Kenyan case law

Wondernut [K] Limited v Caleb Odhiambo Olago [2016] KEELRC 1609 (KLR)

✦ The Appeal is allowed. Parties to meet their costs of the Trial and the Appeal.

Terry Maina v East African Portland Cement Company Limited [2016] KEELRC 104 (KLR)

✦ The court found that the termination was not valid and that the plaintiff was not given a fair procedure.

Tailors And Textile Workers Union v Wild Elegance Fashions Limited [2016] KEELRC 1188 (KLR)

✦ The court finds the dismissal unlawful and unfair, and awards compensation and terminal benefits to the grievants.

Gabriel Olala v Kenya Union of Printing Publishing Paper Manufacturers Pulp & Packaging Industries Nairobi Branch & another [2016] KEELRC 1522 (KLR)

✦ The court declared the 2nd Respondent's letter unlawful, unconstitutional, and null and void.

Tabitha Njambi Chigua & 12 others v County Government of Kiambu [2016] KEELRC 74 (KLR)

✦ The Preliminary Objection is allowed and the Claimants' case is dismissed with costs.

Walter Warinda Wanini & 2 others v Kenya Railways Corporation [2016] KEELRC 704 (KLR)

✦ The Court dismisses the application with no order as to costs

Sidor Otieno & another v Southern Engineering Company Limited [2016] KEELRC 245 (KLR)

✦ The Court found the withholding of Certificates was not unfair labour practice, as Claimants failed to meet their obligation to reimburse the Respondent for training costs.

William Ngaara Kimani (Suing as the administrator of the estate of Gatigwa Gaitho) v Margaret Wahu Ndonga [2016] KEELRC 959 (KLR)

Wyllis Collins Akeyo Muganda v Geothermal Development Company [2016] KEELRC 329 (KLR)

✦ The Court found the termination to be unfair and ordered compensation of Kshs 670,000.

Kenya Hotels & Allied Workers Union vEnashipai Resort & Spa [2016] KEELRC 229 (KLR)

✦ The Respondent is ordered to grant the Union recognition within 30 days from the date of the judgment and each party bears its own costs.

Gilbert Ochieng’ Samba v Social Service League & another [2016] KEELRC 241 (KLR)

✦ The summary dismissal was valid and the procedure was fair.

Willis Ogola Okendo v Collins Oyuu & 3 others [2016] KEELRC 87 (KLR)

✦ The court held that the claimant is not entitled to old age and death allowances for his two sons and mother as these benefits ceased upon his retirement.

Yeziel Mathufali Daddah v Chairman [B O G] Tarasaa Youth Polytechnic [2016] KEELRC 557 (KLR)

✦ Termination was unfair, and the Respondent is ordered to pay the Claimant arrears of salary, house allowance, annual leave pay, sitting allowances, compensation for unfair termination, and notice pay.

William Ochieng Orondo v Aturukan Hotel Limited [2016] KEELRC 790 (KLR)

✦ The dismissal was found to be unfair and the Claimant was entitled to the prayers sought.

Wilson Reuben Sibiya v Kenya National Examinations Council [2016] KEELRC 519 (KLR)

✦ The dismissal was unlawful due to procedural violations and lack of substantive justice.

Hardley Mulanda & 53 others v Giefcon Limited [2016] KEELRC 805 (KLR)

✦ The claimants are found to have deserted their employment without notice to Giefcon Limited.

Wilson O. Onduto (Suing as the Secretary Elect, Kenya Scientific Research International Technical Institute Workers Union (Nairobi Branch) & 2 others v Martin J. Oduor (Sued as the Secretary General, Kenya Scientific Research International Technical Institutions Workers Union) & another [2016] KEELRC 71 (KLR)

✦ The Court orders the Respondent to complete, sign, and transmit Form 'Q' on account of the Nairobi Branch elections.

William Mureka Okinda v Southern Shipping Services Limited [2016] KEELRC 1519 (KLR)

✦ The claim has no merit and is dismissed with no order on costs.

Vivian Azangu Matunda v Swahili Beach Resorts Limited [2016] KEELRC 1197 (KLR)

✦ The claimant's employment was governed by the CBA, and he was entitled to notice and compensation for unfair termination.

Wilson Mbithi Kitheka v Barclays Bank of Kenya [2016] KEELRC 771 (KLR)

✦ Application for leave to amend the statement of claim is dismissed with costs.

Wilson K. Tuigong v Eldoret Water & Sanitation Company Limited (ELDOWAS) [2016] KEELRC 747 (KLR)

✦ Termination was procedurally unfair and substantively unsupported

Wokabi Wang’ombe v Pyrethrum Board of Kenya [2016] KEELRC 667 (KLR)

✦ Application allowed, dismissal set aside, case set for hearing within 30 days

Zablon Omechi Onsomu v Tri Clover Industries (K) Ltd [2016] KEELRC 710 (KLR)

✦ The Court finds the claim unmerited and dismisses it with costs.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v General Manager, Sirikwa Hotel [2016] KEELRC 1587 (KLR)

✦ The Court finds and holds that termination of the employment of the Grievant was unfair and that he is entitled to the dues as computed by the Respondent and compensation.

Zakayo Mbogo Mbogo v Teachers Service Commission [2016] KEELRC 866 (KLR)

✦ The Claimant was not unfairly dismissed and is not entitled to the remedies sought.