Kenyan case law

Duncan Mwangi & 5 others v Kenya Petroleum Oil Workers Union [2021] KEELRC 1614 (KLR)

✦ Petitioners have 3 days to regularize their membership by paying the joining fee and monthly subscription.

Charles Kipkemoi Chebii v National Hospital Insurance Fund Management Board [2021] KEELRC 1612 (KLR)

✦ The Court finds the termination wrongful, unlawful, and unfair. The Claimant is entitled to half salary from December 2010 to September 12, 2012, and 3 months' salary as compensation for unlawful termination. The Claimant is also entitled to costs of the suit, a certificate of service, and interest on the sums due.

Michael Munga Mahia v Kenya Universities & Colleges Central Placement Service [2021] KEELRC 1615 (KLR)

✦ Motion dismissed as no prima facie case with probability of success was demonstrated

Eunice Shamia Lumallas v Parliamentary Service Commission & another [2021] KEELRC 1607 (KLR)

✦ The preliminary objection raised by the Respondents is baseless and dismissed with costs to the Claimant.

Peter Maina Mungai v Black Petals Limited [2021] KEELRC 1602 (KLR)

✦ Dismissal was lawful and Claimant failed to prove unlawful dismissal

West Kenya Sugar Co. Ltd v Enock Shiundu Bushuru [2021] KEELRC 2280 (KLR)

✦ The Court sets aside the award of Kshs 100,000/- as general damages and substitutes it with an award of Kshs 50,000/-

Kipkebe Limited v James Nyabuti Tai [2021] KEELRC 2281 (KLR)

✦ The Court sets aside and vacates the award of general damages and substitutes the sum of Kshs 125,000/-

Hezron Ojilo Mung’au v Brinks Security Services Limited [2021] KEELRC 1570 (KLR)

Peterkeen Mwiu Kimweli & 47 others v National Social Security Fund Board of Trustees [2021] KEELRC 2300 (KLR)

✦ Stay of execution of judgment pending appeal

Republic v Egerton University Council Ex parte Rose Mwonya (Judicial Review Miscellaneous Application 2 of 2018) [2021] KEELRC 2304 (KLR) (19 January 2021) (Ruling)

✦ The court dismisses the application and finds that the court is fuctus officio and cannot reopen the case to handle fresh and new matters not flowing from the court's Judgment.

Ludwick Musindi v Nancy Nduta [2021] KEELRC 1610 (KLR)

✦ The motion for enlargement of time to file a reference is dismissed with costs to the Claimant/Respondent

Kenya Union of Sugar Plantation and Allied Workers v Retail Management Solutions Ltd & 3 others [2021] KEELRC 2296 (KLR)

✦ The Court orders that the Respondents must deduct union dues from the wages of employees who have signed union forms and remit the monies to the Union's accounts from January 2021. If not, the Respondents must pay the accrued union subscriptions from their own funds backdated to November 2020.

Okiya Omtatah Okoiti v Public Service Commission & 3 others [2021] KEELRC 2299 (KLR)

✦ The Court declines to review the judgment and dismisses the Motion with costs.

Kenya County Government Workers Union Union v Nairobi Water and Sewerage Company Limited & National Union of Water and Sewerage Employees [2021] KEELRC 2303 (KLR)

✦ The preliminary objection by KCGWU is dismissed as the issues are matters of fact to be determined upon hearing the parties.

Okoiti v Ethics and Anti-Corruption Commission & another (Petition E040 of 2020) [2021] KEELRC 2302 (KLR) (15 January 2021) (Judgment)

✦ The Petitioner has locus standi to institute the proceedings.

Kenya National Private Security Workers Union v Group Nine Security [2021] KEELRC 2317 (KLR)

✦ The objections to limitation are hereby dismissed and the matter shall proceed to full trial on merits.

Dominic Kiprotich Melly v Eldoret Polytechnic [2021] KEELRC 2320 (KLR)

✦ The termination of the Claimant's employment was unfair.

John Odhiambo Ogara v Kenya Union of Post Primary Education Teachers & 3 others [2021] KEELRC 2316 (KLR)

✦ The court will not strike out the suit for being sub judice but will direct that the same be transferred to ELRC Nairobi to be considered alongside or if convenient consolidated with ELRC No 521 of 2019.

Bonuves Kemei Tenai V Wilson K. Kemboi (Acting Execute Secretary Knut Nandi East Branch & 2 others [2021] KEELRC 2319 (KLR)

✦ The Court grants the prayer to restrain the Registrar of Trade Unions from registering the changes of officials and restrains Wilson K. Kemboi from acting as the Branch Executive Secretary pending the hearing and determination of the claim.

Tobias Andhala v E-Smart Technical College [2021] KEELRC 1755 (KLR)

✦ Judgment for the Claimant in the sum of Kshs 416,000/-

Towett K. Geoffrey v Principal - Bomet University College & another [2021] KEELRC 1311 (KLR)

✦ Application dismissed

Patrick Mayamba & 49 others v Afro Plastics Kenya Limited [2021] KEELRC 231 (KLR)

✦ The Court finds the claimants' services were unfairly terminated and awards compensation accordingly.

Kenya Hotels and Allied Workers Union v Armo Aquarius Ltd t/a Lily Palm Resort [2021] KEELRC 131 (KLR)

✦ The preliminary objection is dismissed as the facts are not agreed and the court cannot close out a party on account of a preliminary objection.

Jane Kaimuri David v Co-operative Bank Savings and Credit Society Limited [2021] KEELRC 2074 (KLR)

✦ The court granted a temporary injunction restraining the Respondent from terminating the employment services of the Claimant and from interfering with her rights, benefits, and privileges pending the hearing and determination of the application.

Zachary Oluoch Ochuodho v Board of Management, Gendia High School [2021] KEELRC 1657 (KLR)

✦ The Court finds that the Respondent has established valid and fair reasons to dismiss the Claimant.