Kenyan case law
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Kenya Union of Commercial, Food and Allied Workers v U-Fresh Enterprises Limited (Employment and Labour Relations Cause E1033 of 2021) [2024] KEELRC 1705 (KLR) (28 June 2024) (Judgment)
✦ The Respondent's action did not amount to a lock-out as it was due to a misunderstanding and the employees were fully paid their December 2021 salaries.
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Kithao v Ital Global Limited (Appeal E070 of 2023) [2024] KEELRC 1769 (KLR) (28 June 2024) (Judgment)
✦ The termination of the Appellant’s employment was procedurally and substantively unfair.
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Eldoret Polytechnic v In the matter of Advocate Stanley N Kagunza together with Evaline Sabayi Aseneka Andambi & Cedric Andambi Alubala Suing as administrators & administratix of the Estate of the Late Abenayo Alubala Andambi t/a Andambi & Company Advocates (Miscellaneous Application 1 of 2024) [2024] KEELRC 1674 (KLR) (28 June 2024) (Ruling)
✦ The court grants leave to file the reference out of time and sets aside the taxing master's decision.
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Guyo v Commandant Kenya Prisons Staff Training College & 2 others (Employment and Labour Relations Petition E074 of 2021) [2024] KEELRC 1716 (KLR) (28 June 2024) (Ruling)
✦ The court reviews its judgment and replaces some of the earlier orders with new ones
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Nyakundi v Sasini Coffee House Limited (Employment and Labour Relations Cause 122 of 2017) [2024] KEELRC 1758 (KLR) (28 June 2024) (Judgment)
✦ The Court finds that the dismissal was unfair.
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Nyaundi v Kilgoris Klassic Sacco Limited (Cause 1002 of 2015) [2024] KEELRC 1714 (KLR) (28 June 2024) (Ruling)
✦ The reference is dismissed as the Taxing Master did not commit an error of principle in the taxation of the party and party costs.
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Gichia v Policy Holders Compensation Fund (Statutory Manager, United Insurance Company) (Cause E064 of 2022) [2024] KEELRC 1661 (KLR) (28 June 2024) (Judgment)
✦ The Court finds that the Claimant was not unfairly and unlawfully terminated from employment and dismisses the claim with costs.
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Raichenah v Young Women’s Christian Association Of Kenya (Cause E499 of 2022) [2024] KEELRC 13626 (KLR) (28 June 2024) (Judgment)
✦ The termination was not unfair due to absence without permission on the date the claimant attended the training without permission. However, the claimant came back to the office immediately the same day of the training.
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Makau v Occidental Insurance Company Limited (Cause E1069 of 2023) [2024] KEELRC 1637 (KLR) (28 June 2024) (Ruling)
✦ The court upholds the preliminary objection and strikes out the suit, finding that the matters in dispute are within the authority of the Director under the Act and may come to the Court by appeal.
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Gichuru v Startimes Media (Kenya) Company Limited (Cause 2384 of 2016) [2024] KEELRC 1736 (KLR) (28 June 2024) (Judgment)
✦ The court found that the fixed term contract did not run its full course, and the Claimant was constructively dismissed.
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Sum v Njaggah & 2 others; Attorney General (Interested Party) (Constitutional Petition E130 of 2023) [2024] KEELRC 1638 (KLR) (28 June 2024) (Ruling)
✦ The application is dismissed and each party is ordered to bear their own costs.
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Aseyo v Omega Opticians Limited (Employment and Labour Relations Cause 1079 of 2018) [2024] KEELRC 1717 (KLR) (28 June 2024) (Judgment)
✦ The Court found that the dismissal was not unfair and did not grant the Claimant's prayers.
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Kenya Union of Commercial Food and Allied Workers v Bhumi Distributors Limited (Cause E0004 of 2013) [2024] KEELRC 1676 (KLR) (28 June 2024) (Ruling)
✦ Application for review dismissed
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Amutavi v DHL Supply Chain Kenya Limited (Petition E021 of 2022) [2024] KEELRC 1633 (KLR) (28 June 2024) (Judgment)
✦ This Court has jurisdiction to entertain the petition.
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Shri Sai International Limited v Ondieki (Civil Appeal E153 of 2023) [2024] KEELRC 1751 (KLR) (28 June 2024) (Ruling)
✦ The application is dismissed with costs as it is not predicated on grounds that can vitiate a contract.
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Nyambane v County Government of Uasin Gishu (Cause E004 of 2024) [2024] KEELRC 1665 (KLR) (28 June 2024) (Ruling)
✦ The claim is premature and the suit is struck out with no costs.
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Rachuonyo v Jaramogi Oginga Odinga University of Science and Technology (Cause E053 of 2022) [2024] KEELRC 1642 (KLR) (27 June 2024) (Ruling)
✦ The court sets aside the order directing the matter to proceed undefended and grants the Claimant leave to file its defence out of time.
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Egerton University v Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) & another (Petition E002 of 2022) [2024] KEELRC 1680 (KLR) (27 June 2024) (Judgment)
✦ The petition is incurably defective and is hereby struck out with no order as to costs.
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Kenya Medical Pharmacists & Dentists Union v Kenya Hospital Association trading as The Nairobi Hospital; Cabinet Secretary, Ministry of Labour & Social Protection (Interested Party) (Employment and Labour Relations Cause E860 of 2022) [2024] KEELRC 1656 (KLR) (27 June 2024) (Ruling)
✦ Application for stay granted, final orders of the court reviewed and amended to include negotiation requirement.
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Korir v Boresha Sacco Society Ltd (Employment and Labour Relations Cause E055 of 2023) [2024] KEELRC 1606 (KLR) (27 June 2024) (Judgment)
✦ The termination was fair and justifiable, and the claimant is not entitled to compensation except for unused leave days
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Omao v County Government of Nyamira & 5 others; Oyugi & 5 others (Interested Parties) (Petition E042 of 2022) [2024] KEELRC 1636 (KLR) (27 June 2024) (Judgment)
✦ The petition is dismissed as the Petitioner did not specify actual constitutional provisions violated and the process was conducted in accordance with the law.
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Oyondi v Lihanda & another; Pentecostal Assemblies of God Kenya & another (Interested Parties) (Cause E010 of 2024) [2024] KEELRC 1699 (KLR) (27 June 2024) (Ruling)
✦ The Court found the application merited and granted the interim injunctions sought by the Applicant.
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Musega v Nairobi Water & Sewerage Co Ltd (Employment and Labour Relations Petition E234 of 2023) [2024] KEELRC 1671 (KLR) (27 June 2024) (Ruling)
✦ The ex-parte proceedings of 30/1/2024 and 15/2/2024 and the ruling and order of 29/2/2024 are set aside. The respondent/applicant is granted leave to file necessary pleadings and be heard on the application and petition dated 8/12/2023. Costs in the cause.
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Anthony v Wambugu t/a Lemo Pastries (Cause 223 of 2014) [2024] KEELRC 1678 (KLR) (27 June 2024) (Judgment)
✦ The court finds the dismissal of the claimant was wrongful, unfair, and unlawful.
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Great Rift Valley Lodge & Resort v Paul (Appeal 44 of 2017) [2024] KEELRC 1666 (KLR) (27 June 2024) (Judgment)
✦ The appeal is allowed, and the plaint in the lower court is struck out for being filed out of time. Each party shall meet their own costs for the trial and this appeal. The money deposited in the joint names of the law-firms shall be released to the appellant's counsel.