Kenyan case law

Francis Sitima Ihachi & another v Sharks Great Club & Beer Gardens Limited [2020] KEELRC 1824 (KLR)

✦ The Claim is declined.

Farida Ramadhan Mamboleo v Mombasa Maize Millers (KSM) Limited & another [2020] KEELRC 840 (KLR)

✦ Claimant was an employee of the 1st respondent and not employed by the 2nd respondent. The claimant is entitled to compensation for unlawful and unfair dismissal.

William Malii Mwanzia v Isuzu East Africa Limited (Formerly General Motors East Africa Limited) [2020] KEELRC 906 (KLR)

✦ The court holds that the 2013 CBA applies to the claimant's employment and the retirement age of 55 years is binding. The claimant's premature retirement notice is dismissed.

Geoffrey Ngari Kuria v Martha Wangui Karanja & 2 others [2020] KEELRC 1723 (KLR)

✦ Application for stay of proceedings is allowed

Vickman Ivuti Nthima v Philomena Wanjiru t/a Kiki Café & another [2020] KEELRC 1611 (KLR)

✦ The court finds that the employer has not proved that the claimant was aware of the stolen materials and that he was not a security guard, thus the dismissal was not valid.

Serah Njeri Muthoni & another v Charles Njoroge Ngugi & 2 others [2020] KEELRC 149 (KLR)

William Wachira Waruinge v Kago Mukunya & Associates [2020] KEELRC 1760 (KLR)

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

Geoffrey Gitau Wainoga v Goal South Sudan [2020] KEELRC 329 (KLR)

✦ The application is hereby dismissed with costs.

Rosemary Ndinda Ndivo v Henkel Kenya Limited [2020] KEELRC 489 (KLR)

✦ The Court sets aside the injunctive orders and directs the parties to proceed with the main claim.

Zachary Binyanya & 2 others v Union of Kenya Civil Servants & 2 others; Registrar of Trade Unions (Interested Party) [2020] KEELRC 319 (KLR)

✦ The Court orders that the removal of the Petitioners from office was ultra-vires and unlawful, and they are entitled to hold their respective offices for the full term of 5 years.

Zachary Otieno Madjweck v Bollore Transport & Logistics Kenya Limited [2020] KEELRC 729 (KLR)

✦ The Court finds that the termination of the Claimant's employment was lawful and fair, and dismisses the Claimant's claim with costs.

Zelpha Khagoitsi Lugalia v Agakhan University Hospital [2020] KEELRC 1791 (KLR)

✦ The claimant's employment was not converted to permanent terms and she failed to prove her case on a balance of probability for unlawful termination.

Zipporah Lilian Wamweru v Mitsumi Computer Garage Limited [2020] KEELRC 1709 (KLR)

✦ The Court finds the termination of the Claimant's employment unfair and orders compensation and other remedies.

Fanuel John Emodo v China Qingjian International Group (Kenya) Limited [2020] KEELRC 1696 (KLR)

✦ The petition is dismissed as vexatious and an abuse of court process.

Francis Aseyo Buluku v Manjit Singh Dhadialla [2020] KEELRC 1313 (KLR)

✦ The application for review is dismissed with no orders on costs.

Virginia Wangari Muita v Nyoro Construction Co Ltd [2020] KEELRC 554 (KLR)

✦ The Employment and Labour Relations Court has jurisdiction over the suit and the Magistrates Court's proceedings are valid. The application to transfer the case is dismissed.

Simon Muchiri Kamau v One Way Cleaning Services [2020] KEELRC 1459 (KLR)

✦ The application to strike out the claim for want of prosecution is dismissed.

Tamarind Management Limited v Peter Sombo & another [2020] KEELRC 469 (KLR)

✦ Order of stay of execution granted subject to deposit of decretal sum in an interest earning account

Simon Titus Yandi v Directline Assurance Co Ltd [2020] KEELRC 1277 (KLR)

✦ Allow stay on condition Applicant deposits decretal sum in joint interest earning account within 30 days

Evans Musyoki Mutua v Shreeji Enterprises (K) Ltd [2020] KEELRC 1084 (KLR)

✦ The dismissal was unfair and unlawful, and the claimant is entitled to one month's salary in lieu of notice plus one month's compensation for unfair termination.

Jacinta Wanjiku Keru & another v Ministry of Interior and Coordination of National Government & 2 others [2020] KEELRC 615 (KLR)

✦ The dismissal was wrongful and the Claimants are entitled to reinstatement or compensation.

Jamal Akbarali Hussein v Bobmil Industries Limited [2020] KEELRC 616 (KLR)

✦ The termination of the Claimant's employment was valid and the Claimant is not entitled to the reliefs sought.

Hezekiah Chepkwony & 2 others v Cabinet Secretary, Ministry of Health & 2 others [2020] KEELRC 1603 (KLR)

✦ The Petitioners' transfers/deployments were ultra vires and in breach of the Constitution.

Henry Thuranira Ruuti & 2 others v National Police Service & 3 others [2020] KEELRC 668 (KLR)

✦ The removal letters dated March 27, 2020, are null and void, and the Petitioners are reinstated.

Gideon Judah Nyumbu v Asille Trading (E.A) Limited [2020] KEELRC 1292 (KLR)

✦ Claimant is entitled to service pay for 4 years, unpaid leave for 3 years, and 12 months' salary as compensation for unfair termination.