.
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Caroline Nyakerario v SEO & Son Limited [2019] KEELRC 1962 (KLR)
✦ The court awards the claimant Caroline Nyakerario and other employees the following: notice pay, annual leave, underpayment, house allowance, and service pay.
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Margaret Wanja Muthui v Ministry of Transport, Infrastructure, Housing and Urban Development & 2 others [2019] KEELRC 2161 (KLR)
✦ Petitioner's deployment was illegal, unreasonable, and without authority. Petition is allowed.
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Kenga Cheupe v China Jiangxi International Kenya Limited [2019] KEELRC 2279 (KLR)
✦ Respondent's application for extension of time to file Notice of Appeal is dismissed with costs to the Claimant.
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Peter Kegode v United Millers Ltd [2019] KEELRC 1991 (KLR)
✦ The claims are dismissed as the claimant has not provided evidence of a birth and the right to paternity leave requires proactive application. Severance pay is not due. General damages for wrongful dismissal are not due.
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Nandeka Dora Anyango v Teachers Service Commmission [2019] KEELRC 2244 (KLR)
✦ The interdicting order is discharged as it was obtained through misrepresentation and concealment of material facts.
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Rahab Njeri Kaguthi v MEAS Agricultural Centre Limited [2019] KEELRC 1961 (KLR)
✦ Claimant is entitled to the due underpayments for the position of Cashier held from 17th May, 2008 to 17th November, 2016, together with the house allowance. The claimant is awarded Ksh.23,262 in notice pay. Costs are also awarded.
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Francis Nyangaresi Angwenyi v Brinks Security Services Ltd [2019] KEELRC 2016 (KLR)
✦ The dismissal was unfair and the claimant is entitled to notice pay and compensation.
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Charles Madegwa Anangwe v Crown Beverages Limited [2019] KEELRC 2240 (KLR)
✦ The summary dismissal was not for a valid reason and was unlawful. The claimant is awarded compensation for unlawful dismissal, notice pay, leave pay, and arrears.
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Michael Getanda MakenI & 3 others v Ecobank Kenya Limited [2019] KEELRC 2246 (KLR)
✦ The summary dismissals were unlawful and unfair, and the claimants are entitled to compensation and notice pay.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Hobunaka Girls Secondary School Board of Management [2019] KEELRC 2228 (KLR)
✦ The suit is dismissed with no order as to costs.
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Erick Otieno Oricho & 6 others v County Public Service Board & 2 others [2019] KEELRC 2195 (KLR)
✦ The court issued an order staying the operationalisation of the notices of termination of the claimants' contracts.
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Duncan Ochieng Nyangoje v China Overseas Engineering Group Company Limited [2019] KEELRC 2249 (KLR)
✦ Claimant awarded Kshs. 104,843.75 in total, including Kshs. 18,000 in lieu of notice, Kshs. 32,843.75 in unpaid salary, and Kshs. 54,000 in compensation.
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Josephine Naliaka Simiyu v Mercy Coprs [2019] KEELRC 1935 (KLR)
✦ The court held that the respondent had the right to suspend the claimant for misconduct, but the suspension was not justified and the claimant was entitled to a fair hearing. The respondent was ordered to pay the claimant her terminal dues.
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Mark Ngaira Ibochio v World Class Cities Ministries [2019] KEELRC 1810 (KLR)
✦ The Employment and Labour Relations Court (ELRC) found in favor of the claimant, ordering the respondent to pay various compensations and damages.