Kenyan case law

West Kenya Sugar Co Ltd v Joseph Sore Shirambula (Civil Appeal 45 of 2018) [2021] KEELRC 2149 (KLR) (17 February 2021) (Judgment)

✦ The Court sets aside the award of general damages and substitutes an award of Kshs 450,000/-

Sheria Mtaani Na Shadrack Wambui & another v Judicial Services Commission [2021] KEELRC 2153 (KLR)

✦ The court finds that magistrates are employees in public service and E&LRC has jurisdiction to hear and determine disputes arising from their recruitment, appointment, discipline, and removal.

Peter Akure Lothike v Public Service Commission & 3 others [2021] KEELRC 1431 (KLR)

✦ The petition is dismissed as the dispute should have been filed as a claim under the Labour Relations Act, not a petition under the Constitution.

Muthama Ngumbi & 2 others v Tailors and Textiles Workers Union & another [2021] KEELRC 2134 (KLR)

✦ The court dismissed the petition and applications, finding that the petitioners lacked capacity to vie for positions and that the Respondent's actions were in accordance with the law.

Paul Masinde Simidi v National Oil Corporation of Kenya Limited & another [2021] KEELRC 2130 (KLR)

✦ The Court of Appeal set aside the entire judgment and decree of the lower court, including the award of damages, terminal benefits, and costs.

Jared Edwin Kawimbi v Modern Coast Building and Construction Ltd [2021] KEELRC 2171 (KLR)

✦ The Court allowed the Claimant's application to amend the claim to change the Respondent's name to Modern Coast Builders & Contractors Ltd.

Mabel Imbuga v Jomo Kenyatta University of Agriculture and Technology [2021] KEELRC 2169 (KLR)

✦ The Court strikes out the annexures to the Claimant's Supporting Affidavit and the Supplementary Affidavit due to non-compliance with Rule 9 of the Oaths and Statutory Declaration Rules.

Kudheiha Workers v B.O.M. Eastleigh High School [2021] KEELRC 1408 (KLR)

✦ The court finds no matter sufficient to compel the respondent to recognise the claimant.

Siyad Madey Mohamud v National Bank of Kenya Limited [2021] KEELRC 2161 (KLR)

✦ The Court orders the Respondent to hear the Claimant's appeal based on his affidavit sworn on March 16, 2017.

Ruth Nyamokami v Habo Group of Companies [2021] KEELRC 2204 (KLR)

✦ The Court finds and holds that the Respondent terminated the Claimant's employment without valid reason and in violation of due procedure, and awards the Claimant twelve (12) months' salary in compensation.

Kenya Union of Sugar Plantation & Allied Workers v West Kenya Sugar Company Limited [2021] KEELRC 2190 (KLR)

✦ The application is granted, and the judgment is stayed pending the hearing of the appeal.

Anne Wairimu Nduta v Ukristo Na Ufanisi Was Anglicana Sacco Ltd [2021] KEELRC 2351 (KLR)

✦ Termination of employment is unfair if not in accordance with fair procedure as required under section 41 of the Employment Act

Kennedy Wambua Mulwa v Kitui County Chief Officer- Health and Sanitation & 2 others; Richard Muthoka (Contemnor) [2021] KEELRC 2193 (KLR)

✦ The Petitioner's Notice of Preliminary Objection was dismissed.

Joan Koech & 3 others v Swissport Kenya Limited [2021] KEELRC 2166 (KLR)

✦ The court dismissed the claimants' case as the claim was based on written submissions after the close of the hearing, and the dismissal was fair based on the investigation report.

Hassan Kibwana Said v A To Z Transporters Limited [2021] KEELRC 2168 (KLR)

Kellum Aluha Chandai v Clerk to County Assembly of Bungoma & 3 others; County Assembly of Bungoma & another (Interested Parties) [2021] KEELRC 2181 (KLR)

✦ The application is dismissed with costs.

West Kenya Sugar Company Limited v Kenya Union of Sugarcane Plantation and Allied Workers [2021] KEELRC 2154 (KLR)

✦ The Court grants an injunction restraining the Respondent from taking part in the strike pending the hearing and determination of the main suit.

Kisii County Government & another v Jackson Moindi Ontegi [2021] KEELRC 2183 (KLR)

✦ The application is dismissed with costs as it lacks merit and does not qualify as an application for review.

Benedict Wechuli v Navakholo Constituency Development Fund & another [2021] KEELRC 2185 (KLR)

✦ The court finds that the dismissal of the suit for want of prosecution was not justified due to the claimant's absence without explanation.

Kenya Engineering Workers Union v Kenya General Industries [2021] KEELRC 2197 (KLR)

✦ The Court declines to grant any orders at the interlocutory stage and directs the parties to list the main claim for hearing on priority basis.

Bethwel Tanui v Startimes Media (Kenya) Co Limited [2021] KEELRC 2167 (KLR)

✦ The Court found that the claimant demonstrated on a balance of probability that he was not given a fair hearing before being summarily dismissed.

Ahmed Ali Twahir v M.J Clarke Limited [2021] KEELRC 2184 (KLR)

✦ The Court finds that the termination was lawful and fair, and the Claimant is not entitled to the remedies sought.

Rift Valley Railways Workers Union (K) v Kenya Railways Staff Retirement Benefits Scheme & 2 others; Retirement Benefits Authority (Interested Party) [2021] KEELRC 1463 (KLR)

✦ The court finds no matter for review in the instant application

Kenya Union of Sugarcane Plantation and Allied Workers v West Kenya Sugar Company Limited [2021] KEELRC 2159 (KLR)

✦ Application for contempt is dismissed with costs.

Erastus K. Gitonga & 4 others v National Environment Management Authority; Law Society of Kenya & another (Interested Parties) [2021] KEELRC 2180 (KLR)

✦ The Court finds the Respondent has not fully complied with the orders and orders the Respondent to deposit an additional Kshs. 3,000,000 within 14 days, with a default order to become void.