Kenyan case law

Jeff Karingo Njagi v Energy4 Impact [2019] KEELRC 221 (KLR)

✦ The claimant is deemed to have been confirmed in permanent and pensionable service after the lapsing of the 6 months probationary service. The respondent will pay the claimant 3 months' salary and pension contribution from 13.08.2018 to end of the 3 months' notice. The respondent will pay 25% of the claimant's costs of the suit.

Ondicho Meshack Rakamba v Kuldip Singh & 4 others [2019] KEELRC 48 (KLR)

✦ The 1st to 4th Respondents are properly suited as agents of the 5th Respondent and contributed to the dismissal. The 5th Respondent unprocedurally dismissed the Claimant, and he is entitled to notice pay, compensation for unfair dismissal, and a Certificate of Service.

Emmanuel Nyiro Chai v Inspector General of Police & 2 others [2019] KEELRC 42 (KLR)

✦ The Court sets aside the ruling and orders given on 13.06.2019 and dismisses the application for costs.

Mary Wacheke Thongoh-Muia v Central Bank of Kenya & Patrick Ngugi Njoroge [2019] KEELRC 167 (KLR)

✦ The court finds that the claimant's employment contract was not unfairly terminated and she is not entitled to damages for unfair termination. The court also finds that the claimant is not entitled to allowances and other benefits after the separation.

Kenya Private Universities Workers Union v Don Bosco Utume Salesian Theological College [2019] KEELRC 176 (KLR)

✦ The Court finds that the Claimant has locus standi and dismisses the Respondent's objection. The Court also finds no evidence of misrepresentation, fraud, or coercion in the recruitment of members. The Respondent is under obligation to deduct dues for 5 employees and cannot be compelled to remit dues for 17 employees. The Claimant has five members, which is insufficient to compel the Respondent to recognize the union.

Kenya Petroleum Oil Workers Union v National Chairman, Kenya Petroleum Oil Workers Union & 2 others [2019] KEELRC 216 (KLR)

✦ The Court finds that Raphael Olala should be the mandatory signatory to the union's bank account and that the 1st and 2nd Respondent have met the threshold for issuance of the orders sought.

Morris Mbaya Nyagala v Auto Express [2019] KEELRC 2589 (KLR)

✦ The termination of the Claimants' service was unfair and they are awarded compensation

Baya Nyonga Baya & 5 others v Steel Makers Limited [2019] KEELRC 206 (KLR)

✦ The Court finds that the Claimants' employment was unlawfully and unfairly terminated, and awards compensation and other remedies as stated.

Kenya Seed Company v Zakayo Cheruiyot [2019] KEELRC 2597 (KLR)

✦ The claim and counterclaim are dismissed with no order as to costs.

Kenneth Kisingo Wangomba v Jocham Hospital Ltd Mombasa [2019] KEELRC 189 (KLR)

✦ The Claimant has proved a case of unlawful and unfair termination of employment against the Respondent and is entitled to compensation.

David Omondi Ambuso v Chebut Tea Factory Limited [2019] KEELRC 2585 (KLR)

✦ Claimant failed to show unfair termination of service and is dismissed with no order as to costs. Claimant will receive terminal dues as per the CBA.

David Kipchumba Kogo v County Public Service Board Elgeyo Marakwet County [2019] KEELRC 2588 (KLR)

✦ The claim is dismissed with costs

Naomi Jelagat Ogero v Salina Rotich [2019] KEELRC 253 (KLR)

✦ The Court awards the Claimant one month's salary in lieu of notice, nine years' salary, six months' salary for unfair termination, and costs of the suit.

Dorcas Ambetsa Anyoso v Martha Wanjiru Nganga & another [2019] KEELRC 2594 (KLR)

✦ The claim is found not proved and is hereby dismissed with no order as to costs.

Gilbert Muriithi Njagi & 4 others v Muthiru Dairy Farmers Cooperative Society [2019] KEELRC 263 (KLR)

Aggrey Ateya Musanga v Ken Knit (K) Ltd [2019] KEELRC 2602 (KLR)

✦ The termination of employment was not fair as there was no valid reason to terminate the Claimant's service. The Claimant was ordered to be paid one month's salary in lieu of notice, salary for the period in suspension, and costs of the suit.

Peter Maina Kinyanjui v Woolmart Supermarket Limited [2019] KEELRC 13 (KLR)

✦ The court finds the dismissal unfair and orders compensation, reinstatement pending criminal case, and notice pay.

Samuel Githinji Kariuki v Comply Industries Limited [2019] KEELRC 192 (KLR)

✦ The claimant's claims are dismissed, except for the claim for severance pay which is awarded.

Daniel Muchiri Ndungu v Comply Industries Limited [2019] KEELRC 122 (KLR)

✦ Termination of employment was lawful and followed due process under the Employment Act, 2007. Severance pay was wrongly calculated, and the claimant is entitled to ksh.12,300 in severance pay.

Japhet Jesanga Songok v Attorney General & 2 others [2019] KEELRC 2586 (KLR)

✦ The suit is struck out as filed outside the 3-year limitation period set by the Employment Act.

Peter Murigi Mburu v Kenya Forest Services [2019] KEELRC 264 (KLR)

✦ The claim is dismissed with costs to the Respondent.

Lydia Muthoni Kahoi v Brinks Security Services Limited [2019] KEELRC 256 (KLR)

✦ The court finds the termination unfair and dismisses the claim. The court orders the Respondent to pay the Claimant accrued leave of Kshs. 1,680/- and the Claimant to pay the Respondent one month’s salary in lieu of notice.

Nelson Muthama Wambua v Kenya Meat Commission Limited [2019] KEELRC 274 (KLR)

✦ Claimant is awarded 36,400/- for 28 days worked, 78,000/- for accrued leave, 390,000/- for compensation capped at 10 months, and costs of the suit.

Boniface Ndai v County Assembly of Laikipia & 2 others [2019] KEELRC 293 (KLR)

✦ The application for judicial review is not merited and the Applicant will meet the costs of the motion.

John Thomas Ngugi Mbau v County Public Service Board of Kiambu [2019] KEELRC 273 (KLR)

✦ Claimant's claim is dismissed with costs.