Kenyan case law
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Pap Kalando Investments Limted v Kenya Hotels & Allied Workers Union & another (Miscellaneous Application E093 of 2021) [2022] KEELRC 1525 (KLR) (16 June 2022) (Ruling)
✦ The application is struck off with costs as it falls within the ambit of abuse of court process and violates the sub judice rule.
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Cornel Opiko K’ambudo t/a Fabrice Lounge v Kenya Hotels & Allied Workers Union & another (Miscellaneous Application E058 of 2021) [2022] KEELRC 1105 (KLR) (16 June 2022) (Ruling)
✦ The Applicant’s application is dismissed with costs to the Respondents.
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Kenya Chemical Workers Union v Pyrethrum Processing Company of Kenya Limited (Cause 7 of 2020) [2022] KEELRC 1590 (KLR) (16 June 2022) (Judgment)
✦ The court orders that the Salaries and Remuneration Commission be involved in future negotiations or provide advice as directed by the court.
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Njoroge v Flamingo Horticulture (K) Ltd (Cause 009 of 2019) [2022] KEELRC 95 (KLR) (16 June 2022) (Ruling)
✦ This court allows stay of execution on the condition that the Respondent/Applicant shall avail the entire decretal sum plus costs and have the same deposited in a joint interest earning account in a reputable bank within 30 days of this ruling.
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Maisiba & another v Style Industries Limited (Cause 2031 of 2017) [2022] KEELRC 1464 (KLR) (15 June 2022) (Judgment)
✦ The Court found that the Claimants were employed under three-month fixed-term contracts which lapsed on July 31, 2017.
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Kute v Free Kenya Foundation (Cause 291 of 2018) [2022] KEELRC 1505 (KLR) (15 June 2022) (Judgment)
✦ The Court finds that the termination was not unfair and dismisses the claim for unfair termination of employment. Judgment is entered for the Claimant in the sum of Kshs 90,000/- for salary arrears.
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Republic v County Executive Committee Member,Finance, Migori County Government & 2 others; Kenya County Government Workers Union (Exparte) (Miscellaneous Civil Application 6 of 2018) [2022] KEELRC 102 (KLR) (15 June 2022) (Ruling)
✦ The court vacates the order staying the arrest of the Chief Officer, Finance, Migori pending the merit hearing of the respondents' motion filed on 22 March 2022.
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Ogwang v Equator Bottlers Limited (Cause 19 of 2020) [2022] KEELRC 1504 (KLR) (15 June 2022) (Judgment)
✦ The termination of the Claimant's employment was procedurally unfair.
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Ogolla v National Bank Ltd (Cause E020 of 2021) [2022] KEELRC 1502 (KLR) (15 June 2022) (Judgment)
✦ The court finds that the respondent was in substantial compliance with the statutory elements of procedural fairness. The claimant was not prejudiced by the failure to call the anonymous whistle-blower for questioning. The court also finds that the claimant breached the Conict-of-Interest Policy and there were valid and fair reasons to terminate her contract.
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Bundeh v Network for Adolescent and Youth of Africa (Naya) (Cause 443 of 2017) [2022] KEELRC 1097 (KLR) (15 June 2022) (Judgment)
✦ The Court finds that the termination was not unfair and awards the Claimant 1 month pay in lieu of notice and accrued leave equivalent to one and a half months' salary.
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Machini v Safaricom Limited (Appeal E126 of 2021) [2022] KEELRC 1463 (KLR) (15 June 2022) (Judgment)
✦ The court dismissed the appeal with costs to the respondent.
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Ali v Ministry of Interior and Coordination of National Government & 3 others; Public Service Commission & another (Interested Parties) (Petition E183 of 2021) [2022] KEELRC 1460 (KLR) (15 June 2022) (Judgment)
✦ The court found that the petitioner was not qualified for the position due to a lack of minimum academic qualifications as per the Public Service Commission's waiver, which was not reflected in the advertisement.
