Case law
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Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The subject of the strike action called by the Union has been the subject of previous conciliation and Court action and live legal proceedings as borne out by the record placed before this Court through affidavits. 22.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…other provisions of law. d) Throughout the Claimants 10 years, 1 month & 22 days in employment by the respondent, the claimant had never received any warning letters over his performance or subjected to any disciplinary proceedings…
…Co-operative Sacco Account in Breach of the Employment Act 2007. vii) In response to paragraph 20 of the statement of claim, the claimant admits that a fresh Certificate of Service has been issued in the course of these proceedings…
Division and case type: Employment and Labour Relations CourtPetitions
…Counsel relied on Articles 22(1) and 258(1) of the Constitution of Kenya on the right to institute proceedings in the event a right or fundamental freedom has been denied, infringed or threatened, to submit that although…
…In the court’s view, although the suspension letter dated stated that the applicant “had been found culpable”, that was not the case as no proceedings or other adjudicatory process had been conducted to ascertain the applicant…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…The Claimant remained on suspension until she was summarily dismissed from employment vide letter dated 29th April, 2020, 6 months later, a duration she contested in these proceedings.…
Division and case type: Employment and Labour Relations CourtPetitions
…An order of Certiorari is a Judicial Review Remedy, and the proceedings herein are not judicial review proceedings.…
…The Petitioner should have filed judicial review proceedings if they believed the Director had taken actions beyond his mandate.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
The court heard a dispute where the Claimant alleged unfair termination from the Respondent company, seeking compensation for wrongful termination, salary arrears, and other remedies. The Claimant claimed he was unlawfully terminated after being employed since December 2021 without disciplinary action, while the Respondent argued the Claimant failed to meet performance standards and was dismissed after a meeting on July 6, 2022. The court determined the termination was unfair due to the Claimant's lack of disciplinary proceedings and the Respondent's failure to provide proper notice or termination procedures, ruling in favor of the Claimant on the unfair termination issue.
Division and case type: Employment and Labour Relations CourtClaim/Causes
The claimant alleged wrongful dismissal by the respondent school, citing illegal termination, unpaid salary from May 2020 to January 2022, and salary reductions. The respondent denied the claimant's allegations, asserting the dismissal followed a disciplinary meeting where the claimant failed to remit statutory deductions, threatened the school head, and was acting in gross misconduct. The court found the claimant's dismissal unlawful due to the respondent's failure to follow proper procedures, including not providing prior notice or opportunity to defend, and the claimant's right to unpaid salary and leave entitlements.
Division and case type: Appeals DivisionAppeals
…That it was impeded from filing its appeal timely due to inability to secure the typed and certified proceedings and judgment from trial court within the prescribed time.…
…The Applicant alleged that the delay in supply of the certified copy of judgment and proceedings caused the delay in filing the appeal. 11.…
Division and case type: Employment and Labour Relations CourtAppeals
…In the case of Thomas M Nguti & 196 Others v Kenya Railways Corporation Cause No.803 of 2013, the court held that in execution proceedings, the Civil Procedure Act and the rules thereto apply.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…He confirmed he was not aware of proceedings of 5/10/2017 but he was aware of court’s ruling ordering him to be paid remuneration up to the date of suspension.…
…Justice Radido’s ruling of 29/9/2017 the Claimant was aware of his disciplinary proceedings to be conducted on 5th October,2017.…
Division and case type: Employment and Labour Relations CourtMiscellaneous Applications
…The Applicant seeks the following orders:- a) that notice of this application to the Respondent be dispensed with in the first instance on the grounds of urgency, and that there be a stay of the proceedings in Mombasa Chief…
…E724 of 2023 wholly arose in Nairobi County. f) that the Applicant will be prejudiced since its representatives will have to travel to Mombasa for the Court proceedings in the said cause No.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…This related to the year 2002 way before disciplinary proceedings were brought to the claimant’s attention. The announced bonus cannot be negated after the fact of its communication.…
Division and case type: Employment and Labour Relations CourtAppeals
…The attending advocate for the appellant should have rendered a proper account of the proceedings on 24 October 2024. This is the missing link to the instant application.…
Division and case type: Employment and Labour Relations CourtAppeals
…law and in fact in holding that there was need to issue the Respondent with a notice despite being summarily dismissed. c) THAT the Learned Magistrate erred in law and in fact in holding that the Appellant had to produce proceedings…
…It is his submission that the proceedings of the appeal committee were not produced in Court and is thus not clear how the decision was arrived at. 39.…
Division and case type: Employment and Labour Relations CourtAppeals
…Records reveal that show cause proceedings took place on 23rd September, 2021 and the appellant’s remark was a an apology for the mistake. The guarantor requested that the appellant be accorded another chance.…
Division and case type: Employment and Labour Relations CourtPetitions
…Leave be granted to the applicant to institute contempt of court proceedings and summons be issued for personal attendance of Abdirahim Mohamed Farah and Edith Kwekwe Marafa, being the 1st and 2nd contemnors before the court…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…It is also the Claimant’s case that the proceedings of the 1st Respondent on 17th July 2024 were irregular and intended to unlawfully and irregularly dismiss the Claimant from employment with the 1st Respondent which decision…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…That there were no disciplinary proceedings after the ruling. CLAIMANTS’ SUBMISSIONS 26. The Claimants’ Advocates Ahmednasir Abdullahi Advocates filed written submissions dated 31st October 2024.…
…it was not open for the Claimant to reintroduce issues that had been put to rest, in the event that the Claimant was dissatisfied with the Respondent's conduct after the ruling, the Claimant should have filed contempt of proceedings…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Strangely, counsel submitted that the respondents had pleaded that in correction of an irregularity it ought to pursue the illegally earned salaries and allowances through criminal proceedings with agencies such as the EACC…
Division and case type: Employment and Labour Relations CourtClaim/Causes
The court certified the application as urgent and granted leave to the firm of P.I SAMBA& COMPANY advocates to appear for the 1st Respondent, deeming the Notice of Change of Advocates as filed upon payment of fees. The application for stay was deemed brought too late after judgment, and the court ordered the application to be heard inter partes on 13th March 2024 for responses and further proceedings.