Kenyan case law

Kenya Game Hunting & Safari Workers Union v Lewa Wildlife Conservancy [2015] KEELRC 257 (KLR)

✦ The court reviews the order on overtime pay and sets it aside, substituting a new order that overtime pay for fencers, gatemen, armed security, and general security is at a monthly fixed rate of 40% of basic pay.

Daniel Inguna Ndatho v Texas Alarms (K) [2015] KEELRC 245 (KLR)

✦ The court finds the suit time barred and strikes it out.

David Njoroge Gathuri & 20 others v Nyeri District Co-operative Union [2015] KEELRC 255 (KLR)

✦ The court finds that the number of completed years of service for each plaintiff shall be as per the computation filed for the defendant. The applicable salary should be the salary as computed by the defendant but without deduction of gratuity component.

Elvis Mramba Karume v Peter I Vaz [2015] KEELRC 247 (KLR)

✦ The court finds the termination unfair and wrongful

Michael Mwangi Gacheru v County Government of Nakuru [2015] KEELRC 258 (KLR)

✦ The claimant should amend his pleadings to clearly state the cause of action.

Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Work v Pwani University & another [2015] KEELRC 199 (KLR)

✦ The court finds that the grievants were covered by the Recognition Agreement and the CBA signed by the 1st respondent, and the termination was unfair.

Risper Muwang'o Ochieng v Chairman Board of Governors St. Paul's Sigomire Secondary School & another [2015] KEELRC 1650 (KLR)

✦ Application dismissed with no orders for costs

Carolyne Wambui Njue v Rift Valley Railways (Kenya) Limited [2015] KEELRC 146 (KLR)

✦ The Court ordered the respondent to produce the requested documents within 14 days, failing which the respondent's reply would be struck out with costs.

Kenya National Private Security Workers Union v Kenya Kazi Limited [2015] KEELRC 175 (KLR)

✦ The court ordered the respondent not to dismiss or threaten to dismiss any of the claimant's shop stewards and union members on account of their involvement in union activities pending the hearing and determination of the dispute.

Elidy Wanja Gatura & another v Jason Wangombe (Director Afyamart) [2015] KEELRC 259 (KLR)

✦ The Court will consider the preliminary issues raised by the Respondent and will also consider the relevant testimonies to determine if the termination of the Claimants employment was unfair and if they were underpaid.

Kennedy Esadia Luvisi v Rai Ply Wood (Kenya) Ltd [2015] KEELRC 260 (KLR)

✦ The dismissal of the Claimant was fair

Lazarus Oyoo v Chandaria Industries Limited [2015] KEELRC 178 (KLR)

✦ The Court finds the termination unfair and orders compensation including one month's pay in lieu, ten months' salary for unfair termination, leave pay, underpayment compensation, and service pay.

John Ashoya v High Grove Limited [2015] KEELRC 214 (KLR)

✦ The termination of the claimant's employment was unlawful and unfair.

Kenya Chemical & Allied Workers Union v Base Titanium Limited [2015] KEELRC 248 (KLR)

✦ The claimant's Notice of Motion dated 13.7.2015 is dismissed.

Julius D.M Baine v Registered Trustees De La Salle Christian Brothers T/A St.Mary’s Boys Secondary School [2015] KEELRC 261 (KLR)

✦ The court finds the termination unfair and orders the respondent to pay the claimant Kshs.411,450.00 in default interest and vacate the staff housing by 15.12.2015.

Baraza & 6 others v Mj Clarke Ltd (Cause 308 of 2014) [2015] KEELRC 1657 (KLR) (13 November 2015) (Judgment)

✦ The court finds that the claimants were seasonal employees engaged under fixed-term contracts except when they were serving as daily casual workers. The court dismisses the suit.

Eric Mamisi Sifuma & 2 others v Guava Restaurant [2015] KEELRC 254 (KLR)

✦ The Court finds that the termination of employment was unfair and awards salary arrears and accrued leave to the Claimants.

Joseph Ngome v Network Styles Security [K] Limited [2015] KEELRC 250 (KLR)

✦ The court finds that the termination of the claimant's contract of employment was unfair and unlawful.

Ephrahim Muriithi Kangagi v Chairperson Teachers Service Commission & another [2015] KEELRC 120 (KLR)

✦ The Petitioner's dismissal was not unjust, and the injunctive orders are denied.

Peter Kihiko v Blessed T. C World-Class Spares Limited [2015] KEELRC 158 (KLR)

✦ The court finds the dismissal unfair and orders compensation, notice pay, underpayments, unpaid leave, and service pay.

Richard Maina Mwangi v John Kaguchia- Chairman Mukurwe-Ini Constituency Development Fund Committee & another [2015] KEELRC 130 (KLR)

✦ The court dismissed the preliminary objections filed by the Respondents and upheld the jurisdiction of the court to hear the matter.

Kenya Union of Employees of Polytechnics, Colleges and Allied Institutions (KUEPCAI) v Board of Management Ilmotiook Secondary School [2015] KEELRC 275 (KLR)

✦ The court reinstated the claimant and ordered the respondent to pay back salaries and allowances, as well as interest and costs.

M’Ruuti v Muthuku & 2 others (Civil Suit 27 of 2010) [2015] KEELRC 186 (KLR) (10 November 2015) (Ruling)

Esther Mbinya Musau v National Bank of Kenya Limited [2015] KEELRC 148 (KLR)

✦ The court granted the application, restraining the Respondent from collecting monies, accruing interests, and interfering with interest rates on loan facilities. The court also ordered the Respondent to issue a recommendation letter.

Mary Wanjuku Maina v Peninnah Kivivya Kitheka & another [2015] KEELRC 176 (KLR)

✦ The dismissal is deemed unfair and the claimants are awarded compensation