Kenyan case law

Jackson Maundu Munyao v Rolmill Limited [2019] KEELRC 2507 (KLR)

✦ The Respondent shall bear the costs of the suit and interest shall accrue from the date of judgment.

Angelique Bennaars Libese v Barclays Bank of Kenya [2019] KEELRC 2536 (KLR)

✦ The court confirms the interlocutory injunction issued by Lady Justice Wasilwa on 11th October, 2017, pending the hearing and determination of the main claim.

Kudheihia Workers v Management of the Blessed Virgin Mary Loreto Sisters the East Africa Province [2019] KEELRC 2449 (KLR)

✦ The court reserved the final determination on the objection until the matter is fully heard on merit

Rodgers Atuulo Ambasu v Budget Payless Car Hire &Tours; Limited [2019] KEELRC 2491 (KLR)

✦ The termination was invalid both procedurally and substantively, and the Claimant is entitled to compensation for unfair termination.

Edward Ndombi Ukokhe v Attorney General & another [2019] KEELRC 2418 (KLR)

✦ The decision to retire the Claimant was unfair and unlawful. The Respondents are ordered to pay the Claimant notice pay and compensation for unfair termination.

Robert Mwaniki Ndaru & another v Kenya Breweries Limited [2019] KEELRC 2502 (KLR)

✦ The termination of the claimants' employment was unfair and unlawful, and they are entitled to compensation for breach of contract and wrongful termination of employment. They are not entitled to reinstatement, damages for mental stress and anguish, malicious prosecution, character assassination, or reimbursement of legal fees.

Peter Ndegwa Kimenju v Commandant, Law Enforcement Academy, Kenya Wildlife Service (KWS) & another [2019] KEELRC 2433 (KLR)

✦ The court finds that the applicant is entitled to the remedies sought and that the respondents are not non-suited.

Mugini Cephas Mang’era v National Concrete Company Limited [2019] KEELRC 2291 (KLR)

✦ The Claimant's dismissal was not unfair, and the Claimant's claim is dismissed with costs to the Respondent.

Erastus Rugendo Ngatuny v Kenya Pipeline Company Limited [2019] KEELRC 2447 (KLR)

✦ The claim is found to be statute barred and hereby struck with costs to the respondents.

Benson Owino Komollo & 2 others v TKM Maestro Limited [2019] KEELRC 2485 (KLR)

✦ The court finds that the contracts for the 2nd and 3rd claimants are genuine, but they were not unfairly terminated.

Bollore Africa Logistics Limited & another v Aviation and Airport Servicers Workers Union (K); Kenya Aviation Workers Union (Interested Parties) [2019] KEELRC 2503 (KLR)

✦ The recognition agreement and collective bargaining agreement between the claimants and the respondent are declared null and void. The claim is thus terminated.

John Wesonga Onono v Riley Services Limited [2019] KEELRC 2428 (KLR)

✦ The court finds that the Claimant is entitled to service gratuity and awards Kshs.24,000. He is not entitled to payment in lieu of notice, severance pay, salary arrears, overtime, or house rent. The claim for uniform refund is allowed.

Abubakar Ali Shee v Tourism Promotion Services (Kenya) Limited [2019] KEELRC 2282 (KLR)

✦ The court finds that the Claimant is entitled to the amount of Kshs.975,975.00/- terminal dues only based on the provision of the termination letter.

Michael Onyango v Steel Structures Limited [2019] KEELRC 2530 (KLR)

✦ The claim and counterclaim fail with the exception of the claimant's prayer for payment of 2 days' salary, which is awarded Kshs.2,000.

Joseph Omondi Owino v Epco Builders Company Limited [2019] KEELRC 2504 (KLR)

✦ The termination of employment was unfair and unlawful, and the Claimant is entitled to notice pay, leave, and compensation.

Christopher Amasava v Kenya Revenue Authority & Attorney Authority [2019] KEELRC 2480 (KLR)

✦ The court dismisses the preliminary objection on limitation but stays the petition for 60 days for the respondent to hear and determine the appeal.

Joshua Wambua Maweu v Next Investment Limited [2019] KEELRC 2479 (KLR)

✦ The court finds the termination unfair and orders the respondent to pay the claimant one month's salary in lieu of notice, leave days not taken, service pay, house allowance, and ten months' salary for unfair termination of service.

David Kimandi Ndubai v K-Rep Bank Limited [2019] KEELRC 2455 (KLR)

✦ The court finds the termination unfair and orders compensation of Kshs. 1,210,520 for the claimant.

Dickson Njiru Kivara v Attorney General [2019] KEELRC 2527 (KLR)

Caleb Bw’auma Manyaga v Kenya Pipeline Company Limited [2019] KEELRC 2460 (KLR)

✦ The court finds the claim without merit and dismisses it with costs.

Julius Arisi & 90 others v Research International East Africa Limited [2019] KEELRC 2367 (KLR)

✦ The plaintiffs were not permanent employees as defined by the repealed Employment Act (1976). The terminations were not wrongful and unlawful, and there was no breach of contract. The plaintiffs are not entitled to the reliefs sought.

Benson Makau v Ocean Sole Limited [2019] KEELRC 2484 (KLR)

✦ Claimant Benson Makau is awarded Kshs.224,416 in total, including one month's salary in lieu of notice, 12 days' salary in lieu of leave days not taken, underpayments for the years 2011 to 2013, and compensation for unlawful and unfair dismissal.

Ephantus Githui v Kenya Railways Staff Retirement Scheme [2019] KEELRC 2532 (KLR)

✦ The Court found the termination of the Claimant's employment to be unfair due to the lack of due process and the absence of reasons for termination.

Julia Wangechi Kariuki v Armed Forces Canteen Organization [2019] KEELRC 2540 (KLR)

✦ The application is dismissed with no order as to costs.

Joseph Kinuthia Mungora v East Africa Rail Handling Logistics Ltd & another [2019] KEELRC 2492 (KLR)

✦ The proclamation and attachment dated 13th August 2018 and the subsequent sale in respect of Motor Vehicle Registration Number KBV 072A are nullified and set aside