Kenyan case law

Amollo v Visions Institute of Professionals Limited (Cause 18 of 2013) [2013] KEIC 598 (KLR) (12 July 2013) (Judgment)

✦ The court held that the termination was wrongful and unfair, and the claimant is entitled to damages and a certificate of service.

Sheti v Light Academy (Cause 33 of 2012) [2013] KEIC 626 (KLR) (12 July 2013) (Judgment)

✦ The court found that the termination was not wrongful or unfair, and the claimant's reliefs were not granted.

Ulage v Stanley (Cause 76 of 2013) [2013] KEIC 627 (KLR) (12 July 2013) (Judgment)

✦ The court finds that Ulage served the respondent continuously between January 2004 and June 2012. The termination was unfair and the court awards one month salary, service pay, and a 12-month gross salary for unfair termination.

Muko v JR Gittau & Jematt Investment Limited (Cause 85 of 2013) [2013] KEIC 610 (KLR) (8 July 2013) (Judgment)

✦ The dismissal was unfair and the claimant is awarded Ksh.145,623 in relief.

Mwambisi v Anwarali & Brothers Limited (Cause 15 of 2013) [2013] KEIC 631 (KLR) (8 July 2013) (Judgment)

✦ Claimant's claim for terminal benefits and costs is dismissed

Bishi v Hedge Farm Limited (Cause 60 of 2012) [2013] KEIC 608 (KLR) (8 July 2013) (Ruling)

✦ The court dismissed the respondent's application for review as it did not meet the threshold set by the Industrial Court (Procedure) Rules 2010.

Thairu & 8 others v Bata Shoe Company (Kenya) Ltd & another (Cause 438 of 2010) [2013] KEIC 632 (KLR) (5 July 2013) (Judgment)

✦ The Claimants are entitled to notice pay and compensation for 6 months each. They will also have costs and interest.

Wambui v Nairobi Botanica Gardening Limited (Cause 2512 of 2012) [2013] KEIC 602 (KLR) (5 July 2013) (Ruling)

✦ The parties were not ad idem and no enforceable compromise had crystallized, and the application was dismissed with costs.

Nangumba v Coconut Limited (Cause 397 of 2012) [2013] KEIC 545 (KLR) (5 July 2013) (Ruling)

✦ The Respondent's Notice of Motion Application dated 25th June 2013 is dismissed with Costs

Ngeno v AO Bayusuf & Sons Limited (Cause 101 of 2012) [2013] KEIC 612 (KLR) (28 June 2013) (Judgment)

✦ The claimant's employment was declared to have been unfairly terminated by the respondent. The respondent is ordered to pay the claimant one month salary in lieu of notice, 12 months gross salary for unfair termination, and salary arrears for 24 days in April 2012.

Mwakuwona v CFC Stanbic Bank Ltd (Cause 174 of 2012) [2013] KEIC 526 (KLR) (28 June 2013) (Judgment)

✦ The dismissal was found to be unfair.

Omar v Seafarers Union of Kenya (Cause 25 of 2013) [2013] KEIC 604 (KLR) (28 June 2013) (Judgment)

✦ The court found the special conference to be secret and in violation of the respondent's constitution, and the removal of the claimant was unlawful.

Owili v Kenya Ports Authority (Cause 131 of 2012) [2013] KEIC 601 (KLR) (28 June 2013) (Judgment)

✦ The dismissal was lawful and fair, and the relief sought is denied.

Inter Public Universities Councils Consultative Forum (IPUCCF) v University Academic Staff Union (UASU) & 2 others (Cause 50 of 2013) [2013] KEIC 611 (KLR) (21 June 2013) (Ruling)

✦ The CBA schedules lead to an absurdity and mathematical inaccuracy, and the mistake was not the intention of the parties. The Claimant will have costs of the Application.

Kenneth Kipkemboi Settim & Jossy M Kioko v National Social Security Fund, Board of Trustees (Cause 204 of 2011) [2013] KEIC 6 (KLR) (Employment and Labour) (14 June 2013) (Ruling)

✦ The dismissal was in accordance with statutory provision and is without blame.

Cere v Wilham K. Limited (Cause 698 of 2010) [2013] KEIC 554 (KLR) (14 June 2013) (Judgment)

✦ The termination was unfair due to the failure to adhere to the Employment Act 2007, and the Court awards the Claimant compensation and salary for the period of suspension.

Kenya Game Hunting and Safaris Workers Union v ADC Mutara (Cause 1480 of 2010) [2013] KEIC 565 (KLR) (7 June 2013) (Ruling)

✦ The Claimant/Applicant's Application is dismissed as it is devoid of merit

Masege v Aviation & Allied Workers Union (Cause 370 of 2011) [2013] KEIC 516 (KLR) (31 May 2013)

✦ The Respondent is entitled to a stay of execution of the judgment and/or decree pending the hearing and determination of the Application for Review, subject to furnishing security for the entire decretal sum within 7 days.

Mwandawiro v SDV Transami (K) Ltd (Miscellaneous Application 13 of 2013) [2013] KEIC 549 (KLR) (27 May 2013) (Ruling)

✦ The Claimant is at liberty to file a claim before the end of June 27, 2013, but needs leave to do so after that date

Kamau v Getrio Insurance Brokers (Cause 348 of 2010) [2013] KEIC 547 (KLR) (24 May 2013)

✦ The termination was contrary to the law and the Claimant is entitled to payment for leave days, salary in lieu of notice, and compensation.

Nyamage v Versus Searite Holdings Ltd (Cause 1599 of 2011) [2013] KEIC 518 (KLR) (21 May 2013)

✦ The dismissal was found to be unfair and unlawful due to non-compliance with Employment Act sections 41 and 43. The claimant is entitled to compensation and benefits.

Maitha v Commissioner of Police & another (Civil Miscellaneous Application 15 of 2013) [2013] KEIC 551 (KLR) (Civ) (21 May 2013) (Ruling)

✦ The suit was filed in 2006, and the entities sued existed then. The Commissioner of Police is struck out as a party as there is nothing to suggest he should have been included.

Abongo v Zhang'Bin & another (Cause 1378 of 2012) [2013] KEIC 597 (KLR) (21 May 2013) (Judgment)

✦ Claimant is awarded Kshs. 91,500 for leave due, service pay, and Kshs. 67,500 for unpaid wages.

National Union of Water & Sewerage Employees v Mathira Water and Sanitation Company Ltd & 2 others; Attorney General & another (Interested Parties) (Cause 1664 of 2012) [2013] KEIC 4 (KLR) (Employment and Labour) (17 May 2013) (Judgment)

Kadenge v Light Academy (Cause 17 of 2012) [2013] KEIC 624 (KLR) (10 May 2013) (Judgment)

✦ The termination was unlawful and unfair, and the court awards one month salary in lieu of notice, leave not taken, leave travelling allowance, and twelve months salary for unfair termination.