Kenyan case law
-
Nyamboke v Eastern Africa Coatings Limited (Cause 669(N) of 2009) [2013] KEIC 540 (KLR) (3 December 2013) (Judgment)
✦ The Court ordered the Respondent to pay the Claimant one month's salary in lieu of notice, salary for work done in June, and 12 months' pay as compensation.
-
Gladys Boss Shollei v Judicial Service Commission (Petition 39 of 2013) [2013] KEIC 1 (KLR) (Employment and Labour) (22 November 2013) (Ruling)
✦ Reinstatement is a substantive remedy that should be granted upon full hearing of the parties, but may be granted in exceptional circumstances.
-
Frederick Onyango Waga v Magnum Engineering and General Contractors Ltd (Cause 314 of 2012) [2013] KEIC 535 (KLR) (8 November 2013) (Judgment)
✦ Claimant's dismissal was not unlawful, and he is not entitled to terminal dues.
-
Kunde v Kaps Municipal Parking Services Ltd (Cause 57 of 2012) [2013] KEIC 5 (KLR) (8 November 2013) (Judgment)
✦ The court finds that the claimant was on a yearly renewable contract ending on April 30, 2010, and that the dismissal was wrongful and unfair.
-
Odongo v Cabinet Secretary Ministry Of Labour Social Security & Services & another (Cause 1174 of 2013) [2013] KEIC 552 (KLR) (8 November 2013) (Ruling)
✦ The dismissal was not fair and the court declines to grant the orders sought
-
Ogak v Athi River Plant Limited (Cause 659 of 2012) [2013] KEIC 530 (KLR) (8 November 2013) (Judgment)
✦ The Claimant's claim is dismissed with costs to the Respondent as he failed to prove his claim on a balance of probabilities.
-
Matianyi v G4S Security Services(K) Ltd (Cause 20 of 2012) [2013] KEIC 635 (KLR) (7 November 2013) (Judgment)
✦ The Court held that the Claimant was not unfairly terminated and denied his claims.
-
Musundi v CFC Stanbic Bank (Cause 2309 of 2013) [2013] KEIC 533 (KLR) (1 November 2013) (Ruling)
✦ The claim is time-barred and dismissed
-
Minne Mbue v Jamii Bora Bank Limited [2013] KEELRC 36 (KLR)
✦ The court finds in favor of the Claimant, awarding salary in lieu of notice, gratuity, one year compensation, unpaid leave earned, and half of the costs.
-
Kenya Union of Commercial Food and Allied Workers Union v Atta [K] Ltd (Cause 104 of 2012) [2013] KEIC 577 (KLR) (4 October 2013) (Judgment)
✦ The court held that the grievants are not considered permanent employees and thus not entitled to terminal benefits and damages.
-
Kombo v Khalsfin (Cause 99 of 2012) [2013] KEIC 578 (KLR) (4 October 2013) (Judgment)
✦ The employment contract was terminated through frustration due to the arrest of the claimant for an alleged offense committed during leave time, preventing both parties from performing their part of the contract.
-
Mutua v Allied Wharfage Ltd (Cause 73 of 2013) [2013] KEIC 556 (KLR) (4 October 2013) (Judgment)
✦ The summary dismissal of the claimant is declared unlawful and unfair. The respondent is ordered to pay the claimant one month salary in lieu of notice and 12 months salary for unfair dismissal.
-
Okwemba v Bamburi Cement Ltd (Cause 87 of 2013) [2013] KEIC 575 (KLR) (4 October 2013) (Judgment)
✦ The court declares the summary dismissal wrongful and orders the respondent to pay salary in lieu of notice, 27 days leave, salary for January and February 2013, bonus for 2012, gratuity, and pension if not yet paid.
-
Ouma v Carslake Nominees Ltd t/a Diani Sea Resort (Cause 72 of 2012) [2013] KEIC 557 (KLR) (4 October 2013) (Judgment)
✦ The court finds and holds that the alleged summary verbal retirement of the claimant was indeed wrongful termination of his employment.
-
Randu v Malindi Water & Sewerage Company Ltd (Cause 110 of 2012) [2013] KEIC 558 (KLR) (4 October 2013) (Judgment)
✦ The court finds that the claimant was not an employee of the respondent and the Industrial Court lacks jurisdiction to determine the dispute.
-
Mwanyae v United [EA] Warehouse Ltd (Cause 81 of 2012) [2013] KEIC 576 (KLR) (4 October 2013) (Judgment)
✦ The dismissal was wrongful and procedurally fair.
-
Mukala v Ol Tukai Lodge Ltd (Cause 823 of 2010) [2013] KEIC 634 (KLR) (Employment and Labour) (30 September 2013) (Judgment)
✦ The termination was procedurally unfair and the procedure used was fundamentally flawed.
-
Jin v Carbo Works East Africa Ltd (Cause 24 of 2013) [2013] KEIC 580 (KLR) (27 September 2013) (Judgment)
✦ The court ordered payment of ksh.275,485 for 3 months salary arrears for November and December 2011 and January 2012, cash pay for 57 outstanding leave days, and ksh.17,000 petty cash reimbursement.
-
Mbugua v Rafiki DTM [K] Ltd (Cause 180 of 2013) [2013] KEIC 586 (KLR) (27 September 2013) (Judgment)
✦ The court found the termination unjustified and without notice.
-
Doyo v Kenya Safari Lodges & Hotels & another (Cause 202 of 2013) [2013] KEIC 579 (KLR) (27 September 2013) (Ruling)
✦ The suit is declared time barred and struck out with no order as to costs.
-
John Otieno & Pontius Katamma v Erica Kulumba T/A Rise & Shine Academy (Cause 13 of 2012) [2013] KEIC 555 (KLR) (20 September 2013) (Judgment)
✦ The court finds and holds that the summary dismissal was uncalled for and amounted to breach of the contract and unfair termination.
-
Runya v Shifa Chem Ltd (Cause 105 of 2013) [2013] KEIC 588 (KLR) (20 September 2013) (Judgment)
✦ The court ordered the respondent to pay the claimant 15 days salary arrears and 7 days accrued leave days. The claimant's other claims were dismissed.
-
Nyongesa v Pwani Oil Products Limited (Cause 47 of 2013) [2013] KEIC 587 (KLR) (20 September 2013) (Judgment)
✦ The dismissal was found to be unlawful and the claimant was awarded terminal dues.
-
Obinga v Nyali Golf & County Club Ltd (Cause 59 of 2012) [2013] KEIC 591 (KLR) (6 September 2013) (Judgment)
✦ The dismissal of the claimant amounts to wrongful termination.
-
Joshua v Chije Primary School (Cause 139 of 2013) [2013] KEIC 600 (KLR) (6 September 2013) (Judgment)
✦ The termination was lawful, and the claimant is entitled to unpaid salary and service pay.