Kenyan case law

Faiza Mayabi v First Community Bank Limited [2019] KEELRC 2459 (KLR)

✦ The court finds the termination unfair and unjustified, and awards 12 months' salary as compensation for the unlawful redundancy and payment of pension dues.

Kenya Petroleum Workers Union v Engen Kenya Limited (Engen Nyali Service Station & another [2019] KEELRC 2494 (KLR)

✦ The Claimant's application is declined as the grounds do not relate to the prayers sought, and there is no proof of intimidation or victimization.

Mukoya Qassim Kupuoni v Teachers Service Commission [2019] KEELRC 2456 (KLR)

✦ Application for stay of execution of judgment is granted pending hearing and determination of the appeal

Peter Onyango Ochieng v Cement Centre Limited [2019] KEELRC 2519 (KLR)

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

Chrispus Lwambi Saha v T.S.S Transporters Ltd [2019] KEELRC 2437 (KLR)

✦ The Claimant is entitled to compensation for ten (10) months' salary due to the substantive and procedural unfairness of the termination.

Kipkebe Limited v Joseph Ondari Mosomi [2019] KEELRC 1916 (KLR)

✦ The appeal is dismissed in its entirety

Derick Mwambaji Munga v TSS Transporters Ltd [2019] KEELRC 2445 (KLR)

✦ The Claimant is entitled to compensation for unfair termination of employment and payment of terminal dues.

Doris Kairuthi Kaaria & 59 others v B.O.M Kahithe Secondary School & another [2019] KEELRC 2290 (KLR)

✦ Tax is payable on a decree

Said Kamanza Bati v Shiva Carriers Ltd [2019] KEELRC 2471 (KLR)

✦ The Court finds and holds that the Respondent indeed terminated the Claimant's employment without justifiable cause and in violation of due procedure.

Simon Bandari Chilumo v China Road And Bridge Corporation [2019] KEELRC 2470 (KLR)

✦ The termination of the Claimant’s employment was substantively and procedurally unfair and he is entitled to compensation.

Catherine Wanjiru v Board of Afya Yetu Initiative [2019] KEELRC 2513 (KLR)

✦ The dismissal was lawful, and the suit is dismissed with no order as to costs.

Daniel Jose Sitole v County Government of Laikipia & 3 others [2019] KEELRC 2525 (KLR)

✦ Dismissal was contrary to the terms and conditions of service and was unfair

Mary Njeri Gikonyo v Orient Sacco Society Limited [2019] KEELRC 2412 (KLR)

✦ The Court finds in favor of the Claimant, awarding unpaid house allowance for 3 years, one month in lieu of notice, 4 months compensation for unlawful and unfair termination, costs of the suit, and interest on the sums from the date of judgment till payment in full.

Samuel Wambugu Ndirangu v 2NK Sacco Society Limited [2019] KEELRC 2488 (KLR)

✦ The court dismisses the suit but with no order as to costs.

Barack Otieno Ombima v Farouk & 2 others [2019] KEELRC 2401 (KLR)

✦ The stay order is vacated and execution proceeds.

Samuel Wambugu Ndirangu v 2NK Sacco Society Limited [2019] KEELRC 2546 (KLR)

✦ The court dismissed the claimant's suit as there was insufficient evidence to establish an employer-employee relationship.

Wanyoro v Orient Sacco Society Limited (Cause 273 of 2017) [2019] KEELRC 2544 (KLR) (16 January 2019) (Judgment)

✦ The court finds in favor of the Claimant, awarding unpaid house allowance, one month in lieu of notice, and compensation for unlawful and unfair termination.

Lucy Nyambura Mbugua v The Avenue Group [2019] KEELRC 2260 (KLR)

✦ The dismissal was lawful and fair, and the Claimant is not entitled to the remedies sought.

Elizabeth Ayoo v Homa Bay County Assembly Service Board & another [2019] KEELRC 2393 (KLR)

✦ The conservatory orders granted exparte by Hon. Rika J. on 6th November, 2018 are confirmed pending the hearing and determination of the Petition.

Mathew Munyao v National Transport & Safety Authority [2019] KEELRC 2554 (KLR)

✦ The Court finds the termination unfair and grossly unfair, and orders reinstatement and financial compensation.

James Wathigo v Lesukut Limited [2019] KEELRC 356 (KLR)

✦ The court finds that the claimant was not employed by Lesukut Limited and dismisses the claim.

Silas Okome v Panesars Kenya Limited [2019] KEELRC 1652 (KLR)

✦ The judgment and decree are set aside, and the respondent is ordered to file and serve a statement of response by May 24, 2019.

Stephen Chase Kisaka v Commissioner for Co-operative Development & another [2019] KEELRC 44 (KLR)

✦ The Court declines to exercise its discretion to issue any of the judicial review orders sought by the applicant and dismisses the proceedings with no order as to costs.

Joel Kathunkumi v Republic [2019] KEELRC 2248 (KLR)

Sylvester Oduor Oyile v Primefuels (Kenya) Limted [2019] KEELRC 2104 (KLR)

✦ The application for review is allowed, and the orders given by Nduma J on April 17, 2018 are set aside. The suit is reinstated and parties are invited to take directions towards expeditious hearing and determination of the suit.