Kenyan case law

Stephen Munene Njagi & another v Tharaka Nithi County Government [2020] KEELRC 1150 (KLR)

✦ The motion is struck off with no order as to costs as the Contempt of Court Act has been declared unconstitutional and invalid.

Winnie Mataya Namango v Jocham Hospital Ltd Mombasa [2020] KEELRC 325 (KLR)

✦ The Court finds the Claimant’s dismissal unlawful and unfair.

Stephen Kaburia Rutere v Kenyatta National Hospital Board & 2 others [2020] KEELRC 324 (KLR)

✦ The ex-parte judgment is set aside, and the respondents are found not to be in contempt. The timelines in orders (e) (v), (f) and (g) in the judgment are varied to payment by 31.12.2020 instead of the timelines therein.

William Migwi Kanyua v Risk Solutions Insurance Brokers Ltd [2020] KEELRC 1137 (KLR)

✦ The court does not have jurisdiction to entertain the claim as there was no employer-employee relationship.

Simeon Chepkwony v Golden Cara Investment [2020] KEELRC 879 (KLR)

✦ The court finds the claimant entitled to 7 days unpaid wages and costs of the suit.

Jairus Nyandika Momanyi & another v Laneeb Plastics Industries Limited [2020] KEELRC 1301 (KLR)

✦ The Court finds that the termination was not unfair or unlawful and the claimants are entitled to pay in lieu of the termination notice.

Hassan Abdallah Muhati v A To Z Transporters Limited [2020] KEELRC 651 (KLR)

✦ The Court finds no fault in the execution of the subject redundancy and disallows the Claimant's claims for service pay and underpayment.

John Kamau Gachina v Zakhem International Construction [Kenya] Limited [2020] KEELRC 434 (KLR)

✦ Termination was unfair, and the Respondent is ordered to pay compensation, notice pay, and annual leave allowance.

Republic v Kenya Meat Commission Exparte Ruth Muthoni Mwangi [2020] KEELRC 1454 (KLR)

✦ The Court dismisses the application and orders the applicant to bear her own costs.

Esther Njeri Maina v Kenyatta University [2020] KEELRC 579 (KLR)

✦ Application dismissed as not merited

Surya Development Limited v Hamisi Chitole Mwandoro [2020] KEELRC 1503 (KLR)

✦ The Appeal is allowed. The order of the Trial Court declining preliminary objection is substituted with an order upholding preliminary objection and rejecting the Claim before the Trial Court under Section 90 of the Employment Act.

Ibrahim Osman Abdi v Sawada Ali & 3 others [2020] KEELRC 326 (KLR)

✦ The Petition is withdrawn with no order on costs.

Walter Onyango Odago v Kenya National Union of Teachers(Head Quarters) & another [2020] KEELRC 798 (KLR)

✦ The suspension and dismissal were procedurally irregular and unlawful. The claimant is entitled to the salary withheld during the period of suspension.

John Mwangi Wangui v Prime Steel Mills Limited [2020] KEELRC 452 (KLR)

Kamau Thuo Fiunifu v Nairobi City County Assembly Service Board & 2 others [2020] KEELRC 288 (KLR)

✦ The application for leave to commence judicial review proceedings is allowed, but the leave granted does not operate as a stay of the appointment.

Washington Okoth Odhiambo v Golden Palace Casino [2020] KEELRC 1361 (KLR)

✦ The Court finds that the Respondent unfairly terminated the Claimant's employment and awards him compensation, pay in lieu of notice, accrued leave, and February 2016 salary.

Wycliffe Munyasia Manyonge v Agrics Farm Inputs & Credits (K) [2020] KEELRC 1667 (KLR)

✦ Compensation awarded at Ksh.90,000, notice pay Ksh.30,000, wages withheld May/June 2016 Ksh.39,000, certificate of service issued, and Ksh.88,000 for airtime and transport unaccounted for to be paid with interest.

Yeziel Mathufali Daddah v Chairman [BOG] Tarasaa Youth Polytechnic [2020] KEELRC 1336 (KLR)

✦ The ex-parte order is set aside, and the Judgment-Debtor's bank accounts are released.

Esther Nyaruai Kabau Wanyoike v George Sichangi & another [2020] KEELRC 474 (KLR)

✦ The orders of 2nd April 2019 dismissing the suit are set aside and the suit reinstated

Wilberforce Atsiaya v Crown Berger Limited [2020] KEELRC 1067 (KLR)

✦ The Appellant failed to prove on a standard of probability that he was an employee of the Respondent and/or had a contractual relationship with the Respondent.

Godfrey Jobba v Coastal Bottlers Limited [2020] KEELRC 1782 (KLR)

✦ The termination of the Claimant's employment was not lawful and fair.

Wilson Ngaruiya Njoroge & another v Jomo Kenyatta University of Agriculture and Technology [2020] KEELRC 443 (KLR)

✦ The court will review and vary the judgment to reduce the awards of damages.

M’nkanata Mwirichia v Stanley Gaiti & another [2020] KEELRC 1602 (KLR)

Yunis Moraa Gichana v Wakenya Pamoja Sacco Society Limited & another [2020] KEELRC 109 (KLR)

✦ The claimant is not owed terminal benefits and is not entitled to any damages from the respondents.

Johnson Lisamula Murila v Presbyterian Church Hospital & another [2020] KEELRC 310 (KLR)

✦ The Motion is found without merit and is dismissed with costs to the Claimant