Kenyan case law
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Thuita v Mount Kenya University (Cause E6519 of 2020) [2022] KEELRC 1210 (KLR) (19 May 2022) (Ruling)
✦ The application is certified urgent and heard ex parte due to the Respondent's failure to serve the pleadings. The ex-parte judgment and decree delivered on 16th December, 2021 are set aside.
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Muli v Twiga Costruction Company Limited (Cause 633 of 2015) [2022] KEELRC 12707 (KLR) (19 May 2022) (Ruling)
✦ Application is dismissed
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Wells Fargo Limited v Dzuya (Appeal 25 of 2020) [2022] KEELRC 1424 (KLR) (19 May 2022) (Judgment)
✦ The appeal is hereby struck off with costs as it was not filed within the prescribed time limit.
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Esevwe & 57 others v University Of Nairobi (Cause 511 of 2016) [2022] KEELRC 4117 (KLR) (19 May 2022) (Judgment)
✦ The court finds the claimants' claims of unfair discrimination not well articulated and dismisses them. The court will consider the issue of salary structures and allowances in due course.
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Apiyo v J.K Kibicho & Company Advocates (Cause 517 of 2022) [2022] KEELRC 1651 (KLR) (19 May 2022) (Judgment)
✦ The termination of the claimant’s employment was unlawful and wrongful.
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Kenya Plantation & Allied Workers Union v Unilever Tea (K) Limited (Cause 10 of 2014) [2022] KEELRC 1381 (KLR) (19 May 2022) (Ruling)
✦ The court found the execution to be unlawful due to the lack of a notice to show cause and granted the stay pending the appeal.
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Ogada v Mitehcell Cotss Freight [K] Limited (Cause 12 of 2017) [2022] KEELRC 1127 (KLR) (19 May 2022) (Ruling)
✦ The suit is a nullity and is hereby struck down with no orders as to costs.
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Wanjala v Permanent Secretary, Ministry of Medical Services & 4 others (Petition 15 of 2012) [2022] KEELRC 4072 (KLR) (19 May 2022) (Ruling)
✦ The court's order of dismissal for want of prosecution is set aside, and the suit is not dismissed
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Okoiti v The Tourism Fund Board Of Trustees & 11 others (Petition E124 of 2021) [2022] KEELRC 4025 (KLR) (19 May 2022) (Ruling)
✦ The court holds that the petitioner has special standing to bring the petition and that the recruitment of the CEO and Corporation Secretary positions falls under employment and labour relations, thus within the jurisdiction of the ELRC.
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Wasike v Nzoia Sugar Company Limited (Cause 90 of 2017) [2022] KEELRC 61 (KLR) (19 May 2022) (Judgment)
✦ The court found the termination to be fair and upheld the Respondent's disciplinary proceedings.
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Karisa v Texas Alarms [K] Ltd (Cause 292 of 2018) [2022] KEELRC 78 (KLR) (19 May 2022) (Judgment)
✦ The court finds in favor of the Claimant, awarding compensation for unfair termination, salary in lieu of notice, unpaid housing allowance, and a certificate of service.
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Yatch v Kenya Commercial Bank (Cause 1882 of 2015) [2022] KEELRC 1706 (KLR) (19 May 2022) (Judgment)
✦ The suit is dismissed as the claimant failed to prove the termination was wrongful and unfair.
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Ombima v Judicial Service Commission (Petition E140 of 2021) [2022] KEELRC 1702 (KLR) (19 May 2022) (Judgment)
✦ The court found that the respondent did not violate the Employment Act, 2007, and that the petitioner was not entitled to the reliefs sought.
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Karani v Attorney General (Cause 2228 of 2016) [2022] KEELRC 1718 (KLR) (19 May 2022) (Ruling)
✦ Court has jurisdiction to resolve the dispute over pension interpretation
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Kimeu v Excel Chemicals Limited (Cause 1589 of 2016) [2022] KEELRC 1694 (KLR) (19 May 2022) (Judgment)
✦ The termination was procedurally unfair as the Respondent failed to provide the Claimant with a valid reason for termination and an opportunity to be heard.
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Onsongo v A. Jiwa Shanji Limited (Cause 29 of 2019) [2022] KEELRC 1727 (KLR) (19 May 2022) (Ruling)
✦ The application is dismissed as it lacks merit due to the claimant's failure to demonstrate sufficient cause for not attending court.
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Wambua v Kenol Kobil Limited (Cause 2331 of 2017) [2022] KEELRC 1729 (KLR) (19 May 2022) (Judgment)
✦ The claimant's dismissal was not lawful and fair.
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Kassilly v Turkana University College & 2 others (Employment and Labour Relations Claim E011 of 2021) [2022] KEELRC 1698 (KLR) (19 May 2022) (Judgment)
✦ The Court orders the reinstatement of the Claimant and payment of back pay, along with damages and gratuity.
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Chianda v Judicial Service Commission & another (Petition 49 of 2020) [2022] KEELRC 1297 (KLR) (19 May 2022) (Judgment)
✦ The dismissal was unlawful and the process was a nullity due to lack of jurisdiction and violation of constitutional rights.
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Lekwa v Kotecha Wholesalers Ltd (Cause 544 of 2016) [2022] KEELRC 1477 (KLR) (19 May 2022) (Judgment)
✦ Employment was terminated by Respondent on March 31, 2016, and termination was not unfair.
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Mwania v Governor, Nakuru County & another (Petition E008 of 2020) [2022] KEELRC 1703 (KLR) (19 May 2022) (Ruling)
✦ The Court finds the Petitioner's request for review warranted and corrects the judgment to reflect the sum of Kshs.9,712,500 and the grand total to Kshs.18,335,895.
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Gongera v Co-operative University of Kenya (Cause E848 of 2021) [2022] KEELRC 1411 (KLR) (19 May 2022) (Ruling)
✦ The Court directs that the application dated 8th October, 2021 be heard interpartes on a date to be granted by the Court.
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Kioko v Impel Tours and Safaris Limited (Cause 1198 of 2017) [2022] KEELRC 1125 (KLR) (19 May 2022) (Judgment)
✦ Claimant is entitled to payment for unpaid leave days and National Social Security Fund dues, but the claim for underpayment and service pay is dismissed.
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Mulanda v Butali Sugar Mills Limited (Cause 38 of 2021) [2022] KEELRC 92 (KLR) (19 May 2022) (Judgment)
✦ The court found that the termination of employment was lawful and fair, and the claimant is not entitled to the reliefs sought.
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Nyawa v Njuca Consolidated Company Limited (Cause 399 of 2018) [2022] KEELRC 1139 (KLR) (19 May 2022) (Ruling)
✦ The Claimant's application is allowed, and the suit is reinstated.