Kenyan case law
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Kenya County Government Workers Union v County Government of Migori & 2 others [2021] KEELRC 2218 (KLR)
✦ An order is issued directing the Respondents to pay the Grievants withheld salaries from November 2019 and full salaries unless dismissed lawfully.
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Kenya Engineering Workers Union v Abyssinia Iron and Steel Ltd [2021] KEELRC 2236 (KLR)
✦ The Court awards a 12% general wage increase for the period 1 January 2017 to 31 December 2018, spread over 2 years at 6% yearly. The Court also adopts the terms of the collective bargaining agreement for sick leave.
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Kenya Union of Sugar Plantation & Allied Workers v Kibos Sugar & Allied Industries Ltd [2021] KEELRC 2233 (KLR)
✦ The Court declines to grant the orders sought by the Union and orders the parties to meet under the leadership of the Federation of Kenya Employers to reach an amicable settlement within 45 days. If no agreement is reached, the Central Planning and Monitoring Unit will prepare a report on the financial implications of a 16% or 20% general wage increment backdated to 2018.
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Mitawa Samora Okeke & 25 others v Wycliffe Sava Mundu & 3 others [2021] KEELRC 1420 (KLR)
✦ The suit is struck out due to irregularity and the orders sought are lost with the suit.
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Kenya Shipping, Clearing and Warehouses Workers Union v Sunripe (1976) Limited & Agunda 2 others [2021] KEELRC 2219 (KLR)
✦ The application is dismissed as not merited and the respondent is directed to continue making payments in batches.
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Gladys Muthoni Mwangi & 20 others v Barclays Bank of Kenya Limited & another [2021] KEELRC 2243 (KLR)
✦ The Court is not functus officio, but the petitioners have not justified the award of bonus and severance pay. The Court declines to award the same.
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Mathew Mutua Munyao v National Transport & Safety Authority [2021] KEELRC 2248 (KLR)
✦ Application for review dismissed
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Christopher Kinama Mutunga v Neno Evangelism Centre Through its Registered Trustees [2021] KEELRC 2239 (KLR)
✦ The court finds the claimant's version of events more plausible, concluding that he was not informed of the dismissal and not given a chance to defend himself.
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Kenya Building Construction Timber and Furniture Industries Employees Union v Imara Enterprises Limited [2021] KEELRC 2242 (KLR)
✦ The court found an employment relationship existed between the grievant and the respondent. The termination was found to be unfair and unlawful.
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Onesmus Mbithi Muia v David Engineering Limited [2021] KEELRC 2244 (KLR)
✦ The employment was permanent, the termination was unfair, and the claimant is entitled to pay in lieu of notice, pay in lieu of annual leave, compensation, and a certificate of service.
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Phylis Wangari Nganga v Intra Africa Assurance Company Limited [2021] KEELRC 2241 (KLR)
✦ The termination was found to be unlawful and unfair, and the claimant is entitled to her terminal dues.
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Aphonse Mwangemi Munga & 10 others (Suing on behalf and on behalf of 367 employees of African Safari Club Limited) v African Safari Club Limited & 3 others [2021] KEELRC 2238 (KLR)
✦ The application is dismissed with costs as it is made in bad faith and there is no evidence of contempt or abuse of court process.
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Miriam Chari Mbogho v National Water Conservation and Pipeline Corporation [2021] KEELRC 2240 (KLR)
✦ The application is dismissed with no orders for costs due to the non-existence of a decree and the distinction between the legal entity of the corporation and the CEO.
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Paul Omondi Opiyo v Aar Healthcare Kenya Limited [2021] KEELRC 2256 (KLR)
✦ The Court finds that the respondent complied with sections 41, 43, 44, and 45 of the Employment Act, in that it terminated the employment of the claimant for a valid reason following a fair procedure.
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Peter Ayoyi Machika v Winnie Maobe Mukhwana t/a Maobe Mukhwana & Company Advocates [2021] KEELRC 2267 (KLR)
✦ Claimant's case dismissed as without merit
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Philip Soita Mayavi v West Kenya Sugar Company Limited [2021] KEELRC 2277 (KLR)
✦ The Court found that the claimant's employment was terminated for a valid reason following fair procedure and that the claimant is entitled to the reliefs sought.
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Kenya Unversities Staff Union (KUSU) Kisii University Branch v Kisii University & 2 others [2021] KEELRC 2275 (KLR)
✦ Application lacks merit and is dismissed with costs.
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Charles Asango Lubia v Brookside Dairy Limited [2021] KEELRC 2276 (KLR)
✦ Summary dismissal was lawful and fair, claimant's prayers for compensation and notice pay are dismissed.
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Kennedy Kim Mogaka v Mumias Sugar Company Limited [2021] KEELRC 2261 (KLR)
✦ The termination was unlawful and unfair, and the claimant is entitled to compensation.
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Kefa Langi Oguwi (suing on behalf of Kenya Union of the Technical and Vocational Education Trainers v Registrar of Trade Unions; Kenya Union of Post-Primary Education Teachers (Kuppet) (Interested Party) [2021] KEELRC 2252 (KLR)
✦ The appeal is dismissed with costs as the decision by the Registrar of Trade Unions was a statutory decision and not a decision of the National Labour Board.
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Professor Samson Rosana Ondigi v Council of Masinde Muliro University of Science and Technology [2021] KEELRC 2262 (KLR)
✦ The Court finds that the petitioner has failed to present any tangible evidence that the rights of the applicants not shortlisted for the position of Deputy Vice Chancellor were violated.
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John Muneeni Makau v Charity Kaluki Ngilu, Governor Kitui Government & another [2021] KEELRC 2353 (KLR)
✦ The court dismissed the petition, finding that the petitioner's actions were against the public interest and that the governor had the right to dismiss him due to lack of confidence and mutual trust.
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Kebirigo Tea Factory Co. Limited v Rebecca Kwamboka Arwasa [2021] KEELRC 2263 (KLR)
✦ The appeal is dismissed. The trial court's decision is upheld, and the appellant is found 100% liable for the injuries. General damages for pain and suffering and loss of earning capacity are upheld, and special damages are awarded.
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Joseph Oyollo Imbuye & another v Cabinet Secretary Ministry of Water and Sanitation & 2 others [2021] KEELRC 2264 (KLR)
✦ The petition is stayed pending the full hearing and determination of the HCC Petition No. 276/2019.
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Mugumo Munene v Nation Media Group Limited [2021] KEELRC 1460 (KLR)
✦ Application for stay of execution is dismissed