Kenyan case law
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Elolo v Tabu (Cause 636 of 2016) [2024] KEELRC 1644 (KLR) (24 June 2024) (Judgment)
✦ Judgment entered in favor of the Claimant for underpayment of wages, compensation for 3 days worked, one month's salary as notice, and one month's salary as compensation.
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Kel Chemicals Limited v Muganda (Miscellaneous Application E211 of 2023) [2024] KEELRC 1598 (KLR) (24 June 2024) (Ruling)
✦ The Applicant is granted leave to appeal out of time, subject to paying thrown-away costs. The court grants a stay of execution of the decree.
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Kirigia v First Drinks (K) Limited (Employment and Labour Relations Cause 774 of 2017) [2024] KEELRC 1658 (KLR) (24 June 2024) (Judgment)
✦ The Court found that procedural fairness was absent in the termination of the Claimant's employment and that the Respondent failed to discharge its burden of proving procedural fairness.
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Mason Services Limited v Kanja (Miscellaneous Case E032 of 2024) [2024] KEELRC 1621 (KLR) (24 June 2024) (Ruling)
✦ The Court grants leave to file the appeal out of time due to the Applicant's inability to be notified of the suit and judgment in a timely manner.
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Kosgei v Board of Management Mindililwo Special School (Employment and Labour Relations Cause 44 of 2018) [2024] KEELRC 1561 (KLR) (21 June 2024) (Ruling)
✦ The application is dismissed with costs.
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Ngibuini v National Water Conservation and Pipeline Corporation & another (Cause 2299 of 2016) [2024] KEELRC 1581 (KLR) (21 June 2024) (Judgment)
✦ The Court found that the termination was unfair and unlawful.
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Onyango v Ken Knit Kenya Limited (Employment and Labour Relations Cause E003 of 2024) [2024] KEELRC 1569 (KLR) (21 June 2024) (Ruling)
✦ This court retains its original jurisdiction and transfers the case to the Chief Magistrates Court Eldoret.
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Gachara v Cooperative Bank (Cause 441 of 2019) [2024] KEELRC 1579 (KLR) (21 June 2024) (Ruling)
✦ The Court does not exercise its discretion to reinstate the suit due to inordinate delay and lack of diligence from the Claimant.
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Anjia v Wamuinga & 8 others (Sued as Trustees of Kenya Railways Staff Retirement Benefits Scheme) (Cause 161 of 2020) [2024] KEELRC 1547 (KLR) (21 June 2024) (Judgment)
✦ Termination was unfair and unlawful. The Claimant is awarded 12 months' salary in compensation for unfair termination (Kshs. 1,074,396) and 3 months' salary in notice (Kshs. 268,599).
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Omondi v Medisel (Kenya) Limited & another (Cause E038 of 2023) [2024] KEELRC 1582 (KLR) (21 June 2024) (Judgment)
✦ The termination was not fair and lawful as the Respondents failed to provide evidence that the Claimant's position was abolished.
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Kenya Union of Domestic, Hotels, Educational Institutons and Hospital Workers [KUDHEIHA] v B.O.M. Kilimani Primary School (Cause E535 of 2021) [2024] KEELRC 1553 (KLR) (21 June 2024) (Judgment)
✦ The Court declines the claim and dismisses the case.
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Njaramba v Nairobi Water & Sewerage Company Limited (Cause 1414 of 2018) [2024] KEELRC 1584 (KLR) (21 June 2024) (Ruling)
✦ The Court grants the stay of execution pending appeal
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Bhogatia v Madison Group (Cause 6564 of 2020) [2024] KEELRC 1587 (KLR) (21 June 2024) (Judgment)
✦ The Claimant is awarded the sum of Kshs 205,000.00 for unpaid salary and interest at court rates from the date of filing the suit until payment in full. The Respondent is ordered to bear the costs of the claim.
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Kenya Engineering Workers Union v AKS East Africa Limited (Cause 523 of 2017) [2024] KEELRC 1585 (KLR) (21 June 2024) (Judgment)
✦ The claim is dismissed for being time-barred.
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Aika v Surgilinks Limited (Cause E582 of 2022) [2024] KEELRC 1583 (KLR) (21 June 2024) (Judgment)
✦ The Court found that the Respondent did not prove a justifiable reason for terminating the Claimant's employment and that the termination was unfair.
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Marango v Board of Management S.C.L.P Samaj School & another (Cause 620 of 2017) [2024] KEELRC 1586 (KLR) (21 June 2024) (Judgment)
✦ The 2nd Respondent is not a proper party to the suit. The Claimant's termination was fair and lawful, but he is not entitled to the reliefs sought.
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Kigomo v Lewa Wildlife Conservancy (Cause E345 of 2022) [2024] KEELRC 1588 (KLR) (21 June 2024) (Judgment)
✦ The Court finds that the Claimant's termination was fair and lawful as it was based on the operational requirements of the Respondent due to the adverse impact of the COVID-19 pandemic.
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Cheruiyot & another v Bomet University College (Cause 35 of 2021 & Employment and Labour Relations Cause 030 of 2021 (Consolidated)) [2024] KEELRC 1562 (KLR) (21 June 2024) (Judgment)
✦ The court awards the 1st and 2nd Claimants their claimed leave days and car allowances.
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Asuna v Garden Estate Development Limited (Appeal E042 of 2022) [2024] KEELRC 1580 (KLR) (21 June 2024) (Judgment)
✦ The trial court erred in striking out the Appellant's Statement of Claim on the basis of jurisdiction with respect to work injury benefits.
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Kamau v Cleanshelf Supermarket Limited (Cause 662 of 2020) [2024] KEELRC 1548 (KLR) (21 June 2024) (Judgment)
✦ Termination was unfair and unlawful
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Kenya Engineering Workers Union v Mabati Rolling Mills Limited (Cause E100 of 2023) [2024] KEELRC 1566 (KLR) (20 June 2024) (Ruling)
✦ The court should invoke Rule 37(1) of the Court Rules and direct the CPMU to file a report within 30 days of service of the pleadings.
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Mutua v Buxton Hospital Mombasa Ltd (Cause E054 of 2022) [2024] KEELRC 1552 (KLR) (20 June 2024) (Judgment)
✦ The Court finds that the Claimant was unfairly dismissed and awards compensation for unfair termination of employment, balance of salary for May 2020, unpaid salary for the months of June to December 2020, and unpaid salary for 11 months in 2021.
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Dakawou Transport Limited v Kithuku (Appeal E060 of 2024) [2024] KEELRC 1571 (KLR) (20 June 2024) (Ruling)
✦ The court granted the stay of execution pending the appeal.
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Chimbagu v A Niaz & Sons Limited (Cause 630 of 2016) [2024] KEELRC 1544 (KLR) (20 June 2024) (Ruling)
✦ The Objector's Notice of Objection and Motion is dismissed with costs, and the attachment of the Respondent's movable properties is not lifted.
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Mudi v County Government of Kakamega & 3 others (Employment and Labour Relations Cause E022 of 2023) [2024] KEELRC 1546 (KLR) (20 June 2024) (Judgment)
✦ The termination of the Claimant's employment was lawful and the Claimant is not entitled to the reliefs sought.