Kenyan case law

Raphael Muritu Kungu v Management Board of Pcea Kariobangi t/a Dayspring Junior School [2019] KEELRC 2521 (KLR)

✦ Claimant is awarded Kshs 255,428 for leave, leave allowance, and overtime pay.

Andrew Wafula Amutalla v Kenyatta University [2019] KEELRC 2439 (KLR)

✦ The claim is found without merit and is hereby dismissed with costs.

Moses Thuo Mwithiga v Airkenya Express Limited [2019] KEELRC 2430 (KLR)

✦ The court finds the claimant's claim is without merit and disallows it with no orders as to costs.

Deepesh Subhaschandra Modi v Pan Africa Express Transport Ltd (Licensee of the Federal Express Corp) [2019] KEELRC 2524 (KLR)

✦ The application to expunge the confidential reports is dismissed. The reports form an integral part of the dispute and should not be expunged from the record.

Charles Kyale Mbuvi v Race Guards Limited [2019] KEELRC 2469 (KLR)

✦ Termination of claimant's employment was unfair, and he is awarded unpaid salary, notice pay, and compensation for unfair termination.

Joseph Mwangi Gioche v Gatamaiyu Dairy Farmer’s Cooperative Society Limited [2019] KEELRC 2450 (KLR)

✦ The court found the dismissal to be unfair and procedurally incorrect.

Kudheihia Workers v Machakos Technical School for the Blind [2019] KEELRC 2404 (KLR)

✦ The court finds valid grounds for terminating the grievant's services but awards him two months' salary as compensation for procedural lapses.

Emmanuel Odhiambo Oyugi v African Institute for Health and Development [2019] KEELRC 2420 (KLR)

✦ Justifiable reasons for terminating the claimant's services and satisfactory procedure followed.

Jonathan Abraham Kipkirui Chelule v National Police Service Commission & 2 others [2019] KEELRC 2271 (KLR)

✦ The petition is found without merits and is hereby dismissed with no order as to costs

Peter Barasa Wepukhulu v Nodor (K) EPZ Limited [2019] KEELRC 2496 (KLR)

✦ The termination of the Claimant's employment was unfair due to procedural unfairness.

Edward Owiti v Salama Hotel [2019] KEELRC 2415 (KLR)

✦ The court allows the application to lift the attachment of goods and property, finding the objector distinct from the judgment debtor.

Julius Kiema Kenga v Barclays Bank of Kenya Limited & another [2019] KEELRC 2518 (KLR)

✦ The application for stay of execution is declined, and the Claimant is at liberty to execute the decree.

Fredrick Simiyu Wanyonyi & 2 others v Nzoia Sugar Company Limited [2019] KEELRC 2475 (KLR)

✦ The court finds that the plaintiffs are owed terminal benefits and pensions, and the defendant is obliged to provide clearance for payment. The counterclaims are proved only to the extent of admissions made by the plaintiffs.

Paul Otieno Ogutu v Ndugu Transporters Limited [2019] KEELRC 2438 (KLR)

✦ The court finds the claimant was lawfully summarily dismissed and entitled to compensation and leave payments.

Kenya Chemical and Allied Workers Union v Spectre International Limited [2019] KEELRC 2448 (KLR)

✦ General Wage Increament is awarded to the employees at 8% for the first year and 8% for the second year making a total of 16%.

Benson Ndwiga Njue & 108 others v Central Glass Industries Limited [2019] KEELRC 2429 (KLR)

✦ The court ordered the payment of compensation to the claimants based on their years of service and the amount of their monthly salaries.

Amina Guyo Dalacha & 19 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 2413 (KLR)

Daniel Omondi Ogada & 6 others v County Assembly of Homabay & 2 others [2019] KEELRC 2446 (KLR)

✦ The court held that the conservatory orders should not be granted as the removal process was not initiated by a petition as required by Article 251(2) of the Constitution.

Kenya Power & Lighting Company Limited v Kassim Wekhoba Toloi & another [2019] KEELRC 2454 (KLR)

✦ The court finds that the 2nd Respondent, Kenya Power & Lighting Company, did not have a duty to provide information to the public about the danger of electricity and that the responsibility for the live wires being at the scene of the accident lay with the employer, Sino Hydro Corporation Limited.

Makal Loluka Solomon & 3 others v Speaker County Assembly of Baringo & another [2019] KEELRC 1835 (KLR)

✦ Court dismisses preliminary objections and finds jurisdiction over the petitioners' matters.

Peter Wangai v Egerton University [2019] KEELRC 1906 (KLR)

✦ The court finds the dismissal unlawful and orders reinstatement with benefits, general damages, and costs of the suit.

Jude Riziki Kariuki v Tharaka Nithi County Governmet & another [2019] KEELRC 2512 (KLR)

✦ The suit is dismissed but each party will bear their own costs.

Peter Muchira Karugumi v Kirinyaga County Government & another [2019] KEELRC 2537 (KLR)

✦ The amendment is permissible as it arises from the same facts as the cause of action in respect of which relief had been claimed.

Orwa James Ojwang’ v Co-operative Bank of Kenya Limited [2019] KEELRC 2440 (KLR)

✦ The summary dismissal is set aside, and a normal termination is substituted. The Claimant is awarded Kshs.497,199 in lieu of notice and other benefits.

Haron Muma Nyamache v Kisii County Government & another [2019] KEELRC 2436 (KLR)

✦ The court quashes the decision of the County Public Service Board and reinstates the petitioner in his position.