Kenyan case law
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Oludhe v Kenya Wildlife Service (Cause 56 of 2020) [2022] KEELRC 40 (KLR) (25 May 2022) (Judgment)
✦ The Court dismisses the claim with no order on costs.
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Obiero v Metal Crowns Limited (Petition 53 of 2019) [2022] KEELRC 1685 (KLR) (25 May 2022) (Ruling)
✦ Petitioner's preliminary objection is without merit and the petition is not struck out
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Marigo v Permanent Secretary, Ministry of Interior & Coordination Of National Government & 2 others (Cause 94 of 2015) [2022] KEELRC 1640 (KLR) (25 May 2022) (Judgment)
✦ The court finds no merit in the cause and declines to grant any of the reliefs sought by the claimant.
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Mariera v Pramukh Cash & Carry Ltd (Cause 65 of 2018) [2022] KEELRC 3974 (KLR) (25 May 2022) (Judgment)
✦ The Court dismissed the claim with costs, finding no merit in the cause.
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Ongoya v Shivling Supermarket Ltd (Cause 172 of 2018) [2022] KEELRC 72 (KLR) (25 May 2022) (Judgment)
✦ The Court finds that the Claimant failed to prove he was an employee of the Respondent, and therefore the question of unfair termination of employment or breach of contract cannot be sustained.
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Kamau v Kiambu Golf Club (Cause 2185 of 2017) [2022] KEELRC 1689 (KLR) (25 May 2022) (Judgment)
✦ The dismissal was not fair and the claimant is entitled to the reliefs sought.
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Ondieki v Works Development Agency & 5 others (Employment and Labour Relations Petition E014 of 2021) [2022] KEELRC 1637 (KLR) (24 May 2022) (Ruling)
✦ Allow the application to file a further replying affidavit and introduce new evidence
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Universities Academic Staff Union, Egerton University Charter v Egerton University & 2 others (Petition E023 of 2021) [2022] KEELRC 1162 (KLR) (24 May 2022) (Judgment)
✦ The court finds the petition partially successful, ordering each party to bear their own costs.
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Akuja v Turkana University College Council (Cause E002 of 2021) [2022] KEELRC 1623 (KLR) (24 May 2022) (Judgment)
✦ The claimant is not entitled to reinstatement but is entitled to compensation equivalent to 12 months salary and 1 month salary in lieu of notice.
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Were v Marshalls (E.A ) Limited (Cause 1522 of 2016) [2022] KEELRC 1647 (KLR) (24 May 2022) (Judgment)
✦ The Court finds the Claimant was a member of the Respondent's pension fund operated by ICEA Limited and the Respondent deducted monies from his salary for purposes of pension but did not remit the same to the pension fund. The Respondent did not contribute its pension to the pension fund.
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Kilavu v Karta Singh Drupar and Company Limited (Cause 1234 of 2016) [2022] KEELRC 1438 (KLR) (23 May 2022) (Judgment)
✦ The court finds that Kilavu was employed by the respondent sometime in 2008, not in 2003 as he claims. The court also finds that the termination was not unfair or a redundancy, as the respondent did not comply with the statutory requirements for redundancy.
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Ouma v Astrazeneca Pharmaceuticals Limited (Cause 429 of 2017) [2022] KEELRC 1596 (KLR) (23 May 2022) (Judgment)
✦ The court held that the summary dismissal was procedurally and substantively unfair.
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Barasa v Teachers Service Commission (Judicial Review 5 of 2019) [2022] KEELRC 1749 (KLR) (20 May 2022) (Ruling)
✦ The Court directs the parties to adduce oral evidence and exchange relevant witness statements for the hearing of the Judicial Review application.
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Moi Teaching and Referral Hospital Board v Jelagat & another (Appeal E013 of 2021) [2022] KEELRC 1750 (KLR) (20 May 2022) (Ruling)
✦ The court grants an unconditional stay of execution of the judgment of Chief Magistrate’s Court E&LRC No 53 of 2020 pending the hearing and determination of the appeal
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Capital D Elegance Ltd v Masinde (Employment and Labour Relations Appeal E011 of 2021) [2022] KEELRC 1676 (KLR) (20 May 2022) (Ruling)
✦ The application is allowed, with costs as ordered
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Mutai v Okwara t/a Coporate Media Communications Ltd and the Noble Conference Center Ltd & 2 others (Cause 242 of 2018) [2022] KEELRC 1754 (KLR) (20 May 2022) (Judgment)
✦ The court finds that the claimant was wrongfully dismissed and awards him compensation for salary arrears, notice pay, and costs.
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Cheboron v Kenya Power & Lighting Co. Ltd (Cause E004 of 2021) [2022] KEELRC 1619 (KLR) (20 May 2022) (Judgment)
✦ The court declared the termination unfair and unlawful and awarded the Claimant compensation for wrongful termination.
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Kikwai Jona t/a Mwakip Kirwa Co Advocates v Rural Development Solutions Ltd (Miscellaneous Case E012 of 2021) [2022] KEELRC 1755 (KLR) (20 May 2022) (Ruling)
✦ Judgment entered in favor of the applicant against the respondents jointly and severally for the sum of Ksh.359,058/- with interest at 14% per annum from July 17, 2021 until payment in full.
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Tonui v Tinderet Tea Estate (Cause 231 of 2018) [2022] KEELRC 1748 (KLR) (20 May 2022) (Judgment)
✦ The claimant is entitled to two months' salary as compensation
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Kenya Union of Service Employers v Kamongo Waste Paper (K) Limited & another (Cause E298 of 2021) [2022] KEELRC 1664 (KLR) (19 May 2022) (Ruling)
✦ The court declines to make orders compelling the 1st respondent to deduct and pay union dues due to lack of an executed collective bargaining agreement.
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Maina v Lynk Jobs Limited & another (Cause E091 of 2022) [2022] KEELRC 1697 (KLR) (19 May 2022) (Ruling)
✦ The claim is dismissed as the Claimant has no cause of action against the 2nd Respondent and the application is incompetent.
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Kasisi & 9 others ([Suing in a representative capacity in respect of 257 employees of Kenya Broadcasting Corporation]) v Kenya Broadcasting Corporation (Cause 845 of 2017) [2022] KEELRC 4060 (KLR) (19 May 2022) (Ruling)
✦ Execution against the property of the respondent is stayed, and the respondent is required to attend court and furnish modalities of payment within 14 days.
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Security Seven Limited v Okuku (Miscellaneous Civil Application E157 of 2021) [2022] KEELRC 1311 (KLR) (19 May 2022) (Ruling)
✦ The application is declined with costs in the appeal.
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Amira v Milbabrands Associates Limited (Cause 212 of 2015) [2022] KEELRC 1374 (KLR) (19 May 2022) (Judgment)
✦ Judgment in favor of the claimant for a sum of Kshs 672,497.33, with a counterclaim of Kshs 94,838.70 against the claimant, and a total amount due and owing to the claimant of Kshs 577,658.60.
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Kudheiha Workers’ Union v Board of Management Nairobi School (Cause E6472 of 2020) [2022] KEELRC 13403 (KLR) (19 May 2022) (Ruling)
✦ The application is dismissed with costs as it is procedurally defective and an abuse of court process.