Kenyan case law
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Kenya Shoe & Workers Union v Modern Soap Factory Ltd [2017] KEELRC 252 (KLR)
✦ The claimant lacks locus standi to bring this case against the respondent.
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Augustine Wamalwa & another v Oserian Development Co. Limited [2017] KEELRC 445 (KLR)
✦ The Court finds that the termination of the Claimant's contract was unfair and awards him compensation of Kshs 75,222.
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Peter Omonding Barasa v Sea Harvest [K] Ltd [2017] KEELRC 216 (KLR)
✦ The court dismissed the respondent's motion for stay of execution pending appeal as the claimant did not meet the threshold for granting stay and there was no valid appeal on record.
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Daniel Wamalwa v Chairman, Board of Governors RGC Oasis Medical Center & another [2017] KEELRC 436 (KLR)
✦ Termination was unfair due to lack of fair procedure
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Charo Konde & another v Jolaurabi Primary School [2017] KEELRC 267 (KLR)
✦ The termination was found to be unfair due to the lack of a fair hearing, but not wrongful.
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Maurice Otieno Owny v Mombasa Container Terminal Ltd & another [2017] KEELRC 255 (KLR)
✦ The application is dismissed with costs as it falls below the threshold for ordering review of the impugned judgment.
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Kenya Union of Commercial, Food and Allied Workers v Habib Ventures Limited [2017] KEELRC 373 (KLR)
✦ The claimant has failed to provide evidence and justify the award of reliefs as prayed for, and the respondent failed to appear, so the memorandum of claim is hereby dismissed with no orders as to costs.
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Patrick Kofia v Gogar Farm Ltd [2017] KEELRC 448 (KLR)
✦ The Court finds that the Appellant demonstrated breach of duty of care under the common law.
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Robert Gachuru Kimani v Mount Kenya Academy Foundation [2017] KEELRC 410 (KLR)
✦ The termination was unfair and the claimant is awarded Kshs. 510,000.00 in compensation for 6 months' gross pay at the time of termination.
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Benjamin Kipyegon Mutai & 8 others v Attorney General [2017] KEELRC 468 (KLR)
✦ The Petition is transferred to the High Court for hearing and determination.
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Omonya v Trnasmail International Limited (Cause 816 of 2017) [2017] KEELRC 224 (KLR) (17 November 2017) (Judgment)
✦ The claimant was not employed by the respondent at any time, including the date of the accident.
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Jane Jerotich Sirma v Postal Corporation of Kenya [2017] KEELRC 456 (KLR)
✦ The dismissal was procedurally unfair due to lack of compliance with internal disciplinary procedures.
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Baragwi Farmers Cooperative Society Limited v Banking, Insurance & Finance Union (Kenya) [2017] KEELRC 372 (KLR)
✦ The court finds the strike notice illegal, unwarranted, and amounts to bad industrial relations. The court orders the respondent to sign the collective bargaining agreement excluding the 8% automatic increment.
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Jackson Kabiru Kara v Gatarakwa Farmers Co-Op Society Limited [2017] KEELRC 396 (KLR)
✦ The termination of the contract of employment was unfair in substance and procedure. The court awards the claimant 12 months' pay for unlawful dismissal, one month's salary in lieu of notice, and unpaid leave for one year.
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Peter Koskei Kiploskei & 9 others v Attorney General [2017] KEELRC 473 (KLR)
✦ The Court orders that this Petition be transferred to the High Court sitting in Nakuru for hearing and determination
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Patricia Kiilu v Hwaock IM & another [2017] KEELRC 296 (KLR)
✦ The termination of the Claimant’s employment was substantively and procedurally unfair and she is entitled to compensation.
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Paul Wambugu Kamweru v Secure Home Services [2017] KEELRC 344 (KLR)
✦ Claimant awarded 12 months' salary in compensation and Kshs. 7,000 in lieu of notice.
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Alvin Masiemo John v Comply Industries Limited [2017] KEELRC 467 (KLR)
✦ The Court finds and holds that the termination of the Claimant’s contract of employment was unfair and awards him compensation, accrued leave, and pay in lieu of notice.
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Laban Muriithi Wamwea v Gyto Security Limited [2017] KEELRC 397 (KLR)
✦ The termination was unfair and the claimant is awarded compensation and costs.
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Julie Toripian Njeru v Kenya Tourist Board & S.T. Mugacha T/A Galaxy Auctioneers [2017] KEELRC 355 (KLR)
✦ The Applicant's attachment was lawful and he is entitled to costs, to be paid by the Respondent within 30 days from the date of this ruling.
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Dominic Murithi Nyaga v Bob Morgan Services Limited [2017] KEELRC 359 (KLR)
✦ The court finds the claimant constructively terminated and awards him compensation, half-month salary in lieu of annual leave, 12 months' salary, and a certificate of service.
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Pasilio Ireri & 20 others v Crown Beverages Limited [2017] KEELRC 340 (KLR)
✦ The application is struck out with no order for costs and the interim orders are vacated.
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Benard Ogolla Otieno v Comply Industries Limited [2017] KEELRC 474 (KLR)
✦ The termination of the Claimant’s contract was unfair and the Respondent is ordered to pay compensation, accrued leave, pay in lieu of notice, and underpayments.
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Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO) & another v Registrar of Trade Unions & another [2017] KEELRC 419 (KLR)
✦ The court found the Registrar's notice to be unlawful and dismissed the petition.
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Margaret Mumbi Mwago v Intrahealth International [2017] KEELRC 129 (KLR)
✦ The termination was not lawful and fair as the Respondent did not comply with the Employment Act's conditions for declaring redundancy.