Kenyan case law
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Peter Cheruiyot Seronei v Bahati Agro Processors Limited [2019] KEELRC 2007 (KLR)
✦ The court found in favor of the claimant, ordering the respondent to pay statutory dues and other compensation.
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Bernard Omondi Ochieng v Board of Management - Malunga Mixed Secondary School [2019] KEELRC 2476 (KLR)
✦ The court finds that the Claimant has proved the claim for payment of three months' salary and refund of NSSF dues.
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Peter Lorot Kodeke v Naivasha Water, Sewerage & Sanitation Co. Ltd [2019] KEELRC 2009 (KLR)
✦ The claims are dismissed with costs to the respondent.
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Dinah Buluma v Church of God East Africa & another [2019] KEELRC 2406 (KLR)
✦ The court finds that the termination was both substantively and procedurally unfair and awards compensation equivalent to ten (10) months' salary, one month's salary in lieu of notice, and arrears for August 2010.
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Charles Owino Awino v Mumias Sugar Company Limited [2019] KEELRC 2435 (KLR)
✦ The court awards the Claimant Kshs.1,438,545 in total, including arrears, leave benefits, and unpaid car and gas allowance. The claim for a declaration of unlawful dismissal is dismissed.
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Joyce Kathambi v B.O.M Mbwinjeru Primary School [2019] KEELRC 2528 (KLR)
✦ Claimant is awarded Kshs. 100,000 in retirement benefits
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Kenya Shipping Clearing and Freight Logistics and Valuers Union v Bollore Transport & Logistics (K) Ltd & 2 others [2019] KEELRC 2451 (KLR)
✦ The Court declines the applications by the Respondents to disembark from the proceedings, finding that allowing any of the Respondents to do so would give rise to a miscarriage of justice.
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Lisper Kathure Mukuru v Tharaka Nithi County Governmet & another [2019] KEELRC 2522 (KLR)
✦ The court finds the termination of the Claimant's employment to be unfair and orders reinstatement. The court also awards compensation for one month's salary in lieu of notice, two months' unpaid leave, and two months' salary under Section 49(1)(c) of the Employment Act.
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Elijah Kioko Kitavi v Allied Plumbers Limited [2019] KEELRC 2452 (KLR)
✦ The dismissal of the Claimant was unlawful and unjustified.
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Nahashon Abuya Zakaria v World Plastics Company Limited [2019] KEELRC 2468 (KLR)
✦ Application dismissed as unmerited
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Kenya Hotels and Allied Workers Union v Director Classic Hotel (Cause 196 of 2017) [2019] KEELRC 2614 (KLR) (22 January 2019) (Ruling)
✦ The suit is marked as closed having abated due to the Director's death and the suit being against an individual rather than a corporate entity.
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Patrick Koome Mutiga & 22 others v Meru County Government & another [2019] KEELRC 2258 (KLR)
✦ The suit is dismissed as the mandatory procedure under Section 77 of the County Governments Act should have been followed.
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Edwin Onyono & Sherwim Njoroge v Judicial Service Commission (Cause 1252 of 2018) [2019] KEELRC 2478 (KLR) (22 January 2019) (Ruling)
✦ The Court finds the Application merited and grants the Applicants' prayer 3.
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Royal Oilfield Logistics Services and Supplies Limited v Jothan Sahenya Wafula [2019] KEELRC 1891 (KLR)
✦ The appeal is dismissed without merit
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Michael Karanja v Noble Confernece Centre Limited [2019] KEELRC 1944 (KLR)
✦ The court finds for the claimant and orders the respondent to pay the claimant the following: Ksh.60,000 for February and March 2014 wages, Ksh.30,000 for notice pay, Ksh.18,000 for house allowance, Ksh.72,000 for unpaid annual leave, Ksh.4,000 for unremitted NSSF dues, and compensation.
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Catherine Mbuthu Bernard v Co-operative Bank of Kenya Limited [2019] KEELRC 2552 (KLR)
✦ The dismissal was procedurally fair but procedurally dismissed due to negligence in handling keys, thus not unlawful
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Morris Buri Marube v Societe Generale De Surveillance (SGS) (Kenya) Ltd [2019] KEELRC 2400 (KLR)
✦ Termination was unfair and unjustified
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Nelson Maina v Kenyatta University [2019] KEELRC 2510 (KLR)
✦ The Court denies Respondent's request to file a statement and avail a witness, closes the defence case, and orders parties to file submissions.
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Joel Ndungu Kingori v Noble Conference Centre Limited [2019] KEELRC 1918 (KLR)
✦ The court finds that the termination was unfair and awards compensation of Ksh.138,000, notice pay of Ksh.23,000, January 2014 pay of Ksh.21,084, house allowance of Ksh.121,350, and unpaid annual leave of Ksh.23,000.
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Norbert Marete Nguki & 2 others v Kenya Water Institute [2019] KEELRC 2545 (KLR)
✦ One month notice pay as follows: - Cause 412 of 2017 - Norbert Marete Nguku Kshs. 12,526/- - Cause 410 of 2017 – Joseph Kithisya Mbithi Kshs. 25,516/- - Cause 411 of 2017 – Nguli Mulatya Kshs. 15,678/-
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Anthony Nyaberi Moturi v Gilani’s Supermarket Limited [2019] KEELRC 1919 (KLR)
✦ The claims for payment for work during public holidays and leave days are found without merit. The claimant will be paid the leave days and unpaid wages at the shop floor.
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David Temba Ombima v Kenya Agriculture & Livestock Research Organisation [2019] KEELRC 1924 (KLR)
✦ The claimant's claims for underpayments, leave not taken, and alleged overtime are dismissed. The claimant is paid his terminal dues of KES110,249.80.
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Kenya Union of Commercial, Food and Allied Workers v Gilanis Supermarket Limited [2019] KEELRC 1907 (KLR)
✦ The claim is found without merit and dismissed. The summary dismissal is valid and justified.
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Anthony Alukhwili Maleche v G4s Kenya Limited [2019] KEELRC 2473 (KLR)
✦ The court finds that the claimant's contract with G4S Kenya Limited was not properly brought to an end and awards 3 months' salary in lieu of notice for unfair termination.
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Phyllis Wairimu Njihia v Amazing Tours and Travel Limited [2019] KEELRC 2508 (KLR)
✦ The termination was unfair both procedurally and substantively, and the claimant is entitled to one month's salary in lieu of notice, salary for September 2015, prorated leave, and compensation.