Kenyan case law

Joseah Kiprono Langat v Konoin Tea Growers Sacco Society Limited [2016] KEELRC 990 (KLR)

✦ The claim is time barred and ought to be struck out in the first instance with costs to the Respondent

George Muteti v Express DDB Kenya [2016] KEELRC 1403 (KLR)

✦ The Claimant is entitled to Kshs. 27,626.43 as commission

Evans Katiezo Aligulah v Eldomatt Wholesale And Supermarket Ltd [2016] KEELRC 845 (KLR)

✦ The termination was unfair, and the Claimant is entitled to pay in lieu of notice and accrued leave.

Felix Munyoto Matheka v Tea Warehouses Limited [2016] KEELRC 564 (KLR)

✦ Termination was unfair

Transport Workers Union (K) v Lochab Brothers Limited [2016] KEELRC 674 (KLR)

✦ The Court ordered the Respondent to pay the accrued and unpaid monthly union dues from its own funds in accordance with the provisions of section 19(6) of the Employment Act, 2007, for the period December 2010 to April 2014, and to pay interest at court rates from the date of the judgment till full payment.

Jeremiah Ochieng’ Ponde & 3 others v Borderless Tracking Systems Limited [2016] KEELRC 1639 (KLR)

✦ Termination was unfair and the respondent is ordered to pay notice pay, pro-rata leave, public holidays, days worked, rest days, and compensation for unfair termination to each claimant.

Titus Tunje Kadere v Technical Universtity of Mombasa [2016] KEELRC 1084 (KLR)

✦ The Court found that the Petitioner did not show a Constitutional Moment and that the Respondent met the demands of the relevant Statutes in disciplining the Petitioner. The Petitioner is not entitled to the remedies sought.

Patrick Ondari v National Oil Corporation [2016] KEELRC 90 (KLR)

✦ The Court ordered leave to file the claim out of time.

Titus Wamalwa Khaemba v Transport Workers Union & another [2016] KEELRC 1827 (KLR)

✦ The court finds that the purported reduction of the claimant's salary and allowances was unlawful and against the union constitution.

James Mangale Chai v Zainul Yusufali Dar t/a Gigi & Company [2016] KEELRC 177 (KLR)

✦ The claimant was unfairly terminated by the respondent.

Francis Kimutai Bii v Kaisugu (K) Ltd [2016] KEELRC 1383 (KLR)

✦ The court declines to grant a stay of execution and proceedings, dismissing the application with costs to the respondent.

Fredrick Juma Ogeda v Prime Steel Mills Limited [2016] KEELRC 24 (KLR)

✦ The court awarded compensation, notice pay, leave pay, and costs to the claimant.

Jane Wambui Wahome v County Government of Laikipia [2016] KEELRC 108 (KLR)

✦ The termination was not unfair, and the claimant is entitled to underpayment from September 2011 to March 2013, totaling Kshs.100,214.00.

Francis Aseyo Buluku v Protectors Limited [2016] KEELRC 1158 (KLR)

✦ The Claimant's claim is dismissed as the Respondent is not properly joined in the proceedings and the Claimant resigned on his own volition.

Jared Ondieki Momanyi v Beta Engineering Ltd [2016] KEELRC 1340 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 3 years.

Geofrey Shakwira & 17 others v Nanchang Foreign Engineering Company Limited [2016] KEELRC 1425 (KLR)

✦ The application for review is dismissed, and the suit judgment is upheld.

Francis Kanja Muchina v County Government of Nyandarua [2016] KEELRC 637 (KLR)

✦ The Claimant’s employment was unfairly terminated due to constructive dismissal and the Court awards compensation of Kshs 1,350,000.

Union of National Research and Allied Institutes Staff of Kenya (UNRISK) v Kenya Union of Commercial Food and Allied Workers (KUCFAW) [2016] KEELRC 1400 (KLR)

✦ The Court dismisses the Claimant's claim in totality and orders them to follow proper channels including resettlement, recognition etc before proceeding further.

Gladys Muthoni Mwangi & 20 others v Barclays Bank Of Kenya Limited & another [2016] KEELRC 1186 (KLR)

✦ The Petitioners' application for interim orders is allowed, and the court orders the respondents to refrain from certain actions pending the hearing of the Petition.

Jacob Temba Okalo v Vishak Builders Ltd [2016] KEELRC 1292 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 3 years.

Govinda & Sons (K) Limited v Lucky Ouma Okong’o [2016] KEELRC 735 (KLR)

✦ The application is dismissed and the decision of the lower court is upheld.

Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Board of Management St.Lucy’s School for the Blind [2016] KEELRC 918 (KLR)

✦ The claimant’s suit is dismissed with costs as the grievants were not members of the union at the time of termination and the claim is time-barred.

Godfrey Ouma Onyango v Avco Agencies Limited [2016] KEELRC 1659 (KLR)

✦ The Court finds the respondent non-suited against the claimant and states that a claim if any lies against Mr. Lumati.

Hexmead Investments Ltd v Mcdonald Mariga & 2 others [2016] KEELRC 170 (KLR)

Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v Board of Management, Makindu High School [2016] KEELRC 935 (KLR)

✦ The application is dismissed as the claimant has failed to make out a case for expansion of time