Kenyan case law

Joseph Kiprono Koech v County Government of Turkana & another [2014] KEELRC 1345 (KLR)

✦ The court finds that the 2nd respondent was not vested with the power or authority to suspend the claimant.

John Ongeri Ochoki v Kenya Kazi Services [2014] KEELRC 228 (KLR)

✦ Dismissal is reduced to a normal termination, and the Claimant is awarded one month's salary in lieu of notice and severance pay.

David Wanyonyi v Attorney General & 2 others [2014] KEELRC 1349 (KLR)

✦ Claimant is entitled to 17 days' unpaid wages, reinstatement at rank of Sergeant, and full pension benefits with interest.

Joseph Karanja v Central Tigers Limited [2014] KEELRC 1335 (KLR)

✦ The court finds the termination unfair and orders the respondent to pay the claimant Kshs.186, 780.00 in compensation.

Daniel Mbuthi v Express Automation Limited [2014] KEELRC 1346 (KLR)

✦ The termination was unfair due to lack of due process, and the Court awards the Claimant two months' salary in compensation and one month's salary in lieu of notice.

Julius Wafula Chebi v Gibon Akifuma & Egap Solutions Limited (Cause 1013 of 2013) [2014] KEELRC 1388 (KLR) (16 October 2014) (Ruling)

✦ The application is allowed, and the previous judgment is set aside. The Respondents are granted leave to recall and cross-examine the claimant, and are ordered to pay thrown away costs to the Claimant.

Daniel Wachira Ng’ang’a v Elsek and Elsek [K] Limited [2014] KEELRC 211 (KLR)

✦ The termination of the Claimant's contract of employment was unfair. The Claimant is granted 6 months' salary in compensation for unfair termination at Kshs. 118,968.

Joseck Onditi Ogaro v Security Group (Mombasa) Limited [2014] KEELRC 221 (KLR)

✦ The matter is marked as settled in terms proposed by the Claimant.

Abel Marcel Okoth Okello v Kenya Medical Research Institute (Kemri) [2014] KEELRC 1395 (KLR)

✦ The application for stay of execution pending appeal is granted.

Merita Akinyi Ombuor v County Government of Kisumu [2014] KEELRC 1373 (KLR)

✦ The court found that the applicant's employment was on a contractual basis for 5 years and that the County Public Service Board, not the County Secretary, had the authority to exercise disciplinary control over her.

Kenya Union of Commercial Food & Allied Workers v M/s Insta Products (EPZ) Limited [2014] KEELRC 208 (KLR)

✦ The Court awards 20% housing allowance, 15% wage increase for the first year and 15% for the second year, two months written notice for probationary employees, and a two-year effective date for the CBA.

Okoiti & another v Waiguru the Cabinet Secretary Devolution & Head of Public Service & 3 others (Petition 42 of 2014) [2014] KEELRC 231 (KLR) (15 October 2014) (Ruling)

Arthur Mutsune v Dodwell & Company (E.A) Limited & another [2014] KEELRC 147 (KLR)

✦ The Court found the termination of the Claimant’s employment to be unfair and ordered reinstatement and damages.

Peter Mbugua Kanoi & 5 others v Coffee Board of Kenya [2014] KEELRC 140 (KLR)

✦ The purported consent order dated 12th May 2014 is not an order of the Court and does not pre-empt the execution of the decree. The application for stay of execution is dismissed.

Kenya Union of Commercial Food & Allied Workers v Eldomatt Supermarket Limited [2014] KEELRC 1364 (KLR)

✦ The Respondent violated the law by failing to commence deduction of union subscriptions 30 days after receiving Form S. The Union achieved more than a simple majority representation of the Respondent's unionisable employees at the material time and was entitled to recognition by the Respondent.

Kepha Nyagechanga Onsongo v Moi Teaching & Referral Hospital [2014] KEELRC 1363 (KLR)

✦ The Court declines the invitation to enlarge or extend time or grant leave to commence legal proceedings out of time on the basis of lack of jurisdiction.

Abraham Mukunya v Mega Spin Limited [2014] KEELRC 193 (KLR)

✦ The dismissal was unfair as the Respondent failed to provide procedural fairness to the Claimant.

Anthony Muritu Njoroge v Commissioner Of Police & 2 others [2014] KEELRC 1360 (KLR)

✦ The Court finds and holds that the applicant does not require leave to commence contempt proceedings against any of the respondents.

Joseph Macharia Mbugua v M/S Young Club 7 & Restaurant [2014] KEELRC 1332 (KLR)

✦ The application is dismissed.

Brian M Lewela v Boolmat EA Co. Ltd & another [2014] KEELRC 205 (KLR)

✦ The court grants the prayer for salary arrears as prayed being kshs.456,666.70 for the period between 4/4/2013 and 17/8/2013. The prayer for pay in lieu of the accrued off days is dismissed.

David Karume Burugu v National Bank of Kenya Ltd [2014] KEELRC 1325 (KLR)

✦ The Court finds that the Respondent had a valid reason for terminating the Claimant's employment due to breaches of trust and wilful negligence. However, the termination procedure was not followed due to the lack of documentation of internal disciplinary rules.

Salim Mohamed Mgandi v Tarmal Wire Products [2014] KEELRC 209 (KLR)

✦ The Court approves the proposed terms of settlement and orders the Claimant to be awarded Kshs.64,885, to be paid within 15 days of the judgment, with execution to issue in default.

Daniel Muchiri v Kenya Red Cross Society [2014] KEELRC 1309 (KLR)

✦ The summary dismissal was not justified as the Respondent failed to follow the proper disciplinary procedures outlined in the Employment Act.

Patrick Amimo v International Peace Support Training Unit [2014] KEELRC 1300 (KLR)

✦ The Claimant’s probation period expired on 30th June 2014 and he was not on probation at the time of termination of his employment contract. The termination was lawful.

Philip Obila Oduor v Mosota Enterprises Limited [2014] KEELRC 256 (KLR)

✦ Application for leave to file reply to counter-claim is allowed, but costs are awarded to the Respondent