Kenyan case law

Eliud Kinyua Tiribu v Mastermind Tobacco Limited [2019] KEELRC 2330 (KLR)

✦ The Court finds that Claimant was legally an employee of Respondent and that his employment was unfairly terminated, awarding him 1 month salary in lieu of notice and 7 months gross wages as compensation.

Meshack Auta Ongeri v Nyamache Tea Factory Company Limited [2019] KEELRC 2269 (KLR)

✦ The termination of employment was found to be wrongful, unfair and unlawful.

Raymond Kiplangat Kirui v Mogogosiek Tea Factory Co. Limited [2019] KEELRC 2267 (KLR)

✦ The application is dismissed for lack of merit.

Naumy Chelangat v Kapkoros Tea Factory Co. Ltd [2019] KEELRC 2250 (KLR)

✦ Application dismissed for want of merit

Philip Kipsang Kemboi v Speaker, County Government of Kericho & 3 others [2019] KEELRC 2303 (KLR)

✦ Application dismissed with costs

Bungoma County Public Service Board & 6 others v Governor, County Government of Bungoma & 3 others [2019] KEELRC 2332 (KLR)

✦ The court found that the Respondents do not have the constitutional and legal authority to remove the Petitioners from office.

Agapetus Nyongesa v Board of Management Bungoma High School [2019] KEELRC 2342 (KLR)

✦ The court adopted the computation on Leave pay, Overtime, Restdays and Public Holidays for a period of 3 years and awards the Claimant an additional sum of Kshs 479,134.98.

John Kimunyi Mutunga v Mind Quest Limited & another [2019] KEELRC 2254 (KLR)

✦ Application dismissed with costs

Kenya Union of Printing, Publishing Paper Manufacturers and Allied Workers v Tissue Kenya Limited [2019] KEELRC 2316 (KLR)

✦ The Court finds and holds that the termination of the Grievants' contracts were unfair and awards compensation and pay in lieu of notice.

Reuben Kipkoech v Board of Management Moi Kipsitet Girls Secondary School [2019] KEELRC 2238 (KLR)

✦ The court found that the claimant resigned from his casual employment with the respondent on his own volition on 3rd October, 2017, and thus, there was no wrongful termination.

Rose Lunani Lukorito v Teachers Service Commission [2019] KEELRC 2369 (KLR)

✦ The court strikes out the entire suit as the suit was filed after the six-year limitation period.

Pius Simiyu Ndumba v County Public Service Board & 2 others [2019] KEELRC 2359 (KLR)

✦ The Petition is dismissed with costs.

Kenya National Private Security Workers Union v G4s Kenya Limited [2019] KEELRC 2336 (KLR)

✦ The court finds the dismissal unjustified and commutes it to a normal termination, awarding service gratuity and notice pay.

Margaret Chepngetich v Letshego Kenya Limited [2019] KEELRC 2236 (KLR)

✦ The termination of the claimant's employment was not wrongful, unfair, or unlawful.

Kelvin Reynold Namale v Yako Supermaket Company Ltd [2019] KEELRC 2360 (KLR)

✦ The Claimant's claim for unlawful dismissal and assault is dismissed. The Claimant is entitled to payment of Kshs 34,000 as claimed.

Kenya Union of Commercial, Food And Allied Workers v National Cereals & Produce Board [2019] KEELRC 2261 (KLR)

✦ The dismissal of the Grievants was found to be unlawful, and they are entitled to pay in lieu of notice, compensation, and damages.

Bernard Kipngetich Koskei v James Finlays (K) Ltd [2019] KEELRC 2277 (KLR)

✦ Application dismissed with costs

Lydiah Mongina Mokaya v St.Leonard Maternity & Nursing Limited [2019] KEELRC 2306 (KLR)

✦ The application is dismissed with costs to the claimant/respondent

Alloyce Obama v Kenya Railways Corporation [2019] KEELRC 2349 (KLR)

✦ The cause of action is statute barred, and the claim is dismissed.

Kiura v Lichi Security Systems Limited (Cause 1746 of 2013) [2019] KEELRC 2623 (KLR) (31 January 2019) (Judgment)

✦ The contract of service was terminated by the claimant through desertion. The claimant is not entitled to salary in lieu of notice or compensation for wrongful termination. The claimant is entitled to gratuity, accrued leave, and refund of SACCO shares.

Felistus Kavuli Muoki v Savannah Academy [2019] KEELRC 2403 (KLR)

Patrick O Oluoch v Ereto Bookshop Limited [2019] KEELRC 2010 (KLR)

✦ Claim dismissed with costs to respondent, compensation for notice pay is not justified where summary dismissal is justified

Okoiti v President of Kenya & 4 others (Petition 19 of 2016) [2019] KEELRC 2570 (KLR) (31 January 2019) (Judgment)

✦ The Court found that the Respondents were not in violation of the constitutional values and procedures and dismissed the Petition.

Antony Chelimo v Kenya Commercial Bank Ltd [2019] KEELRC 2442 (KLR)

✦ The court found the termination to be unfair and unlawful.

Paul Muiruri Ngugi v Anil Walia t/a Shinners Girls High School [2019] KEELRC 1836 (KLR)

✦ Judgment is entered for the claimant for the payment of the due house allowance at Ksh.192,000.00 plus costs assessed at Ksh.20,000.00.