Kenyan case law

HGI v Eastern Produce Kenya Limited [2020] KEELRC 1919 (KLR)

✦ Claimant's claim is unmerited and dismissed with costs.

SBI International Holdings AG (K) v Reuben Kipkorir J.T Bore [2020] KEELRC 1907 (KLR)

Violet Wanjiru Kanyiri v Kuku Foods Limited [2020] KEELRC 259 (KLR)

✦ The Court finds that the Claimant was unfairly dismissed and orders Respondent to pay the Claimant's costs and interest on the decretal sum from the date of judgment until payment in full.

Francis Angueyah Ominde v Wilbur Ottichilo & 2 other; Henry Mangogo Lumbasio & 20 others (Interested Parties) [2020] KEELRC 117 (KLR)

✦ The Court declared the Governor's unilateral decision to set the term of office for County Executive Committee members and Chief Officers unlawful and null and void. It also ordered the County Public Service Board to set the term and conditions of service for the 11th-21st Interested Parties within 30 days.

Transmara Sugar Company Limited v Albert Opiyo [2020] KEELRC 1357 (KLR)

✦ The appeal is dismissed with costs, and the award of Kshs. 800,000 in general damages is confirmed.

Hellen Khamali v Teachers Service Commission & another [2020] KEELRC 465 (KLR)

✦ The dismissal was unfair and unlawful, and the Petitioner's rights under Articles 41, 47, 48, and 50 of the Constitution were infringed.

Teresia Koki Musyoka v Excel Chemicals Limited [2020] KEELRC 1112 (KLR)

✦ The Court finds that the termination of the Claimant's employment was unfair due to the Respondent's failure to discharge the burden imposed by sections 43 and 45 of the Employment Act, 2007.

Hassan Willy Lesupen & 3 others v National Government Constituencies Development Fund (NG-CDF) Board & another; Samuel Kiprotich Burgei & 7 others (Interested Parties) [2020] KEELRC 862 (KLR)

✦ The court declared the appointments of the 8 interested parties null and void and quashed them.

Hedwig Nyalwal v Kenya Institute of Supplies Management [2020] KEELRC 402 (KLR)

✦ Interim injunction granted to preserve Claimant's position pending determination of the suit

Sarah Mogusu v Omega Risk Management Limited [2020] KEELRC 1074 (KLR)

✦ The dismissal was procedurally unfair but substantively fair, and the Claimant is entitled to earned wages up to the date of dismissal and 1 month salary in lieu of notice.

Sarah Njeri Ngugi v First Choice Tours & Travel Limited [2020] KEELRC 1236 (KLR)

✦ The dismissal was unfair and unjustified, and the counter-claim is allowed.

Sarah Njuhi Mwenda v Head of Public Service & 4 others [2020] KEELRC 1348 (KLR)

✦ The Court granted the conservatory orders restraining the Respondents from redeploying and/or releasing the Petitioner from the Ministry of Lands and Physical Planning.

Vincent K.H. Ogada v Aar Healthcare Holdings Ltd [2020] KEELRC 1814 (KLR)

✦ The Court upholds the Respondent's Preliminary Objection and strikes out the Cause.

Vincent Kebari v Stephen Gikera & Punit Vadgama t/a Gikera & Vadgama Advocates [2020] KEELRC 426 (KLR)

✦ Termination of the Claimant's contract was unfair, and he is entitled to compensation equivalent to 5 1⁄2 months' gross salary at Kshs. 1,140,573.

Haig Aseda v Octant Energy Limited & 2 others [2020] KEELRC 827 (KLR)

✦ The Court finds that the claimant has failed to establish a justification for the prayers made and the preliminary objections are upheld to the extent that there exists no established contract of service between the claimant and the 1st and 3rd respondents who are liable to being struck out as parties to the suit.

Teachers Service Commission v Benson Kuria Mwangi [2020] KEELRC 1501 (KLR)

✦ The application is dismissed with costs.

Esther Wanjiru Maina v BOM Karatina DEB Primary School [2020] KEELRC 1242 (KLR)

✦ Summary dismissal is cancelled, and termination reduced to normal termination with notice. Claimant is entitled to one month's salary as notice, 6 months' salary as compensation, and costs of the suit.

Kenya National Union of Nurses v Nakuru Public Service Board [2020] KEELRC 1081 (KLR)

✦ The claim is dismissed in its entirety, with each party bearing their own costs.

George Oppolo v Guaranty Trust Bank of (K) Ltd [2020] KEELRC 1343 (KLR)

✦ The Court finds that the cause of action is statute-barred due to limitation and strikes out the Memorandum of Claim.

Henry Aganda v Freight In Time Limited [2020] KEELRC 778 (KLR)

✦ The dismissal was wrongful and unfair, and the respondent is liable for unpaid salaries and benefits.

Joseph Mwangondi Mwaore v TSS Grain Millers Ltd [2020] KEELRC 695 (KLR)

✦ The termination of the Claimant’s employment was substantively and procedurally unfair, and he is entitled to compensation.

Hamisi Jumanne v Shiva Carriers Limited [2020] KEELRC 1817 (KLR)

✦ The termination was not unfair, and the Claimant's prayer for overtime pay is rejected.

Eziekiel O Owuor v CIC Insurance Group Limited & another [2020] KEELRC 1757 (KLR)

Henry Muema Kimanthi v Nairobi City Water and Sewerage Company Limited [2020] KEELRC 813 (KLR)

✦ The Court finds that the claimant's contract lapsed by effluxion of time and there was no evidence of performance. The claimant is not entitled to payment on account of alleged denial of renewals.

James Mbarawa Dudah & 86 others v Attorney General & 2 others [2020] KEELRC 1104 (KLR)

✦ The Court finds no merit in the (Amended) Memorandum of Claim and dismisses it. No order on costs.