Kenyan case law

JOHN GACHAU GITONGA v MISS NDUTA MBILE [2012] KEELRC 126 (KLR)

✦ The court enters judgment for the claimant as prayed for in the statement of claim dated 6th January 2011.

JAMES MBOGO NJUGUNA V AMAZON MOTORS [2012] KEELRC 228 (KLR)

✦ The termination was unfair, and the claimant is entitled to one month's salary in lieu of notice, six months salary for unfair termination, and salary for eight days worked in February 2010.

FREDRICK NGARI MUCHIRA AND 99 OTHERS V PYRETHRUM BOARD OF KENYA [2012] KEELRC 165 (KLR)

✦ Temporary injunctions granted to prevent claimants from demanding their shares or visiting the premises regarding any issue pending before the court.

Henry Kakai & 10 others v Debendra Kamat T/A Swadish Foods [2012] KEELRC 277 (KLR)

✦ The Court ordered the respondent to deposit the sum of Kshs.4,151,674.80 as a security deposit for the claimants' terminal benefits and compensation.

HANNAH WANJIRU MIGICHI V ENERGY FOODS LTD [2012] KEELRC 93 (KLR)

✦ The court finds that the Respondent unlawfully and unfairly dismissed the claimant. The claimant is entitled to 1 month salary in lieu of notice, leave allowance for 3 years, house allowance, and NSSF deductions not submitted.

JOHN GACHAU GITONGA V NDUTA MBILE [2012] KEELRC 73 (KLR)

✦ The application for review is dismissed with costs.

HUDSON MUKHWANA V NATIONAL HOSPITAL INSURANCE FUND [2012] KEELRC 270 (KLR)

✦ The Court found that the retrenchment was wrongful and ordered the Respondent to pay severance pay.

Juliet W. Ngugi v Advertising Co. Ltd [2012] KEELRC 251 (KLR)

SIMON MUNGATA & OTHERS V PARBAT SIYAN CONSTRUCTION LTD [2012] KEELRC 185 (KLR)

Seth Panyako v Kenyatta National Hospital [2012] KEELRC 250 (KLR)

STEPHEN OUMA ONYULO v AGRO MANUFACTURING COMPANY [2012] KEELRC 121 (KLR)

✦ The dismissal was wrongful and the claimant is entitled to 1 month salary in lieu of notice and 6 months compensation for unlawful termination.

STANLEY MUNGAI MUCHAI V NATIONAL OIL CORPORATION OF KENYA [2012] KEELRC 38 (KLR)

✦ The preliminary objections are dismissed with costs.

TEACHERS SERVICE COMMISSION V KENYA NATIONAL UNION OF TEACHERS (KNUT) & ANOTHER [2012] KEELRC 166 (KLR)

✦ The Court declared the strike called by the Respondents unprotected and unlawful.

HELLEN AWINJA SAKALA V EAST AFRICAN GROWERS [2012] KEELRC 227 (KLR)

✦ Claimant's employment was deemed casual, terminable at the close of any day without notice, thus claimant's wrongful termination claim fails.

EVERLYN OKWARO V FULCHAND KESHAVJI SHAH BOOKSHOP LTD [2012] KEELRC 222 (KLR)

✦ The court finds that the claimant was wrongfully terminated without notice and awards her compensation including one month's salary in lieu of notice, 15 days' salary for each year of completed service, service pay for each year of completed service, and damages for unfair termination of employment.

JOAN INDOSIO BLASTO V GIL OIL COMPANY LIMITED [2012] KEELRC 234 (KLR)

✦ The court finds no merit in the preliminary objections and directs the case to proceed to full trial.

KENNEDY ONDERI v RILEY SERVICES LIMITED [2012] KEELRC 29 (KLR)

✦ Claimant's termination was procedural, and he is entitled to payment of leave days, miscalculated deductions, and uniform dues.

KANGARA WANYOIKE V TEACHERS SERVICE COMMISSION & ANOTHER [2012] KEELRC 23 (KLR)

✦ The Court finds the dismissal was based on reasonable grounds and will not grant the prayer for reinstatement.

KENYA LONG DISTANCE TRUCK DRIVERS AND ALLIED WORKERS UNION V A.Z. JUMA LIMITED [2012] KEELRC 217 (KLR)

GEOFFREY IRUNGU V KENYA UNION OF POST PRIMARY EDUCATION TEACHERS & ANOTHER [2012] KEELRC 40 (KLR)

✦ The court orders the officials of the Kiambu County branch of KUPPET to open an account and an audit to be conducted by the Registrar Trade Unions.

GICHUKI KABUKURU V POSTAL CORPRATION OF KENYA [2012] KEELRC 266 (KLR)

✦ The employment was unlawfully and unfairly terminated, and the dismissal was converted into a normal termination. The Claimant was ordered to be paid the difference in one month's notice pay and compensation equivalent to 12 months' salary for wrongful termination.

GRACE GACHERI MURIITHI V KENYA LITERATURE BUREAU [2012] KEELRC 135 (KLR)

✦ The court found that the Managing Director did not have the authority to terminate the claimant's employment and that the termination was unjust and unfair.

TIMOTHY MUTUNGA KATIKU v JAMLECK MWANGI [2012] KEELRC 119 (KLR)

✦ Claimant is awarded two months' gross salary of Ksh.60,000/= and the Respondent is ordered to pay Ksh.248,000/= plus interest and costs.

TIOKO EKADELI v STRAGOLLEN LTD [2012] KEELRC 188 (KLR)

✦ The dismissal was unfair and the claimant is entitled to maximum 12 months gross salaries, interest, and costs.

JAVAN WERE MBANGO V H. YOUNG & CO. (EA) LTD [2012] KEELRC 24 (KLR)

✦ The court awards severance pay, notice pay, leave days, and weekly rest days, but declines to make an order for public holidays worked. The loan balance is deducted from the total due.