Kenyan case law
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Martin O. Oluoch & 3 others v Board of Management Kenyatta National Hospital & another [2016] KEELRC 395 (KLR)
✦ The claimants are not entitled to full monthly salary and house allowance as reinstatement is not possible. Severance pay is not applicable as the dismissal was not due to redundancy.
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Kenya Universities Staff Union Moi University Chapter v Kenya Universities Staff Union National Executive Committee [2016] KEELRC 359 (KLR)
✦ The court dismissed the application, but ordered the SGM and elections to be suspended pending the final determination of the case.
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Norah Moraa Ombui v Speaker Kisii County Assembly & another [2016] KEELRC 352 (KLR)
✦ The revocation of the petitioner's appointment was found to be ultra vires and unconstitutional.
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Joash Mongare National Oil Co-operation of Kenya [2016] KEELRC 312 (KLR)
✦ The claimant's termination was lawful and he is not entitled to the relief sought.
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Korgoren v Jiangxi Zhongnmoi Eng Construction (K) Ltd (Cause 29 of 2014) [2016] KEELRC 1871 (KLR) (14 November 2016) (Judgment)
✦ The court found in favor of the claimant on the issues of unfair termination and inadequate compensation, but dismissed the claimant's case on the issue of breach of the law relating to medical attention.
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Kenya Plantation & Agricultural Workers Union v Sotik Tea Highlands Estate [2016] KEELRC 378 (KLR)
✦ The termination of the employment was found to be wrongful, unfair, and unlawful.
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Matano Kathithe Kombe v Sonyicargo Masters Limited [2016] KEELRC 398 (KLR)
✦ The claim is allowed, and the respondent is ordered to pay the claimant KShs.32,828 plus costs and interest from the date of filing the suit. The respondent is also directed to issue the claimant with a Certificate of Service.
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Kudheiha Workers v Sweet Waters Tented Camp t/a Olpejeta Ranching Limited & Serena Hotels [2016] KEELRC 403 (KLR)
✦ The grievants are not entitled to payment of gratuity for the service prior to 01.02.2005 as the same was duly paid and any such claims would in any event be time barred under the relevant statutory provisions as found by the court accordingly.
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Kenya Building Construction Timber & Furniture Industries Employees Union v Westcon Contractors (K) Ltd [2016] KEELRC 389 (KLR)
✦ The respondent's motion is allowed, and the judgment dated October 2, 2015 is set aside. The respondent is given leave to defend the suit and is required to pay the claimant's thrown away costs of Kshs. 20,000 within 14 days of the judgment.
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Kenya National Union Of Private School Teachers v Victonell Academy Ltd [2016] KEELRC 89 (KLR)
✦ The Court orders the Respondent to commence deduction of union dues in respect of the employees who signed the check-off forms commencing November 2016 and remit the same to the Union. In case of non-compliance, the Respondent will meet such deductions from its own funds effective November 2016.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Talai Secondary School [2016] KEELRC 285 (KLR)
✦ The Court declines to exercise its discretion in favour of the Union due to inordinate delay and insufficient reasons provided.
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Kenya National Private Security Workers Union v Night Guards Ltd [2016] KEELRC 277 (KLR)
✦ The Court dismissed the cause due to the Union's failure to prove its case to the required standard.
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Evans Nyaribo & another v Peter Onsarigo Kerongosi & 3 others [2016] KEELRC 274 (KLR)
✦ The Court orders that the case be transferred to the Employment and Labour Relations Court
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Kenya Union of Commercial Food and Allied Workers v Kaharati Hardware [2016] KEELRC 405 (KLR)
✦ The court finds the termination unfair and awards the claimant 3 months' salary for the unfair termination, a month's pay in lieu of notice, and days worked but unpaid in April 2012.
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Juma Mwamtindi v African Pearl & Spa Luxury & another [2016] KEELRC 392 (KLR)
✦ The court finds the termination unfair and awards the claimant the sum of Kshs. 84,807.70 plus costs and interest.
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Christopher Kipsang Biwott v Emrock Investment Tea Factory Ltd [2016] KEELRC 300 (KLR)
✦ The termination of the Claimant's employment was found to be unfair, and he is entitled to 1 month's pay in lieu of notice and compensation equivalent to 5 months' gross wages.
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Paul Muniko Mariba & 5 others v Vishak Builders Limited [2016] KEELRC 314 (KLR)
✦ The termination of employment is unlawful and unfair, and the Claimants are entitled to compensation and service pay.
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Reuben Kamau Mucuha v Karuri Water & Sanitation Company Limited [2016] KEELRC 190 (KLR)
✦ The termination was unfair, and the claimant is entitled to 12 months salary and other benefits.
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Dickens Odhiambo Ouya v Synergy Industrial Credit Limited [2016] KEELRC 73 (KLR)
✦ The Court held that the Claimant was confirmed in his appointment by effluxion of time, and the termination was unlawful.
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Rapid Kate Services Ltd v Hillary Ingwe M [2016] KEELRC 397 (KLR)
✦ The court finds no fault with the trial court's finding on liability and upholds the 70:30% apportionment. The court dismisses the appeal.
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James Archimedes Gichana v Pyrethrum Board of Kenya & another [2016] KEELRC 295 (KLR)
✦ The motion to set aside the dismissal order is dismissed with costs to the Respondents.
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Geoffrey Rono v Nakuru County Ap Commander & 2 others [2016] KEELRC 337 (KLR)
✦ The dismissal of the Claimant was unlawful
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Lucy Wangari Methu v County Commissioner, Nyandarua County & 4 others [2016] KEELRC 99 (KLR)
✦ Interdiction order is suspended, Claimant is ordered to continue serving in her position, and a warrant of arrest is issued against the representative who issued the dismissal letter.
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Alfred Wekesa Katami v Registered Trustees Catholic Diocese of Kitale & 3 others [2016] KEELRC 144 (KLR)
✦ The court finds that the Claimant has not proved constructive dismissal and that he resigned out of his own free will.
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Joseph Omollo v Board Management Kisumu Boys High School [2016] KEELRC 150 (KLR)
✦ Claimant was an employee of the Respondent from May 20, 2013 to January 30, 2015. The Respondent was not entitled to terminate the Claimant unfairly.