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Opondo v Director of Criminal Investigations & another (Judicial Review Application E028 of 2021) [2022] KEELRC 1461 (KLR) (15 June 2022) (Judgment)
✦ The transfer was not discriminatory and was regular.
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Kenya Engineering Workers Union v Kalu Works Limited (Cause 1645 of 2016) [2022] KEELRC 3859 (KLR) (15 June 2022) (Ruling)
✦ The suit is dismissed for being time barred and because its filing was obtained through deceitful means. The claimant union will pay costs of the suit to the respondent.
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Olima v Jaramogi Oginga Odinga University of Science and Technology (Cause 19 of 2019) [2022] KEELRC 1503 (KLR) (15 June 2022) (Judgment)
✦ The Court dismisses the claim with costs, except for a Certificate of Service which the Respondent should issue within 21 days.
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Agoro v Constituencies Development Fund Board (Cause E013 of 2020) [2022] KEELRC 1495 (KLR) (15 June 2022) (Ruling)
✦ The court held that the claim was filed on time and excluded the date of accrual of the action for the purposes of calculating the limitation period.
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Nyarwati v Action Africa Help International (Petition E199 of 2021) [2022] KEELRC 1201 (KLR) (15 June 2022) (Ruling)
✦ The Petitioner's dismissal was found to be unfair and unlawful, and the Respondent was ordered to pay compensation and other benefits.
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Ouko v Kisumu County Public Service Board & 2 others; Ethics and Anti-Corruption Commission (Interested Party) (Petition E007 of 2020) [2022] KEELRC 1506 (KLR) (15 June 2022) (Judgment)
✦ The Court lacks jurisdiction to entertain the dispute due to the exhaustion of the appellate process.
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Nyakina v Style Industries Limited (Cause 2033 of 2017) [2022] KEELRC 1524 (KLR) (14 June 2022) (Judgment)
✦ The Court finds that the Claimant was employed on a three-month contract which the Respondent gave periodically. The Claimant's employment was not permanent.
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Promoters, Kenya Salt Workers Union (Lawrence K Majali, Folleni Chea Boshei, Moses H Kellah, Safari Kazungu Nyanje, Kazungu Kondoduka And Dethitarss Mako Kofa) v Registrar of Trade Unions; Kenya Chemical Workers Union (Interested Party) (Employment and Labour Relations Appeal 1 of 2019) [2022] KEELRC 1513 (KLR) (14 June 2022) (Judgment)
✦ The appeal is dismissed. The Respondent acted within the law in declining to register the Trade Union. The decision not to register the proposed Trade Union did not infringe on the constitutional rights of the Appellants and other members of the proposed Trade Union.
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Malde v Mutsimoto Motors Company Ltd (Cause 19 of 2020) [2022] KEELRC 88 (KLR) (14 June 2022) (Ruling)
✦ The Court grants the stay of execution of the decrees as prayed for by the Respondent.
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Lubengwa v Officer in Charge Ministry of Works, Welfare & Sports Association (Cause 2265 of 2016) [2022] KEELRC 108 (KLR) (14 June 2022) (Judgment)
✦ The termination was fair and the suit is dismissed with costs to the Respondent
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Awiti v National Police Service Commission & 3 others (Petition E151 of 2021) [2022] KEELRC 3800 (KLR) (14 June 2022) (Judgment)
✦ The Petition is struck out with no order as to costs as the claim is premature due to an ongoing appeal.
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Kenya Hotels and Allied Workers Union v Mada Holdings T/A Baobab Sea Lodge/Kilifi Bay (Cause 2 of 2021) [2022] KEELRC 1515 (KLR) (14 June 2022) (Ruling)
✦ The application is granted as presented
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Barasa v Rozzika Garden Centre Ltd (Cause 275 of 2014) [2022] KEELRC 1599 (KLR) (14 June 2022) (Judgment)
✦ The termination of the Claimant was unfair and unjustified.