Kenyan case law
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Sammy Mbuvi Muthanga & another v Soko Sweety Limited [2019] KEELRC 2363 (KLR)
✦ The termination of employment was unfair and unjustified.
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James Finlay (Kenya) Limited v Elly Okongo Inganga & 6 others [2019] KEELRC 2356 (KLR)
✦ The Court declines to exercise its discretion in favour of the Intended Interested Party and dismisses the application with no order as to costs.
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Anthony Mbaabu Mugwika & 7 others v Ruiri Farmers Co-operative Society Limited [2019] KEELRC 2323 (KLR)
✦ The Respondent is liable to pay the claimed salary arrears and general damages. The Claimants are entitled to costs of the suit.
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Kenya County Government Union Workers, John Barongo Ombongi, Evans Mogire, Erick Odhiambo Abwao, Newton Mung’ala, Karisa Iha, Julius Kihanya Ndichu, Bernard P. W. Murage, Violet Avoga Oyangi, John Mbugua Karuku, Nyagara Nyamweya, Benjamin Mwangi Wang’ombe & Peter M. Muriithi v County Secretary, County Government of Nairobi, Mike Mbuvi Sonko, Governor, Nairobi County, County Government of Nairobi & County Public Sevice Board of Nairobi (Petition 90 of 2019) [2019] KEELRC 2386 (KLR) (Employment and Labour) (6 February 2019) (Judgment)
✦ The Court finds jurisdiction and upholds the Petitioners' claims for damages for defamation.
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Kenya Plantation and Agricultural Workers Union v Agricultura Employers Association & another [2019] KEELRC 1909 (KLR)
✦ The court finds the 2nd respondent's request for a comprehensive list of the 1st respondent's members is not justified and is an overreach.
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Board of Trustees, St. Andrew’s Turi v Andrew Muhingi Peter [2019] KEELRC 1917 (KLR)
✦ The appeal is allowed, and the appellant is found not liable for the respondent's injury. The trial court's finding of liability is reversed.
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Josphat Shakwila v Sarah Njoki Maina t/a Mukawa Tents and Caterers [2019] KEELRC 2325 (KLR)
✦ The claimant's employment was not terminated, and he is not entitled to pay in lieu of notice, severance pay, or compensation for wrongful termination.
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Kenya Tertiary and Schools Workers Union v University Council, University of Nairobi [2019] KEELRC 2328 (KLR)
✦ The Court declines to grant the orders sought, as reinstatement is a final remedy and the Court declines to grant the orders for reinstatement.
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Kenya Building, Construction, Timber and Furniture Industries Employees Union v Aqua Plumbing Limited [2019] KEELRC 2341 (KLR)
✦ The termination of the grievant was unfair and unlawful
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John Kahinga Gathura v Securex Agencies (K) Limited [2019] KEELRC 2394 (KLR)
✦ The dismissal was procedurally and substantively unfair, and the Claimant is awarded 10 months' salary in compensation, 1 month's salary in lieu of notice, and salary for January 2014.
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Jerome J. Dufourg v Douglas Ratemo & 2 others [2019] KEELRC 2348 (KLR)
✦ The dismissal was unfair procedurally and substantively.
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Philip Waweru Gitu v Straight Security Services Limited [2019] KEELRC 2362 (KLR)
✦ The Claimant's employment was not unfair, and he is not entitled to the prayers sought.
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Alloys Anyega Manyange v Mfi Technology Solutions Limited [2019] KEELRC 2381 (KLR)
✦ The dismissal was lawful and fair, and the Claimant is not entitled to the remedies sought.
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Jimmy R. Kavilu & 16 others v Stanbic Bank Kenya Limited & 7 others [2019] KEELRC 2372 (KLR)
✦ The Employment and Labour Relations Court has jurisdiction to hear the case. The preliminary objection is not res judicata.
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Republic v Kenya Pipeline Company Limited; Director of Criminal Investigations & another (Interested Parties); Ex-parte Francis Amina Juma [2019] KEELRC 2337 (KLR)
✦ The Court finds that the Respondent acted without discretion and unreasonably by suspending the Ex parte Applicant from duty.
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Vincent Abuya Obunga v Mast Rental Services Limited (Cause 1589 of 2013) [2019] KEELRC 2382 (KLR) (Employment and Labour) (4 February 2019) (Judgment)
✦ The dismissal was fair and the Claimant is not entitled to the prayers sought.
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Antone Okoth Awendo v Bridge International Academies Limited (Cause 2110 of 2014) [2019] KEELRC 2376 (KLR) (Employment and Labour) (4 February 2019) (Judgment)
✦ The court held that the termination of the Claimant's employment was not unlawful, unfair, or wrongful.
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Abdallah Abdi Ali & another v First Community Bank Limited [2019] KEELRC 2390 (KLR)
✦ The Court finds the termination of employment to be wrongful and orders the reinstatement of the claimants as General Managers.
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Joseph Mbae Mwambba v Diocese of Meru St Aloysius Day & Boarding Primary School & 2 others [2019] KEELRC 2314 (KLR)
✦ The suit is dismissed with costs to the Diocese as Mwambba signed a discharge agreement waiving his rights to further claims against the Diocese.
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Peter Muendo Kiilu v Survo General Works (Cause 692 of 2013) [2019] KEELRC 2373 (KLR) (Employment and Labour) (4 February 2019) (Ruling)
✦ The application is allowed, but the applicant should set down the case for hearing within 90 days. If not, the case will stand dismissed for want of prosecution again.
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Lillian Akinyi Otieno v SC Johnson and Son Kenya Limited [2019] KEELRC 2343 (KLR)
✦ The Court finds the termination lawful and fair, dismissing the claim.
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Benjamin Njakwai v National Police Service Commission & 2 others [2019] KEELRC 2335 (KLR)
✦ The Court orders the reinstatement of the Petitioner without loss of benefits including salaries from March 2014.
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Josephat Kimutai Kemei & another v West Pokot County Service Board [2019] KEELRC 2333 (KLR)
✦ The court found that the 1st Claimant did not conspire with the 2nd Claimant, and the 1st Claimant did not fraudulently receive salary. The dismissal was valid and fair, and the 1st and 2nd Claimants are entitled to the reliefs sought.
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Alexander Kimutai Rotich v Governor, County Government of Kericho & another [2019] KEELRC 2199 (KLR)
✦ The court held that the contract of employment was not for 5 years and that the recruitment of a new Chief Officer was not illegal.
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Ronald Gideon Eshitera v Metal Crowns Limited [2019] KEELRC 2322 (KLR)
✦ The Court finds and holds that the termination of the Claimant’s employment was unfair and awards him compensation of Kshs 243,588.