Kenyan case law
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James Mureithi Wangombe v Rachael Kuthi Mua (Sued as Proprietor of Pizza Pan Restaurant) (Cause 1352 of 2013) [2014] KEIC 115 (KLR) (5 May 2014) (Ruling)
✦ The Court declines to exercise its discretion in favor of the Respondent/Applicant and dismisses the application with costs to the Claimant/Respondent
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Nyakundi & another v Kenya National Union of Teachers (KNUT Headquarters) & another (Cause 1902 of 2011) [2014] KEIC 155 (KLR) (5 May 2014) (Ruling)
✦ The judgment is set aside and the court will review the evidence and set a date for judgment
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Paul v Pride In Hotels & Investments Limited (Cause 737 of 2013) [2014] KEIC 123 (KLR) (Civ) (30 April 2014) (Judgment)
✦ The court found in favor of the claimant on the issues of unfair and unlawful dismissal, payment of lawful wages, and notice of termination. However, the court dismissed the claimant's claims for overtime pay and compensation for unfair termination and service.
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Atago v Baobab Breeding Systems Ltd (Cause 182 of 2013) [2014] KEIC 734 (KLR) (25 April 2014) (Judgment)
✦ The court awards terminal dues of KES 231,187.50 to the claimant, including one month's salary in lieu of notice, annual leave, and 12 months' gross salary for unfair termination.
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Kasyoki v Narcol Aluminum Rolling Mills Limited (Cause 255 of 2013) [2014] KEIC 784 (KLR) (25 April 2014) (Judgment)
✦ The court finds that the claimant was wrongfully and unfairly dismissed and awarded one month salary in lieu of notice and the refund of NSSF deductions.
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Kazungu v Baobab Breeding Systems Ltd (Cause 176 of 2013) [2014] KEIC 737 (KLR) (25 April 2014) (Judgment)
✦ The court assesses terminal dues and awards costs and interest
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Ochola v Baobab Breeding Systems Ltd (Cause 168 of 2013) [2014] KEIC 738 (KLR) (25 April 2014) (Judgment)
✦ The court assesses terminal dues and awards costs and interest
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Maritim v Lochab Brothers Ltd (Cause 362 of 2013) [2014] KEIC 783 (KLR) (25 April 2014) (Judgment)
✦ The court finds the respondent's conduct amounts to a fundamental breach of contract and a criminal offense under the Employment Act 2007, treating the employment as terminated.
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Charles v Elsek & Elsek [K] Ltd (Cause 329 of 2013) [2014] KEIC 786 (KLR) (25 April 2014) (Judgment)
✦ The termination was declared unfair and wrongful due to the lack of proper redundancy procedures and the failure to pay severance pay and other accrued benefits.
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Omondi v Baobab Breeding Systems Ltd (Cause 86 of 2013) [2014] KEIC 780 (KLR) (25 April 2014) (Judgment)
✦ The termination was unlawful and unfair, and the claimants are entitled to employment benefits and compensation.
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Kenya Petroleum Oil Workers Union v Kenya Petroleum Refineries Ltd & 3 others (Cause 16 of 2014) [2014] KEIC 840 (KLR) (25 April 2014) (Ruling)
✦ The court dismissed the motion for lack of jurisdiction and misjoinder of parties.
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Kashori v Baobab Breeding Systems Ltd (Cause 169 of 2013) [2014] KEIC 739 (KLR) (25 April 2014) (Judgment)
✦ The court assesses terminal dues and awards compensation for unfair termination.
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Dahu v Baobab Breeding Systems Ltd (Cause 173 of 2013) [2014] KEIC 726 (KLR) (25 April 2014) (Judgment)
✦ The court assesses terminal dues and awards costs and interest to the claimant
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Amalgamated Union Of Kenya Metal Workers v Civicon Limited (Cause 124B of 2013) [2014] KEIC 842 (KLR) (25 April 2014) (Ruling)
✦ The court dismissed the motion for stay of execution, finding that the application was not made with unreasonable delay and that no substantial loss will result to the applicant.
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Adipoh v Baobab Breeding Systems Ltd (Cause 177 of 2013) [2014] KEIC 733 (KLR) (25 April 2014) (Judgment)
✦ The court assesses terminal dues and awards compensation for unfair termination.
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Mwala & 414 others v Sin Lane Kenya Epz Ltd (Cause 72 of 2013) [2014] KEIC 843 (KLR) (25 April 2014) (Judgment)
✦ The court finds and holds that the declaration of redundancy was not lawful and breached the contract of employment.
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Onyaru v Alpha Dairy Products Limited (Cause 93 of 2013) [2014] KEIC 839 (KLR) (25 April 2014) (Ruling)
✦ The motion is found to be devoid of merits and is dismissed. The execution proceedings are set aside, and the claimant's counsel is ordered to pay auctioneer charges.
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Ochieng v Elsek & Elsek [K] Ltd (Cause 267 of 2013) [2014] KEIC 788 (KLR) (25 April 2014) (Judgment)
✦ The court finds the termination unlawful and unfair, and awards the claimant one month's salary in lieu of notice, pay in lieu of leave, and 21 days leave after every 12 months period of continuous service.
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Kazungu v Baobab Breeding Systems Ltd (Cause 174 of 2013) [2014] KEIC 736 (KLR) (25 April 2014) (Judgment)
✦ The court assesses terminal dues and awards compensation for unfair termination.
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Mzungu v Rakesh Solanki t/a Sai Chatra (Formally Known as Class “A” Laundry) (Cause 262 of 2013) [2014] KEIC 785 (KLR) (25 April 2014) (Judgment)
✦ The court finds the termination to be wrongful but dismisses the claim for unfair dismissal. The court awards accrued benefits for the period between July 2008 and December 2012 for NSSF, 3 months of accrued leave, and 8 years of gratuity. The claim for over time and leave allowance is dismissed, and the claim for house allowance is also dismissed.
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Mwakale v Nine One One Group Ltd (Cause 334 of 2013) [2014] KEIC 813 (KLR) (25 April 2014) (Judgment)
✦ The dismissal was found to be unfair due to improper service of the show cause letter and lack of a disciplinary hearing.
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DOW v Attorney General (Cause 89 of 2013) [2014] KEIC 98 (KLR) (25 April 2014) (Judgment)
✦ The court held that the dismissal was discriminatory and a contravention of the Persons with Disabilities Act.
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Kahindi v Baobab Breeding Systems Ltd (Cause 170 of 2013) [2014] KEIC 729 (KLR) (25 April 2014) (Judgment)
✦ The court awards the claimant three months salary in lieu of notice, annual leave, and 12 months gross salary for unfair termination, totaling KES 539,844.50.
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Charo v Baobab Breeding Systems Ltd (Cause 171 of 2013) [2014] KEIC 731 (KLR) (25 April 2014) (Judgment)
✦ The court assesses terminal dues and awards costs and interest to the claimant.
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Ngala v Baobab Breeding Systems Ltd (Cause 172 of 2013) [2014] KEIC 740 (KLR) (25 April 2014) (Judgment)
✦ The court assesses terminal dues as follows: 40,110 for three months salary in lieu of notice, 9,359 for annual leave of 21 days, and 160,440 for 12 month gross salary for unfair termination. The claimant will also get costs and interest.