Kenyan case law
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Ombisa & 2 others v Lorenzo Professionals Dry Cleaners (Cause 193 of 2018) [2022] KEELRC 76 (KLR) (9 June 2022) (Judgment)
✦ The Court finds the claimants entitled to compensation for unlawful and unfair dismissal and awards them accordingly.
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Owuor v Rea Vipingo Plantations Ltd (Cause 529 of 2018) [2022] KEELRC 1452 (KLR) (9 June 2022) (Judgment)
✦ Owuor was a piece-rated employee, and his dismissal was not fair.
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Orata & another v County Assembly Service Board, Homabay County & another (Petition E010 of 2022) [2022] KEELRC 103 (KLR) (9 June 2022) (Ruling)
✦ The application is dismissed as it does not meet the threshold set in Giella v Cassman Brown & Co. Ltd.[1973] E.A. 358.
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Maungu v Board of Management, Mua Girls High School (Cause 2074 of 2017) [2022] KEELRC 1757 (KLR) (9 June 2022) (Judgment)
✦ The suit is time barred by virtue of Section 90 of the Employment Act, 2007
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SOO v International Center for AIDS Care and Treatment Programs (ICAP) Kenya & another (Cause 137 of 2015) [2022] KEELRC 1479 (KLR) (9 June 2022) (Ruling)
✦ The application is dismissed with costs as there are no grounds to warrant the setting aside of the orders of the court.
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Ekisa v Highland Primary School; Wachira & 2 others (Interested Parties) (Cause 14B of 2020) [2022] KEELRC 3831 (KLR) (9 June 2022) (Judgment)
✦ The claimant was found to be an independent contractor, not an employee under a contract of service.
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Victonel Academy v Njuguna (Employment and Labour Relations Appeal E013 of 2021) [2022] KEELRC 1638 (KLR) (9 June 2022) (Ruling)
✦ The application for stay pending appeal is allowed on the condition that the applicant deposits the entire decretal sum in a joint interest earning account held in joint names of counsels within 60 days.
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Kenya Universities Staff Union (Maseno University Branch) v Maseno University (Petition E019 of 2022) [2022] KEELRC 1496 (KLR) (9 June 2022) (Ruling)
✦ Court declines to issue conservatory orders and directs the Petition to be determined on the merits.
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Malel v Stima Sacco Society Ltd (Cause 21 of 2020) [2022] KEELRC 1778 (KLR) (9 June 2022) (Judgment)
✦ The dismissal was not fair and the Respondent did not follow due process.
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Chimbagu v A. Niaz & Sons Limited (Cause 630 of 2016) [2022] KEELRC 1115 (KLR) (9 June 2022) (Judgment)
✦ The Court finds the termination of the Claimant's employment to be unfair and awards him eight months' salary as compensation for unlawful and unfair termination of employment.
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Chandaria Industries Limited v Masisa (Miscellaneous Civil Application E059 of 2021) [2022] KEELRC 71 (KLR) (9 June 2022) (Ruling)
✦ The application is dismissed with costs.
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Mombasa Aviation Training Institute v Charles Maina Joseph (Appeal E026 of 2021) [2022] KEELRC 1457 (KLR) (9 June 2022) (Ruling)
✦ The appeal is dismissed as it was filed out of time and without leave.
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Ogare v Herne Ltd (Cause 35, 36, 37, 38, 39, 40, 41 & 42 of 2017 (Consolidated)) [2022] KEELRC 3830 (KLR) (9 June 2022) (Ruling)
✦ The summons for oral examination and production of books of account is allowed. The directors are ordered to attend court on June 30, 2022, and produce the books of account and other documents showing the affairs of the company.
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Olum & 15 others v Mundu & another (Cause 370 of 2020) [2022] KEELRC 1536 (KLR) (9 June 2022) (Ruling)
✦ The application is dismissed as the applicants have failed to establish a prima facie case and the balance of convenience favours the respondents.
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Kijuu v Hilcrest Investments Limited (Cause 403 of 2017) [2022] KEELRC 4156 (KLR) (9 June 2022) (Judgment)
✦ The Court found that the termination of the Claimant’s employment was not procedurally fair due to the lack of a proper notice period as required by the Employment Act, 2007.
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Ambutsi v Riley Services Limited (Cause 225 of 2018) [2022] KEELRC 1453 (KLR) (9 June 2022) (Judgment)
✦ Claimant awarded compensation for unfair termination of employment, one month salary in lieu of notice, leave allowance for four years, December 2017 salary, and uniform refund.
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Republic v Principal Secretary-State Department, Ministry of Interior and Coordination of National Government; Rono (Exparte) (Judicial Review E006 of 2021) [2022] KEELRC 1548 (KLR) (9 June 2022) (Judgment)
✦ The Court finds that the Respondent has failed to pay the awarded amount and grants an order of mandamus compelling the Respondent to settle the decretal sum together with interest and costs.
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Justine & another v New Generation Stores Limited (Cause 716 of 2016) [2022] KEELRC 105 (KLR) (9 June 2022) (Judgment)
✦ Judgment is entered in favor of the Claimants for a sum of Ksh.2,400,000, the amount assessed by the Director of Occupational Safety and Health Services.
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Saoke v Robinson Security Group t/a Robinson Investment Limited (Cause 291 of 2016) [2022] KEELRC 1639 (KLR) (9 June 2022) (Ruling)
✦ The court grants a stay of execution on condition that the applicant deposits the entire decretal sum in a joint interest earning account held in joint names of counsels on record within 60 days.
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Kenya Union of Commercial Food and Allied Workers v Kitui Flour Mills (Cause 35 of 2019) [2022] KEELRC 1454 (KLR) (9 June 2022) (Ruling)
✦ The suit was dismissed for want of prosecution due to the failure to file a show cause adavit within the prescribed time.
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Kisali v Ultimate Enineering Limited (Cause 16 of 2016) [2022] KEELRC 1763 (KLR) (9 June 2022) (Ruling)
✦ The court cannot order the directors to be pursued to satisfy the judgment as the respondent is no longer in existence.
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Ooro v Kenya Red Cross Society (Cause 59 of 2019) [2022] KEELRC 106 (KLR) (9 June 2022) (Judgment)
✦ The court agrees with the Claimant that she continued in the service of the Respondent as County Coordinator after the expiry of her initial contract.
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Ganda v Ministry of State for Defence & 2 others (Cause 2476 of 2016) [2022] KEELRC 1753 (KLR) (9 June 2022) (Ruling)
✦ The suit will not be dismissed for lack of prosecution.
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Lomulen & 17 others v Minyann, Clerk Turkana County Assembly & 2 others (Petition 02 'A' of 2019) [2022] KEELRC 1529 (KLR) (8 June 2022) (Ruling)
✦ The petitioners' redundancy dues are ordered to be paid by the Public Service Commission and the Court through its directions made on 27th April, 2021.
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Chituyi v West Kenya Sugar Ltd (Cause 368 of 2017) [2022] KEELRC 1530 (KLR) (8 June 2022) (Judgment)
✦ Claimant is entitled to compensation for unfair termination and payment in lieu of notice.