Kenyan case law

Peter Kamau Mwaura & another v National Bank of Kenya [2020] KEELRC 291 (KLR)

✦ The termination was found to be unfair and unlawful.

Monica Kasika v Ministry of State of Defence & another [2020] KEELRC 305 (KLR)

✦ The Petition is dismissed for want of prosecution with costs in the cause.

Kenya County Government Workers Union v The Attorney General & 4 others [2020] KEELRC 271 (KLR)

✦ The court found that the secondment process was valid and that the union members should not be terminated for lack of documentation. The court also found that the union members have the right to participate in labor relations and collective bargaining agreements.

Kenya County Government Workers Union v County Government of Tana River & Tana River County Public Service Board (Cause 204 of 2019) [2020] KEELRC 297 (KLR) (28 October 2020) (Ruling)

✦ The orders made on 29th May, 2020, striking out the Claim herein, are reviewed and set aside. The Claim is referred to the Public Service Commission, and proceedings are stayed pending the outcome of the PSC Mechanism.

Obed Rioba Nyasinga v Netco Management & another [2020] KEELRC 303 (KLR)

✦ The claimant's application lacks merit and is dismissed

Juliet Wamiri v James R. Njenga & 7 others [2020] KEELRC 283 (KLR)

✦ The Court denies the application to strike out the Claimant's suit and allows the amendment to the Claim to the extent that the Claimant will not introduce new matters not related to the Claim.

Kenya Aviation Workers Union v Kenya Airports Authority [2020] KEELRC 281 (KLR)

✦ The Court confirms the decree nisi in the amount of Kshs. 10,870,662/=. The Respondents are free to pursue the 2nd Garnishee for the remainder of the decreeal sum. Stay orders are rejected.

Kenya Medical Practitioners, Pharmarcists and Dentists Uinion (KMPDU) v County Government of Nyamira [2020] KEELRC 293 (KLR)

✦ The court finds that the Respondent is not in compliance with the CBA and the strike notice, and grants a conservatory prohibitory injunction to prohibit the Respondent from taking punitive measures against Petitioner members.

Banking Insurance & Finance Union (Kenya) v Smep Microfinance Bank Limited [2020] KEELRC 282 (KLR)

✦ The Court committed the Respondent's Chief Executive Officer to civil jail for six months for contempt of court.

O’brian Bolei Kipsowe & 2 others v Simba Caetano Formula Limited & another; Groupe Renault Sa (Interested Party) [2020] KEELRC 273 (KLR)

✦ Allow the application for joinder of the Intended Interested Party Group Renault SA as prayed

Muchiri Kiraithe v Teachers Service Commission [2020] KEELRC 278 (KLR)

✦ Claimant is entitled to salary for the period of suspension and damages for wrongful interdiction.

David Kabori Rimberia v Summit Cove Lines Company Ltd & another [2020] KEELRC 304 (KLR)

✦ The application to liquidate the decretal sum is declined

David Kamau Ndege v Principal Secretary, Ministry of Health & 2 others; Public Service Commission & another (Interested Parties) [2020] KEELRC 308 (KLR)

✦ The Court finds the disciplinary letter dated 05.09.2018 oppressive and in violation of the petitioner's rights. The petitioner is awarded all withheld salaries and an order is issued for immediate payment of arrears and future salary.

Lucy Wanjiru Nyaga v Batiment Group Limited [2020] KEELRC 335 (KLR)

✦ The application for stay of execution of the decree is dismissed with costs.

Kenya Quarry and Mine Workers Union Kenya Builders & Concrete Co. Ltd [2020] KEELRC 313 (KLR)

✦ The Court dismissed the suit, finding that the claimant has not shown that it requested for the Minister's order and obtained the same, thus failing to satisfy the statutory requirement for deduction of agency fees.

Peter Juma Simiyu v Jamii Bora Bank Ltd [2020] KEELRC 331 (KLR)

✦ The application is dismissed. The bank is awarded as prayed for, and the prayer was never for a retroactive application of the interest rate of 10.5%. The interest applied effective the date of the judgment. The PAYE rates applicable are as at the date of the judgment. The stay of execution in order 6 in the judgment is extended to 01.12.2020.

Robert Karani v Ethics and Anti-Corruption Commission (Petition 56 of 2015) [2020] KEELRC 333 (KLR) (Employment and Labour) (23 October 2020) (Ruling)

✦ The Court reviews the Judgment and assesses compensation payable as the equivalent of 3-months and 7 days gross salary being Kshs 403,000/-

Cheruiyot Thomas Kimeli & Joshua Kwonyike v Cabinet Secretary Ministry of Education, Attorney General, Public Service Commission & Bomet University College Council; Moi University Council, Anne Kisaka Nangulu & George Otieno (Interested Parties) (Petition 14 of 2019) [2020] KEELRC 1916 (KLR) (23 October 2020) (Ruling)

✦ The petition is dismissed with costs as the issues raised are res judicata and the petition lacks merit.

Bakery Confectionery Food Manufacturing v Ennsvalley Bakery Limited [2020] KEELRC 306 (KLR)

✦ The Court finds that the CBA requirement for issuance of appointment letters is incorporated into the grievants' individual contracts of service. The Court issues a declaration that the Respondent must issue relevant letters of appointment to the 66 grievants who have satisfied the CBA's conditions.

Mike Sonko Mbuvi Gidion Kioko v Clerk, Nairobi City County Assembly & 4 others [2020] KEELRC 311 (KLR)

✦ The preliminary objection filed by the 2nd respondent is dismissed, and the interim orders are extended until further orders.

Ibrahim Osman Abdi v Sawada Ali & 3 others [2020] KEELRC 301 (KLR)

Baldwin Norman Aunda v Kenya Wildlife Service [2020] KEELRC 321 (KLR)

✦ The Respondent's Motion to dismiss the suit for want of prosecution is marked as overtaken by events.

Samson Oduk v Jotun Kenya Limited [2020] KEELRC 322 (KLR)

✦ The court finds the termination unfair and unlawful, and awards the claimant 8 months' salary in lieu of notice and 12 months' pay for unfair termination.

Derek Wangaki Okova v Kenya Pipeline Company Ltd [2020] KEELRC 314 (KLR)

✦ The Court declines to grant any of the orders sought by the applicant.

Stephen Isinga Amuliodo v Eastern Produce Kenya Ltd (Chemoni Tea Estate) (Cause 121 of 2017) [2020] KEELRC 1918 (KLR) (23 October 2020) (Judgment)

✦ Claim is dismissed with costs.