Kenyan case law
-
Noor v C.M.C. Aviation Limited (Cause 919 of 2010) [2012] KEIC 4 (KLR) (16 November 2012) (Ruling)
✦ The application is certified urgent and heard ex-parte. An injunction is ordered to restrain the Claimant from executing the Decree of the Court or enforcing any orders of the Court consequential to the ruling made on 8th October 2012 pending the hearing and determination of the application and the intended appeal filed in the Court of Appeal.
-
Kenya Union of Domestic, Hotels, Educational and Allied Workers v Kenyatta National Hospital (Cause 1539 of 2010) [2012] KEIC 33 (KLR) (16 November 2012) (Ruling)
✦ The Court dismissed the Preliminary Objection.
-
Kimili v Kenya Building, Construction, Timber and Furtniture Industries Employees Union (Cause 1324 of 2012) [2012] KEIC 23 (KLR) (Civ) (16 November 2012) (Ruling)
✦ Order of injunction granted to prohibit interference with lawfully elected officers
-
Okonji v Sunthesis Limited (Cause 1851 of 2011) [2012] KEIC 30 (KLR) (16 November 2012) (Award)
✦ Claimant is awarded six (6) months' salary for unfair dismissal.
-
Wambile v Kinyanjui (Cause 604 of 2012) [2012] KEIC 6 (KLR) (16 November 2012) (Judgment)
✦ The Court finds in favor of the Respondent and dismisses the Claimant's claim.
-
Shena v Hje Medical Research International Inc (Cause 1096 of 2010) [2012] KEIC 3 (KLR) (16 November 2012) (Ruling)
✦ The Court found that there is a valid arbitration agreement in the Employment Contract and dismissed the Respondent's application.
-
Mungata & others v Parbat Siyan Construction Ltd (Cause 1291 of 2010) [2012] KEIC 31 (KLR) (Employment and Labour) (16 November 2012) (Judgment)
✦ The Court dismissed the suit, finding that the Respondent did not employ the Claimants and that the dismissal was not wrongful.
-
Machira v Mugo Waweru and Associates (Cause 621 of 2012) [2012] KEIC 1 (KLR) (9 November 2012) (Award)
✦ Claimant's termination was unfair due to discrimination and denial of her right to be heard. She is awarded 12 months' salary as compensation.
-
Gideon v Steel Structures Limited (Cause 210 of 2009) [2012] KEIC 11 (KLR) (26 October 2012)
✦ The court held that the respondent terminated the claimant's contract of services unlawfully and ordered the payment of the claimant's unpaid salary, service gratuity, and other benefits.
-
Kariuki v G4S Security Services Limited (Cause 1296 of 2010) [2012] KEIC 8 (KLR) (26 October 2012) (Ruling)
✦ The Court dismissed the Preliminary Objection, finding the claim not time-barred and the Claimant's rights to sue had not lapsed.
-
Kenya Petroleum Oil Workers Union v Kenol- Kobil Petroleum Limited (Cause 841 of 2009) [2012] KEIC 9 (KLR) (26 October 2012) (Judgment)
✦ The Court found that there was an implied contract to continue serving until express renewal of the contract, and the respondent's actions indicated an intention to renew the contract on similar terms.
-
JOHN MWANIKI V G4S SECURITY SERVICES LIMITED [2012] KEELRC 221 (KLR)
✦ The Preliminary Objection is allowed and the claim is struck out with no order as to costs.
-
Kenya Federation of Labour & another v Attorney General & 2 others (Cause 735 of 2012) [2012] KEIC 12 (KLR) (10 October 2012) (Ruling)
✦ The application is dismissed with costs to the respondents.
-
Kenya Long Distance Truck Drivers and Allied Workers Union v AZ Juma Limited (Cause 552 of 2009) [2012] KEIC 32 (KLR) (Employment and Labour) (28 September 2012) (Judgment)
✦ The Court dismissed the claim as the Claimant has not recruited a simple majority of unionisable employees as members
-
Aviation & Allied Workers Union (K) v Kenya Airways Limited (Cause 377 of 2012) [2012] KEIC 2 (KLR) (Employment and Labour) (28 September 2012) (Ruling)
✦ The claims were dismissed, and the interim orders were upheld.
-
Ndiso v Ecobank Kenya Limited (Cause 996 of 2011) [2012] KEIC 22 (KLR) (Employment and Labour) (27 September 2012) (Judgment)
✦ The court has jurisdiction and the claimant has proved his claim on a balance of probability.
-
Ondieki v Gothic Investiment Ltd t/a Osteria Group of Hotels (Cause 361 of 2011) [2012] KEIC 5 (KLR) (Employment and Labour) (27 September 2012) (Judgment)
✦ The claimant's claim for wrongful and unfair dismissal is dismissed with costs.
-
Nairobi County Branch of Kuppet v Lawrence Njoroge & 5 others (Cause 1040 of 2012) [2012] KEIC 13 (KLR) (Employment and Labour) (26 September 2012) (Ruling)
✦ The Court reinstated Benter Akinyi Opande as branch Secretary of KUPPET Nairobi County Branch and issued specific performance and injunctions.
-
Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Ltd (Cause 923 of 2012) [2012] KEIC 25 (KLR) (Employment and Labour) (25 September 2012) (Ruling)
✦ The claim is struck out as time barred and cannot survive for even one more day.
-
Seth Panyako v Kenyatta National Hospital (Cause 1589 of 2010) [2012] KEIC 17 (KLR) (Employment and Labour) (25 September 2012) (Ruling)
✦ The court dismissed the preliminary objections and ordered the Respondent to file a correctly drawn affidavit within 7 days.
-
Ngugi v Advertising Co. Ltd (Cause 1354 of 2011) [2012] KEIC 14 (KLR) (24 September 2012) (Judgment)
✦ Claimant's claim is upheld, and the Respondent is ordered to pay costs and interest at court rates.
-
Gacheru v Amissah & another (Cause 524 of 2012) [2012] KEIC 26 (KLR) (24 September 2012) (Ruling)
✦ The Court set aside the Order of Madzayo Judge and ordered the Respondent's Counsel to execute a suitable undertaking as to damages within 14 days and costs in the cause.
-
Tonangweya v M/s Sarova Hotels Limited (Cause 712 of 2012) [2012] KEIC 29 (KLR) (20 September 2012) (Ruling)
✦ The court declines to grant leave to file the claim due to the inordinate delay of 15 years
-
Transport & Allied Workers Union v Kenatco Taxis Limited (Cause 303 & 171 of 2010 (Consolidated)) [2012] KEIC 36 (KLR) (19 September 2012) (Ruling)
✦ Neither of the two rival unions, TAWU nor KLDTDAWU, has obtained the simple majority required for recognition under the Labour Relations Act 2007.
-
Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Kenyatta National Hospital (Cause 1539 of 2010) [2012] KEIC 35 (KLR) (Employment and Labour) (17 September 2012) (Judgment)
✦ The court ordered the parties to conclude the signing of the Collective Bargaining Agreement for the period 1st July, 2009 – 30th June, 2011 within forty-five (45) days of this judgment incorporating the salary and allowances awarded.