Kenyan case law
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Ndunda v Insight Management Consultant Limited (Cause 2371 of 2016) [2022] KEELRC 1203 (KLR) (2 June 2022) (Judgment)
✦ The claimant absconded duty and was not unfairly dismissed.
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Cheruiyot & 3 others v Sunrise(1976) Limited (Cause 391, 390, 389 & 388 of 2015 (Consolidated)) [2022] KEELRC 111 (KLR) (31 May 2022) (Judgment)
✦ The termination was unfair and unjustified.
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Kamande v Teachers Service Commission (Cause 1754 of 2016) [2022] KEELRC 1777 (KLR) (31 May 2022) (Judgment)
✦ The termination of the Claimant’s employment was procedurally unfair.
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Wamaitha v Lexis International Limited (Cause 458 of 2017) [2022] KEELRC 1480 (KLR) (31 May 2022) (Judgment)
✦ The claim is dismissed as it was filed outside the statutory three-year limitation period
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Njuguna & 3 others (Suing on their own behalf and on behalf of 63 other former employees of the Directorate of Civil Aviation, a department within the Ministry of Transport and Communications) v Attorney General & 2 others (Judicial Review Application 3 of 2015) [2022] KEELRC 12825 (KLR) (31 May 2022) (Ruling)
✦ The application is struck out with no order for costs.
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Marango v Kedong Ranch Limited (Petition E009 of 2020) [2022] KEELRC 1091 (KLR) (31 May 2022) (Judgment)
✦ The court found no clear constitutional breach by the Respondents on the rights of the Petitioners.
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Trasport Worker Union v Rift Petroleum Limited (Cause 415 of 2013) [2022] KEELRC 1206 (KLR) (31 May 2022) (Ruling)
✦ The court ordered the respondent to pay the claimant's members a total of KES 1,669,632 for the period of 13% general increment on wages.
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Abdullahi v City Oil (K) Limited (Cause 109 of 2016) [2022] KEELRC 1377 (KLR) (31 May 2022) (Judgment)
✦ The termination was unfair and unjustified under Section 45(2) of the Employment Act.
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Nyaga v Leaders Academy Limited (Cause 238 of 2016) [2022] KEELRC 1595 (KLR) (31 May 2022) (Judgment)
✦ The resignation letter terminated the contract of employment, and the Respondent failed to respond to the resignation, rendering the letter in efectual.
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Muganda v Waweru & another (Constitutional Petition E075 of 2022) [2022] KEELRC 1205 (KLR) (31 May 2022) (Ruling)
✦ The Court finds that the Applicant's interim orders are not merited and refuses to interfere with the ongoing disciplinary proceedings.
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Muthengi v Teachers Service Commission (Petition E071 of 2021) [2022] KEELRC 1202 (KLR) (31 May 2022) (Ruling)
✦ The Court dismissed the preliminary objection, finding that the Petitioner's cause of action did not arise outside the provided time limit.
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Moraa v County Government of Nakuru & another (Cause E006 of 2020) [2022] KEELRC 1626 (KLR) (31 May 2022) (Judgment)
✦ Claimant's salary was stopped on her effective day of early retirement due to illness and she is ordered to process her retirement benefits based on that period.
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Nyamai v Charleston Travel Limited (Cause 1727 of 2017) [2022] KEELRC 1630 (KLR) (30 May 2022) (Judgment)
✦ The termination of the Claimant's employment was not fair.
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Makokha v Prime Steel Mills Limited (Cause 999 of 2016) [2022] KEELRC 1622 (KLR) (27 May 2022) (Judgment)
✦ Termination was unfair and unlawful, and the Claimant is entitled to compensation and notice pay.
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Orori v Great Yaduo Industry Limited (Miscellaneous Application E232 of 2021) [2022] KEELRC 1631 (KLR) (27 May 2022) (Ruling)
✦ The Employment and Labour Relations Court has only an appellate jurisdiction and cannot enforce awards made by the Director of Work Injury.
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Thairu v Registered Trustees Fatima Mission Hospital (Cause 1708 of 2017) [2022] KEELRC 65 (KLR) (27 May 2022) (Judgment)
✦ The Court declared the termination unfair and ordered the Respondent to pay the Claimant Kshs. 221,375 in compensation for unfair termination and Kshs. 44,275 in notice compensation. The Court declined the prayer for punitive and aggravated damages.
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TIC v Telkom Kenya Limited (Cause 2200 of 2016) [2022] KEELRC 1175 (KLR) (27 May 2022) (Judgment)
✦ The claimant's termination was neither unfair nor unlawful, and the claim is dismissed in its entirety.
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Makomo v National Council, Young Men Christian Association, Kenya (Cause 1813 of 2016) [2022] KEELRC 1627 (KLR) (27 May 2022) (Judgment)
✦ The claimant is entitled to the unpaid salary for June 2016 and unpaid leave days. The claimant is not entitled to the acting allowance as gym manager and overtime pay.
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Muriuki v Skyline Services Limited (Cause 1476 of 2018) [2022] KEELRC 74 (KLR) (27 May 2022) (Ruling)
✦ Application dismissed for want of prosecution
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Nyang’ate v Platinum Outsourcing And Logistics{E.A.] Limited (Cause 303 of 2015) [2022] KEELRC 1641 (KLR) (27 May 2022) (Judgment)
✦ Termination was unfair due to procedure. Claimant is entitled to compensation for unfair termination.
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Mwagwaru v Doshi & Company (Hardwares) Limited & another (Cause 421 of 2016) [2022] KEELRC 1649 (KLR) (27 May 2022) (Judgment)
✦ The claimant's employment was terminated as a casual worker, and the claims for unfair termination and other relief are declined. The respondent is ordered to deliver the certificate of service within 30 days.
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Mwashegwa v Apm Terminals Limited (Cause 55 of 2018) [2022] KEELRC 1671 (KLR) (27 May 2022) (Judgment)
✦ The dismissal was not unfair, and the claimant is entitled to prorated January salary and a declaration that the dismissal was not unlawful.
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Ogolla v Kenya Institute for Public Policy Research and Analysis (Cause 2421 of 2016) [2022] KEELRC 1540 (KLR) (27 May 2022) (Ruling)
✦ The ex parte proceedings of January 19, 2022 are set aside, and the claim is to be heard afresh.
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Kenya Union of Domestic, Hotels, Education, Hospitals and Allied Workers (Kudheiha) v Nzwili (Cause 2197 of 2016) [2022] KEELRC 1166 (KLR) (27 May 2022) (Judgment)
✦ The claim is time-barred and the court lacks jurisdiction to proceed further.
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Kenya Medical Practitioners , Pharmacists and Dentists' Union (KMPDU) & 45 others v Kenya Medical Supplies Authority (KEMSA) & 10 others; Cabinet Secretary, Ministry of Labour and Social Protection & another (Interested Parties) (Petition E173, 174 & 187 of 2021 (Consolidated)) [2022] KEELRC 3868 (KLR) (27 May 2022) (Judgment)
✦ The Court declared the measures restricting court operations due to the COVID-19 pandemic and quashed the decision made by the Cabinet Secretary, Ministry of Health for the appointment of Captain (Retired) Lawrence Wahome; Robert Nyarango; Terry Kiunge Ramadhani; and Linton Nyaga to the Board of the Kenya Medical Supplies Authority.