Kenyan case law

Abdiazizi Sheikh Maad & 3 others v Governor, Mandera County & 2 others [2021] KEELRC 2284 (KLR)

✦ The petitioners are entitled to the salary set by the SRC in the said Gazette Notice being Kshs. 259,875 multiplied by the 32 months outstanding in their contract.

Kyongo v Enterprises (Cause 1498 of 2015) [2021] KEELRC 2285 (KLR) (25 January 2021) (Judgment)

✦ The Court finds that the Claimant's employment was converted to a regular contract of service under section 37 of the Employment Act, and that the termination of his service was unfair.

National Authority for the Campaign against Drug and Alcohol Abuse v Jennifer Nyambura Kimani [2021] KEELRC 2266 (KLR)

✦ The suit is dismissed with no orders as to costs.

Joshua Mueke Kithuku v Arm Cement Limited & another [2021] KEELRC 2293 (KLR)

✦ The Court found the termination of the Claimant's employment to be unfair and ordered reinstatement without loss of rights, privileges, benefits, and status.

Nyamu & 10 others v National Bank Of Kenya Limited (Cause 1476 of 2015) [2021] KEELRC 2207 (KLR) (22 January 2021) (Ruling)

✦ The application for stay of execution pending appeal is granted.

Joseph Wakibia v Jomo Kenyatta University of Agriculture and Technology [2021] KEELRC 2205 (KLR)

✦ The court found that the Respondent did not disobey the court order and that the application is overtaken by events.

Patrick Wafula Kuloba v Director/Chief Executive Officer, Kenya Industrial Research & Development Institute [2021] KEELRC 2294 (KLR)

✦ The court held that the suspension was not lawful and fair, and ordered the reinstatement of the claimant.

David K. Songok & 8 others v Kenya Electrical Traders and Allied Workers Union & 11 others [2021] KEELRC 2278 (KLR)

✦ The suspension of petitioners is still pending and sub judice. The petitioners have not established a prima facie case to contest the suspension or the election procedures.

Bartholomew Mutua Kimanzi v Kenya Power and Lighting Company Limited [2021] KEELRC 2174 (KLR)

✦ The termination was found to be unfair.

Wanjala v Services (Civil Case 1257 of 2015) [2021] KEELRC 2214 (KLR) (22 January 2021) (Judgment)

✦ The court held that the dismissal was unfair and unlawful.

Kenya Airline Pilots Association v Kenya Airways PLC [2021] KEELRC 2288 (KLR)

✦ The court held that there is no provision for Covid-19 leave in the parties' Collective Bargaining Agreement, Human Resources Policy Manual, or the Law. The court recommended that Kenya Airways PLC mitigate the negative effects of the pandemic on its business by reducing the leave liability for pilots and providing for deferment of 65% salary.

Caroline Mwirigi v African Wildlife Foundation [2021] KEELRC 2201 (KLR)

✦ The application is dismissed as the applicant has not met the legal threshold for setting aside a regular judgment.

Ingoshi v Baguma & another (Cause 686 of 2018) [2021] KEELRC 2216 (KLR) (22 January 2021) (Ruling)

Naomi Jelimo v Naomi Jelimo [2021] KEELRC 2279 (KLR)

✦ The court granted the interlocutory injunction pending trial

Stephen Kimani Muthoni v Thika Coffee Limited (Cause 695 of 2015) [2021] KEELRC 2206 (KLR) (22 January 2021) (Ruling)

✦ The court dismissed the respondent's application to review the previous judgment as untimely and without merit.

Okiya Omtatah Okoiti v National Executive of the Republic of Kenya & 10 others; Capital Markets Authority (CMA) (Interested Party) [2021] KEELRC 2282 (KLR)

✦ The court held that the Employment and Labour Relations Court has jurisdiction to hear the petition as it falls under the categories of disputes relating to employment and labour relations as per Article 162(2) of the Constitution and Section 12 of the Employment and Labour Relations Court Act.

Ochuodho v Intercontinental Hotel Limited (Cause 2127 of 2014) [2021] KEELRC 2208 (KLR) (22 January 2021) (Judgment)

✦ The termination was substantively and procedurally fair.

Agnes Wangeci Munderu & 6 others v Seth Panyako, the General Secretary, Kenya National Union of Nurses & 2 others [2021] KEELRC 2286 (KLR)

✦ The preliminary objection is dismissed with costs.

Alice Ndaani & 5 others v Mwalimu National Savings and Credit Co-operative Society Limited [2021] KEELRC 2202 (KLR)

✦ The court finds that the redundancy was unfair and unlawful.

Michael Kinyanjui Mburu v Kenyatta University [2021] KEELRC 2291 (KLR)

✦ The suspension letter was declared illegal, unjust, irregular, null and void and unconstitutional. The Claimant is not entitled to reinstatement but is awarded three (3) months' salary as compensation.

Kenya Medical Practitioners, Pharmacists and Dentists Union v County Government of Migori [2021] KEELRC 2258 (KLR)

✦ Petition dismissed with costs

Consumer Federation of Kenya v Cabinet Secretary for Environment & Forestry & 3 others; Kenya School of Government & another (Interested Parties) (Petition E072 of 2020) [2021] KEELRC 1461 (KLR) (20 January 2021) (Ruling)

✦ The petition is not res judicata or sub judice, and the appointment of Mamo Boru Mamo as Director General of NEMA was found to be in violation of the Constitution and EMCA.

Jubilee Jumbo Hardware Ltd v Erick Otieno Okwany [2021] KEELRC 2270 (KLR)

✦ The Court finds no error of law or fact on the part of the trial court and dismisses the appeal with costs.

Daniel Mwanzia Mutua v Kenya Builders & Concrete Co. Limited [2021] KEELRC 1448 (KLR)

✦ The court finds the employment terminated unlawfully and awards compensation of Ksh.16,983.20 and a certificate of service.

Benedict Kyalo Muinde v Straight Security Services Limited [2021] KEELRC 1403 (KLR)

✦ The court dismissed the suit for want of prosecution.