Kenyan case law

George Ochieng Ododa & 5 others v Kenya Railways Retirement Benefits Scheme [2016] KEELRC 1699 (KLR)

✦ The Respondent's application is dismissed, and the cost of the application will be in the cause.

Transport Workers Union v Puma Wholesalers Limited [2016] KEELRC 1828 (KLR)

✦ The application to enlarge time within which the applicant is to file a notice of appeal is misconceived, and the application for stay of execution pending filing of appeal to the Court of Appeal is refused.

Savanna International Limited v Joel Omagwa Momwanyi & another [2016] KEELRC 334 (KLR)

✦ The Court granted the proposed order 2 of the motion on condition that the decretal sum of Kshs 92,114/58 and Kshs 63,435/- being auctioneers fee as exhibited in the fee note are deposited into Court on or before 18 November 2016.

Godfrey Kimani Njenga v Athi River Mining Limited [2016] KEELRC 164 (KLR)

✦ The court dismissed the application and ordered the claimant to have costs and interest at court rates.

Gabriel Keya v Nick Emson & another [2016] KEELRC 922 (KLR)

✦ The court dismisses the respondents' preliminary objection and invites parties to take further steps towards the hearing and determination of the petition.

Francis George Omanyo v Inter Security Services Limited [2016] KEELRC 1067 (KLR)

✦ The claimant is awarded one month's salary in lieu of notice, service pay, and costs.

Wairimu Mureithi v Sphinx Pharmaceuticals Limited [2016] KEELRC 437 (KLR)

✦ The dismissal was found to be unfair and unjustified, and the claimant was awarded 1 months' salary in lieu of notice, 38 leave days, house allowance, and 12 months' salary as damage for unlawful termination.

Francis Kariuki Njuguna v National Construction Authority [2016] KEELRC 1104 (KLR)

✦ The motion for interlocutory injunction is dismissed. The Respondent is restrained from advertising, soliciting, and interviewing for the position of General Manager – Registration Compliance and Training pending the hearing and determination of the main suit.

Janet Mumbi Nyinge v Diani Beach Hospital [2016] KEELRC 1622 (KLR)

✦ The claimant voluntarily resigned from her employment, and the court declines to make a declaration that the termination was wrongful, null and void. The claim for salary in lieu of notice and compensation for unfair termination is dismissed. The claimant is awarded kshs.102,300/= plus half costs and interest.

Gerorge Mwangi Karuga v Nairobi City Water & Sewerage Company Ltd & another [2016] KEELRC 1463 (KLR)

✦ The suit is not time barred and the Preliminary Objection is dismissed.

Geoffrey Mwori v Water Resources Management Authority & 2 others [2016] KEELRC 860 (KLR)

✦ The court finds that the petitioner’s transfers were in violation of his rights and the 1st respondent is ordered to pay the petitioner’s costs and set aside the transfer to Kakamega.

Violet Shivachi v Selecta Kenya – Gmbh & Co Kg Limited [2016] KEELRC 471 (KLR)

✦ The Court finds the dismissal unfair and unjustified, and orders compensation and notice pay.

Geoffrey Asanyo v County Government of Nakuru & 2 others [2016] KEELRC 264 (KLR)

✦ The Court orders that the Statement of Claim filed by the Claimant be struck out with costs to the 2nd Respondent.

Garama Karisa Masha v Krystalline Salt Limited [2016] KEELRC 535 (KLR)

✦ Claimant's claim is dismissed as he was employed on piece work terms, not regular employment.

Noah Jacob Mwivanda v Wilson Yaola Sifuna & 2 others [2016] KEELRC 94 (KLR)

Geoffrey Kiragu Njogu v Public Service Commission & another [2016] KEELRC 541 (KLR)

✦ The preliminary objection is allowed on the ground that the intended suit is incurably time barred under section 90 of the Employment Act, 2007.

Evans Mumo Mwangangi v Kitui County Public Service Board & another [2016] KEELRC 1125 (KLR)

✦ The Court finds the disciplinary process to be procedurally unfair and irregular, and orders the Respondents to pay the Claimant his full salary and allowances pending the hearing and determination of the suit.

Geradina Khayele Wendo v Board Of Governors Sigalagala Technical Training Institute [2016] KEELRC 1439 (KLR)

✦ The Claimant is not entitled to leave or severance pay, but is entitled to 252 days of leave at Shs. 98,438.80 and Shs. 103,648.00 in terminal gratuity pay.

Rudolf Shitandi Daraja v Zablon Juma Atulo t/a Z.J. Atulo & Company Advocates [2016] KEELRC 127 (KLR)

✦ Claimant failed to prove wrongful dismissal and is dismissed

Samuel Maina Gichuhi v Nature Pharmacy Ltd & another [2016] KEELRC 614 (KLR)

✦ The application lacks merit and is dismissed with costs to the claimant.

Samuel Maina Gichuhi v Nature Phamacy Limited & Ndubai Ngeera [2016] KEELRC 1831 (KLR)

✦ Claimant is entitled to one month salary in lieu of notice, fifteen days salary for October 2011, severance pay, and ten months salary as compensation for unlawful termination.

Samuel Kipkoech Keter v County Government of Bomet & 3 others [2016] KEELRC 1497 (KLR)

✦ Petition dismissed with costs.

Titus Ominde v Mediamax Network Ltd [2016] KEELRC 351 (KLR)

✦ The court finds that the relationship between the parties did not constitute an employment capable of being terminated strictly. Therefore, the claimant is not entitled to the relief sought.

Frank Zawadi Wanjala Mudibo & 5 others v Zircon Group Limited [2016] KEELRC 1854 (KLR)

✦ The termination was not wrongful as the probationary period was extended without the employees' consent, and the employees were not given proper notice.

Mwangi Muchai v Daniel Wainaina Makeri [2016] KEELRC 1864 (KLR)