Kenyan case law
-
Mohammed v Quite Bright Films Limited (Cause 243 of 2017) [2022] KEELRC 12704 (KLR) (19 May 2022) (Judgment)
✦ The termination was unfair and the employer failed to provide a valid reason. The court awarded severance pay, notice pay, and compensation for unfair termination.
-
Ogechi v Kaskazi Beach Hotel (Cause 12 of 2020) [2022] KEELRC 1661 (KLR) (19 May 2022) (Judgment)
✦ The Court finds the termination of the Claimant's employment unfair and wrongful, and awards compensation for six months' salary, salary arrears, two months' salary in lieu of notice, and house allowance.
-
Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v Kisii University Council (Cause E013 of 2020) [2022] KEELRC 1696 (KLR) (19 May 2022) (Ruling)
✦ The Court allows the application for stay of sentencing of the contemnor pending the determination of the Appeal.
-
Tome & another v Bungoma County Assembly Service Board (CASB) & 9 others; Ethics and Anti-Corruption Commission (Interested Party) (Employment and Labour Relations Petition E007 of 2021) [2022] KEELRC 1337 (KLR) (18 May 2022) (Ruling)
✦ The court allowed the application to expedite the disposal of the Notice of Motion and ordered the amended undated Notice of Motion to be heard first.
-
Peter & 2 others v Crown Industries Limited (Cause 887 of 2015) [2022] KEELRC 1465 (KLR) (18 May 2022) (Judgment)
✦ The termination was procedurally fair and on account of gross misconduct.
-
Ochiel v Ampathplus (Employment and Labour Relations Claim 40 of 2018) [2022] KEELRC 1691 (KLR) (18 May 2022) (Judgment)
✦ The court determines that AMPATH Plus is capable of being sued as the employer by the Claimant and dismisses the Notice of Preliminary Objection. The court also finds that the reason for termination was valid and the procedure was fair.
-
Ojuok v Kenya Power & Lighting Co. Ltd (Cause 63 of 2018) [2022] KEELRC 1396 (KLR) (18 May 2022) (Judgment)
✦ The Court finds the termination of the Claimant's employment was for valid and fair reasons and dismisses the case without merit.
-
Wachira v Gusii Water & Sanitation Co Ltd & 7 others (Petition E002 of 2022) [2022] KEELRC 1541 (KLR) (18 May 2022) (Judgment)
✦ The advertisement of the petitioner's job was null and void, and the decision to advertise was capricious.
-
Mukinda & another v Arrow Africa (Cause 236 of 2018) [2022] KEELRC 1131 (KLR) (18 May 2022) (Judgment)
✦ The Court finds that the Claimants were employees of the Respondent and that they were constructively dismissed.
-
Ojuok v Kenya Power & Lighting Co (Cause 63 of 2018) [2022] KEELRC 1629 (KLR) (18 May 2022) (Judgment)
✦ The court finds the termination of the claimant's employment was for valid and fair reasons and dismisses the claimant's case without merit.
-
Otieno v Kisumu Concrete Products Ltd (Cause 208 of 2017) [2022] KEELRC 1704 (KLR) (18 May 2022) (Judgment)
✦ The court finds that the respondent unfairly terminated the claimant's contract and awards compensation and pay in lieu of notice.
-
Kenya Medical Practitioners, Pharmacists and Dentists Union v County Government of Nyamira (Petition 35 of 2020) [2022] KEELRC 1143 (KLR) (18 May 2022) (Ruling)
✦ Union has not satisfied the threshold of showing contempt.
-
Pascal Otieno v JRS Group Limited (Cause 199 of 2018) [2022] KEELRC 1737 (KLR) (18 May 2022) (Judgment)
✦ The court finds that the respondent's Assistant Manager unfairly terminated the claimant's employment.
-
Ojuok v Population Services Kenya (Cause 3 of 2019) [2022] KEELRC 1211 (KLR) (18 May 2022) (Ruling)
✦ The court granted a stay of execution of the judgment pending the appeal, but denied the application for a temporary stay of execution.
-
Ngui v Termi-Lever Services Limited (Cause 2108 of 2017) [2022] KEELRC 1657 (KLR) (17 May 2022) (Ruling)
✦ The notice to show cause is vacated and the suit is slated for pretrial before the Deputy Registrar on 31st May 2022 for further directions on disposal.
-
Arasa & another v Benori Agencies and Services Limited. (Cause 242 of 2017) [2022] KEELRC 116 (KLR) (17 May 2022) (Judgment)
✦ The court finds that the claimants transitioned from casual to permanent employment terms by virtue of the provisions of Section 37 of the Employment Act, 2007.
-
Sum v Agriculture and Food Authority (Cause E019 of 2021) [2022] KEELRC 1413 (KLR) (17 May 2022) (Judgment)
✦ Claimant is entitled to 7 months' salary as ex-gratia payment
-
Mayieka & 8 others v Royal Group Industries(K) Limited (Employment and Labour Relations Claim 120 of 2018) [2022] KEELRC 1730 (KLR) (17 May 2022) (Judgment)
✦ The Court found the termination to be unlawful and unfair, and ordered the Respondent to pay the Claimants compensation and other benefits as detailed in the judgment.
-
Momanyi v Menengai Oil Refineries Limited (Cause 254 of 2017) [2022] KEELRC 1701 (KLR) (17 May 2022) (Judgment)
✦ Claimant was underpaid and constructively dismissed, awarded Kshs 169,394 and costs.
-
Gasaya v Azu’s Leather Limited (Cause 1874 of 2015) [2022] KEELRC 1733 (KLR) (16 May 2022) (Judgment)
✦ The dismissal was unfair both procedurally and substantively.
-
Omudeck v Oshwal Education and Relief Board (Cause 1958 of 2017) [2022] KEELRC 1415 (KLR) (16 May 2022) (Judgment)
✦ The Court held that the Claimant was unlawfully terminated from employment and that the Respondent was entitled to terminate his employment during probation.
-
Mutinda v Graphic Lineups Limited (Cause 735 of 2016) [2022] KEELRC 1336 (KLR) (16 May 2022) (Judgment)
✦ The Court finds the Claimant was employed by the Respondent in May 2011. The termination of the Claimant’s employment was not unfair.
-
Murigu & another v Nairobi City County Government & 4 others (Petition E007 of 2021) [2022] KEELRC 1178 (KLR) (16 May 2022) (Judgment)
✦ The court is satisfied that the appointed members were lawfully and properly appointed and held the office as at the time of filing the suit.
-
Walwanda v Radar Security Limited (Cause 263 of 2018) [2022] KEELRC 1217 (KLR) (13 May 2022) (Judgment)
✦ The Court finds that the dismissal was not unfair and was protected under the contract of service clause 8.3, which exempts certain contracts of service from the requirement to serve a termination notice.
-
Munderu & 6 others v Panyako, the General Secretary, Kenya National Union of Nurses & 2 others (Cause E681 of 2020) [2022] KEELRC 1417 (KLR) (13 May 2022) (Judgment)
✦ The Court finds that the suit is not sub judice and that the amended claim is not in breach of Section 30 of the Labour Relations Act. The 2nd Respondent complied with the procedure for amendment of the constitution. The proposed changes to the constitution are not unlawful and/or unconstitutional.