Kenyan case law

Eunice Khavere Kitambe v Greton Hotel [2016] KEELRC 1337 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 4 years.

Timon Otieno Mboga v Kenya Forest Service [2016] KEELRC 1766 (KLR)

✦ Grant stay of execution pending appeal subject to conditions

Union of Kenya Civil Servants v Cabinet Secretary, Ministry of Tourism & 3 others [2016] KEELRC 4 (KLR)

✦ The Court finds the current application for review to be an abuse of process and an abuse of Court process

Fortunata Wanjiku Muchemi & 8 others v Archdiocese of Nyeri Consolata Hospital, Mathari [2016] KEELRC 1426 (KLR)

✦ The suit is dismissed with costs as it is res judicata and time barred.

Venerandah Woka Bukhala v Equatorial Commercial Bank [2016] KEELRC 1054 (KLR)

✦ The application is dismissed as no extension of time is permissible for actions based on contracts once limitation has elapsed.

Felister Nduku Nzaku v Joyce Wairimu Gitau [2016] KEELRC 25 (KLR)

✦ The termination of the claimant was unfair and compensation is due.

George Joshua Okungu v Kenya Pipeline Company Limited & 3 others [2016] KEELRC 666 (KLR)

✦ The application to strike out the suit with costs is dismissed with costs.

Jacob Okoth Otieno v Eastern Produce Kenya Limited [2016] KEELRC 411 (KLR)

✦ The termination of the Claimant's employment was not valid due to inconsistencies in the grounds for termination stated in various documents.

Thomas Abuga Ethambo v Sophia Khalid Rattos [2016] KEELRC 692 (KLR)

✦ The Court grants the Respondent's application to set aside the judgment on terms, including depositing the decretal sum and filing a response.

John Mutsumi David v Delta Guards Limited [2016] KEELRC 523 (KLR)

✦ The claimant's termination is upheld, and he is dismissed. He is not entitled to notice pay, severance pay, or house allowance. He is entitled to a certificate of service.

Francis James Khasira v Public Service Commission & 2 others [2016] KEELRC 1557 (KLR)

✦ The petition is res judicata, functus officio, and time barred, and is dismissed with costs.

Fanuel Ongombe v Shem Oieno Abuto & another [2016] KEELRC 406 (KLR)

Transport Workers Union v Trans-Trade Ltd (K) [2016] KEELRC 1713 (KLR)

✦ Claimant's suit is dismissed. Claimant must make fresh recruitment to meet the requirements of Section 54 of the Labour Relations Act.

Timothy Samson Ayuo v Mount Kenya University [2016] KEELRC 213 (KLR)

✦ Application for transfer of the employment dispute to the Employment and Labour Relations Court at Nairobi is dismissed

William Metto v Kerio Valley Development Authority [2016] KEELRC 372 (KLR)

✦ The Court finds the summary dismissal fair but the Claimant is entitled to unpaid wages up to 6 January 2014.

Fatuma Ali Asman v De La Rue Currency & Security Print Ltd [2016] KEELRC 584 (KLR)

✦ The Court declines to uphold the objection and orders that the witness answer the question regarding the aspect of redundancies anticipated.

Titus Wamalwa Khaemba v Transport Workers Union & another [2016] KEELRC 1848 (KLR)

✦ Claimant is awarded arrear salary calculated at Kshs.95,000 per month for the period he held the position of acting general secretary. The rest of the arrears be paid at the rate of Kshs.40,000 per month plus transport allowance of Kshs.10,000 from April 2015 and branch operation allowance of Kshs.5,000 per month from May 2015.

Evans Katiezo Aligulah v Eldomatt Wholesale & Supermarket Limited [2016] KEELRC 354 (KLR)

✦ The court finds no error on the face of the record and dismisses the application to review the judgment.

Ibrahim Alikano Mohamed v Kenya Nut Company Limited [2016] KEELRC 1807 (KLR)

✦ The Court found that the termination was unfair and ordered the Respondent to pay the Claimant costs.

United States International University [USIU] & 3 others v Attorney General & 13 others [2016] KEELRC 1725 (KLR)

✦ The Court finds that the decisions of the former Judges, made within the period, were not valid and binding on the Parties, and the decisions and orders are declared unconstitutional, invalid, and of no legal effect.

Transport & Allied Workers Union v Comarco Properties (EPZ) Limited [2016] KEELRC 596 (KLR)

✦ The claimant union has locus standi to represent the grievant. The grievant is entitled to the payment of terminal dues and the commission.

Ushaben Jashvantsinh Solanki & another v Bank of Baroda (Kenya) Limited [2016] KEELRC 239 (KLR)

✦ The Applicants' notice of motion is dismissed with costs.

Vikash Bhagani v Dhl Global Forwarding & 9 Others [2016] KEELRC 1702 (KLR)

✦ The Court will direct that the disciplinary process already started be discontinued but can be initiated afresh according to the law with the Petitioner being clearly informed of the charges against him and being accorded adequate time and opportunity to present his case.

George Kihara Mathenge v Kenya Commercial Bank Limited [2016] KEELRC 109 (KLR)

✦ The termination was not unfair and the claimant is not entitled to the prayed-for damages and other remedies.

Tirus Kariuki Mungai v Postal Corporation of Kenya [2016] KEELRC 1534 (KLR)

✦ The Court found that the Claimant did not desert duty and that the dismissal was not unjustified. The Claimant is not entitled to the remedies sought.