Kenyan case law

Standard Limited v Moses Anemba [2016] KEELRC 1390 (KLR)

✦ The court dismissed the appeal as there was inordinate delay in filing the application.

Eunice Adhiambo Okumu v Pharmakem Limited [2016] KEELRC 1637 (KLR)

✦ Termination was unfair and the Respondent is ordered to pay the Claimant 6 months' salary in compensation at Kshs. 474,168 and terminal dues.

Gordon Ogola v County Assembly of Migori [2016] KEELRC 793 (KLR)

✦ Application dismissed as the Petitioner has not established a prima facie case and will not suffer irreparable loss.

Walter Makokhaweta & 14 others v Kenya Suitcas Manufacturers Limited [2016] KEELRC 705 (KLR)

✦ The claimants' employment contracts were not terminated unfairly, and the claims for unfair termination, redundancy pay, and refund of unremitted NSSF contributions are dismissed.

Stephen Kinyua Njiru v Embu County Government & 2 others [2016] KEELRC 854 (KLR)

✦ The court finds that the 2nd respondent acted outside the provisions of the County Governments Act, 2012 and that the court lacks jurisdiction to hear the petition. The petitioner's application is partially allowed with a temporary prohibitory injunction issued.

Stephen Kemei Kiptum, Emmanuel Kenga Karisa & Peter Mwau Muinde v National Police Service Commission [2016] KEELRC 1506 (KLR)

✦ The court confirms the conservatory orders and grants the Petitioners' request for provision of certain documents, except for the verbatim record of the deliberations by the Commission.

Mwaniki Johnson Mwendwa v Textplast Industries Limited [2016] KEELRC 1774 (KLR)

✦ The Court finds the Claimant was dismissed unfairly and unjustified, and awards damages and salary in lieu of notice.

Hussein Roba Boru v County Government of Isiolo & 3 others [2016] KEELRC 258 (KLR)

✦ The court declares the suspension unlawful and illegal, orders Boru to resume duty, and issues a permanent injunction against the respondents.

Rajab Wakoli v Abson Motors Limited [2016] KEELRC 568 (KLR)

✦ The Claimant was not on duty at the time of the accident and the dismissal was lawful.

Paul Muthee Munuhe v Executive Secretary, Seventh Day Adventist Church C.K.C & 3 others [2016] KEELRC 649 (KLR)

✦ The plaintiff's suit is hereby dismissed with no orders on costs.

Kudheiha Workers v Board of Management, Unyaa Primary School [2016] KEELRC 480 (KLR)

✦ The court dismissed the claimant's suit as the grievant was not a member of the claimant union at the time of the alleged termination.

Julius Gicheru Njoroge v Sky Shephard Security Ltd [2016] KEELRC 852 (KLR)

✦ The court awards the claimant Kshs.541,262.00 and costs of the suit.

Pamela Achieng Onyoo v Surgipham Limited [2016] KEELRC 1369 (KLR)

✦ The dismissal was unfair and the salary deductions were unlawful.

John Kaboro Njine v Maguna-Andu Wholesalers (K) Limited [2016] KEELRC 1117 (KLR)

✦ Claimant is entitled to 12 months' gross salaries for unfair termination, underpayment of house allowance and salary, and costs.

Simon Kipkorir Ketter v A.C.K Christian Intermediate Technology Centre & another [2016] KEELRC 738 (KLR)

✦ The retirement was not unlawful or unfair, and the Claimant is not entitled to notice, gratuity, pension, severance pay, or general damages.

Gideon Bore & 32 others v Baringo County Public Service Board & 3 others [2016] KEELRC 878 (KLR)

✦ The Court finds merit in the Petition and issues declarations/orders that the Petitioners are entitled to be absorbed by the 1st Respondent in its regular establishment on permanent and pensionable basis.

Godfrey Mugo v Board of Management, Kambaa Tech. Secondary School & another [2016] KEELRC 874 (KLR)

✦ The dismissal was procedurally fair but substantively unfair, and the Claimant is entitled to balance of pay in lieu of notice and compensation.

Ibrahim Momanyi Okeri v Kenya Forestry Research Institute [2016] KEELRC 1329 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 5 years.

Simon Makau Mutuku v Coconut Limited [2016] KEELRC 565 (KLR)

✦ The Court found in favor of the Claimant, ordering the Respondent to pay various amounts including salary in lieu of notice, redundancy, leave balance, severance pay, house allowance, and compensation for unfair termination.

Joseph Odero v Marcus Opande Obondo & another [2016] KEELRC 105 (KLR)

Gideon Muteti Njau v Sameer Agriculture and Livestock Kenya Limited [2016] KEELRC 555 (KLR)

✦ Termination was unfair, and the Respondent is ordered to pay compensation for unfair termination, 1 month salary in lieu of notice, and salary for 11 days worked in June 2014.

Gilbert Kipkorir v Super Expo Limited [2016] KEELRC 1113 (KLR)

✦ The termination of employment was not wrongful, unfair or unlawful.

Mrema Mahupa Dalu v Kali Security (M) Ltd [2016] KEELRC 1339 (KLR)

✦ The Court dismisses the cause for non-attendance and non-prosecution as no steps have been taken for over 5 years.

Stephen Barasa Wandera v Watchdog Limited [2016] KEELRC 1152 (KLR)

✦ Dismissal was unfair due to lack of opportunity for the claimant to respond to the accusations against him

Nemrod Nyangweso Ratemo & another v Kel Chemicals Limited & another [2016] KEELRC 1406 (KLR)

✦ The court finds that the claimants were unlawfully terminated and awards them compensation and other remedies.