Kenyan case law

Aviation and Airport Services Workers Union V Kenya Airways Limited [2012] KEELRC 235 (KLR)

✦ The Industrial Court Act, 2011 places an obligation on the Court to consider what is just in making an order on costs, unlike the Civil Procedure Act which allows costs to follow the event.

Nyorani v Dodhia Packaging Ltd (Cause 431 of 2010) [2012] KEELRC 80 (KLR) (5 October 2012)

✦ The court finds the termination unfair and orders the respondent to pay the claimant Ksh.1,740,000.00 plus interest and costs.

MAHASIN ELBASHIR ABDALLA V LIBYA OIL KENYA LTD [2012] KEELRC 87 (KLR)

✦ The Court found that the Claimant was not on secondment from the Libyan Government to the Respondent Company and dismissed the claim.

Peter Nzioki Nzioka & 7 others v Shengli Engineering Construction Company Limited [2012] KEELRC 240 (KLR)

✦ Application granted

PETER RAMBEKA OINGA V MABROUKIE ESTATE [2012] KEELRC 94 (KLR)

✦ Termination was unlawful, claimant entitled to compensation for two months' salary and interest

PETER N. MUTERU v TECHNOLOGY TODAY & another [2012] KEELRC 110 (KLR)

✦ The court finds that the Claimant's contract of employment was verbally terminated by the Respondents at the meeting held on 8/12/2008. The termination was found to be unfair.

MONICA N. MALUKU v ST. TERESA’S PARISH DISPENSARY, ARCHDIOCESE OF NAIROBI [2012] KEELRC 230 (KLR)

✦ Claim dismissed, certificate of service issued, and unpaid salary for January and February 2010 ordered to be paid.

BANKING, INSURANCE & FINANCE UNION v KENYA COMMERCIAL BANK LTD [2012] KEELRC 229 (KLR)

✦ The Court orders an injunction restraining the Respondent from transferring, dismissing, terminating, intimidating, or harassing the grievant in the cause of her employment.

JOSEPH KAMAU THUO V KENOL KOBIL LTD [2012] KEELRC 232 (KLR)

✦ Respondent's grounds of opposition are struck out, and the application for interim injunction is granted.

Josephine Muthoni Kamau & 5 others v East Africa Safari Air Express Limuited [2012] KEELRC 276 (KLR)

✦ The dismissal was found to be wrongful, unlawful, and unfair. The court awarded compensation to each claimant based on their years of service and the amount of salary they had earned.

LINUS BARASA ODHIAMBO V WELLS FARGO LIMITED [2012] KEELRC 147 (KLR)

✦ The court finds that the employer did not provide a valid reason for terminating the claimant's employment.

John Musyoki Ndiso v Ecobank Kenya Limited (Cause 996 of 2011) [2012] KEELRC 243 (KLR) (27 September 2012) (Judgment)

Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Ltd (Cause 923 of 2012) [2012] KEELRC 248 (KLR) (Employment and Labour) (25 September 2012) (Ruling)

MARGARET GWAHALA YANANA v VENUS SECURITY SERVICES [2012] KEELRC 181 (KLR)

✦ The Court dismissed the claim as the Respondent was not liable for the termination of the Claimant's employment and the Claimant was not entitled to the claimed severance pay, salary in lieu of notice, annual leave, house allowance, salary arrears, and compensation for unfair termination.

JOSEPH OMWENGA V KENYA REVENUE AUTHORITY [2012] KEELRC 252 (KLR)

✦ The court found that the claim was not time barred and that the Claimant was wrongfully terminated.

NATIONAL UNION OF WATER AND SEWERAGE EMPLOYEES V REGISTRAR OF TRADE UNIONS [2012] KEELRC 247 (KLR)

✦ The court sets aside the order given by the court dated the 15th July 2012, and the status quo before that date is reverted to. The court does not give any orders of costs.

NATIONAL UNION OF WATER AND SEWERAGE EMPLOYEES V REGISTRAR OF TRADE UNIONS [2012] KEELRC 43 (KLR)

✦ The court sets aside the order for staying previous orders and orders the status quo to be restored. The court finds that the counsel for the applicants were not served and therefore the orders were not valid.

KENYA MEDICAL PRACTITIONERS PHARMACISTS AND DENTISTS’ UNION V KENYATTA NATIONAL HOSPITAL & 3 OTHERS [2012] KEELRC 253 (KLR)

✦ The orders given on 30th August, 2012 and extended thereafter are ordered to be vacated.

Bernard Wanjohi Muriuki v Kirinyaga Water And Sanitation Company Limited & another [2012] KEELRC 4 (KLR)

✦ The renewed contract is invalid due to lack of Board resolution and public policy considerations

Othoo v Wilham Kenya Limited (Cause 260 of 2009) [2012] KEELRC 242 (KLR) (17 September 2012) (Award)

JIMI NHLAPO MASEGE V AVIATION & ALLIED WORKERS UNION & 2 OTHERS [2012] KEELRC 152 (KLR)

✦ The application is dismissed, and the temporary injunction is set aside.

KENYA JOCKEY AND BETTING WORKERS UNION V KENBOOK MAKERS (2002) LIMITED [2012] KEELRC 153 (KLR)

✦ The court held that since the grievant resigned, she is not entitled to the gratuity as the collective bargaining agreement only contemplates payment of gratuity where an employee's services have been terminated and not where she has resigned.

Teachers Service Commission v Kenya National Union of Teachers ( KNUT) & another [2012] KEELRC 256 (KLR)

✦ The court finds that the right to education of children outweighs the monetary demands of the unions and orders the unions to be restrained from taking part in the strike.

Teachers Service Commission v National Union of Teachers (KNUT) &another; [2012] KEELRC 245 (KLR)

✦ The court finds that the right to education of children outweighs the monetary demands of the Respondents and orders the Respondents to be restrained from taking part in an unprotected strike.

PARBAT SIYANI CONSTRUCTION LTD & 3 OTHERS V DIRECTOR OF PUBLIC PROSECUTION & ANOTHER [2012] KEELRC 35 (KLR)

✦ The court grants the prayers in No. 1, 2 and 3 of the chamber summons dated 30.08.2012. The applicant to file and serve the Notice of motion as prescribed in the rules. The Applicant shall serve the pleadings, supporting documents and this court orders upon interested parties within 7 days of filing the Notice of motion. Costs in the cause.