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Anthony Imbati Donald VS Tofada Security Services Limited

Division and case type: Appeals Division·Appeals

Anthony Imbati Donald appealed against the Chief Magistrate's Court judgment dismissing his claim for wrongful termination of employment. The court considered whether the termination was unlawful due to non-compliance with Section 40 of the Employment Act and other statutory provisions. The court found that the trial court erred by concluding the termination was lawful based on the claimant's contract being tied to a third-party contractor, as the contract did not explicitly name the third party. The court held that the termination was wrongful as the claimant was not properly declared redundant under Section 40 of the Employment Act, and the trial court failed to consider relevant statutory provisions. The appeal succeeded in setting aside the trial court's judgment and awarding the reliefs as claimed.

Rose Onoka AND Lower Kadongo Women Group VS Cabinet Secretary Interior And Cordination Of National Govt. AND Public Service Commission Of Kenya AND 2 Others

Division and case type: Employment and Labour Relations Court·Petitions

Dr. Emmanuel Barasa Nyongesa AND Wilfred Osundwa Wanjala AND 1 Others VS County Government Bungoma AND County Public Service Board Bungoma

Division and case type: Employment and Labour Relations Court·Petitions

ARNOLD MKARE JEFWA VS COUNTY GOVERNMENT OF KILIFI AND THE GOVERNOR, COUNTY GOVERNMENT OF KILIFI

Division and case type: Employment and Labour Relations Court·Petitions

CHRISTOPHER SHABIRI CHANGALWA VS UNGA LTD

Division and case type: Employment and Labour Relations Court·Claim/Causes

The court determined that the claimant had a legitimate expectation of contract renewal due to continuous annual renewals from 2006 to 2017, despite the respondent's defense that the contract lapsed by its term. The court found the termination unfair under section 45 of the Employment Act as there was no valid reason for termination, and the claimant was entitled to relief including unpaid leave, gratuity, and severance pay as per contractual terms and statutory provisions.

Hayer Bishan & Sons Limited VS Domnic Obiero Odemba

Division and case type: Employment and Labour Relations Court·Appeals

The court, the dispute, the issues and what the court decided and why. Write a neutral 3-5 sentence summary: the court, the dispute, the issues and what the court decided and why. Use only the text given; do not invent facts, parties or outcomes. Then give 5-12 short legal keywords (areas of law, key issues).

Marvin Omondi Ngei VS Migori County AND County Assembly Of Migori

Division and case type: Employment and Labour Relations Court·Judicial Review

The Ex-Parte Applicant sought judicial review orders including certiorari, prohibition, mandamus, and declarations regarding unlawful public advertisements (CGM/PSMD/001/2023 and CGM/PSMD/002/2023) by the Migori County Public Service Board, claiming they violated constitutional and statutory provisions. The Respondent opposed, arguing jurisdictional issues, lack of employer-employee relationship, and procedural irregularities. The court considered jurisdictional arguments, including whether the dispute fell under employment relations or constitutional judicial review, but the provided text does not specify the court's final decision or ruling.

Daniel Mugo Kiwo AND Jane W. Kefa AND 1 Others VS Teachers Service Commission

Division and case type: Employment and Labour Relations Court·Claim/Causes

The court allowed the Respondent's application to expunge Annexures DMK-1 and DMK-2 from the Court Record. The Respondent argued the documents were illegally obtained, violating constitutional and statutory provisions, while the Claimants opposed, asserting the documents were lawfully obtained as part of their employment. The court found Annexure DMK-1 was a 'without prejudice' communication without a binding agreement, thus inadmissible, and Annexure DMK-2 was an internal memo between Respondent officers, with no proof of lawful possession by the Claimants. The court ordered the expungement to safeguard fair trial and justice.

MOSES MAKHOHA BWIRE VS WASSO SECURITY SERVICESLTD

Division and case type: Claims and Labour Relations Division·Claim/Causes

The court determined that the Claimant was entitled to payment his terminal dues and arrears after resigning from the Respondent's employment in 2016. The Claimant alleged unpaid salaries, house allowances, leave days, public holidays, underpayments, off days, overtime, and service pay totaling Kshs 1,077,520.55. The Respondent did not file a defense, and the court awarded Kshs 1,071,781.85 in total, excluding the disputed 2015 leave days. The court found the Claimant's claim justified based on the Employment Act and statutory provisions, with the Respondent's failure to provide evidence or respond to the claim leading to the award.

BENEDICTOR VS MOI UNIVERSITY

Division and case type: Employment and Labour Relations Court·Petitions

The court addressed a petition by a former employee challenging the termination of her employment with Moi University. The Petitioner claimed the termination was unlawful, unprocedural, and discriminatory, violating constitutional rights and statutory provisions under the Employment Act, 2007. The court determined that the Petitioner had not sufficiently proven an employment relationship, and the termination was not procedurally fair under section 45 of the Employment Act. The court found the Petitioner's claims for reinstatement, compensation, and statutory benefits were not supported by adequate evidence, and the petition was struck out due to failure to meet the threshold of proof for employment relationship and procedural fairness.

Mistry V. Naran Mulji&co VS Fredrick Charo Chengo

Division and case type: Employment and Labour Relations Court·Appeals

The court considered a dispute where the Appellant (employer) defended against claims by the Respondent (employee) for unfair termination, underpayment of wages, and other reliefs. The trial court found the Respondent was a regular employee, not casual, and that his employment was unfairly terminated without proper notice or payment. The court awarded compensation for unfair termination, payment in lieu of notice, and unpaid leave days, but declined other claims as time-barred under Section 90 of the Employment Act. The Appellant appealed, arguing errors in the trial court's findings on employment status, termination, and reliefs, but the court upheld the trial court's findings based on documentary evidence and statutory provisions.

Evans Ogutu Ouma VS County Assembly Of Migori AND Migori County Assembly Service Board

Division and case type: Employment and Labour Relations Court·Claim/Causes

The court dismissed the Applicant's claim due to preliminary objections raised by Respondents. The court found that the application was res judicata because similar orders were granted in Petition No. E032 of 2022, but the court determined that the previous ruling did not bar the current suit as the petition was not fully determined and the orders related to a different letter. The court also held that the Applicant's claim fell under the County Public Service, thus the Applicant should have exhausted dispute resolution mechanisms before seeking judicial review, and the court lacked jurisdiction to hear the claim under the relevant constitutional and statutory provisions.

Ougo Kayiemba Lazarus VS Migori County Public Service Board AND Oscar Olima AND 1 Others

Division and case type: Employment and Labour Relations Court·Petitions

The court addressed a preliminary objection to a motion filed by the Petitioner in the Employment and Labour Relations Court. The Respondents challenged the Petitioner's locus to institute the suit, arguing he lacked an employment or labour relationship with the Respondents, and claimed the court lacked jurisdiction due to the doctrine of exhaustion under constitutional and statutory provisions. The court found the Petitioner had locus as a public interest litigant under constitutional provisions, but ruled that the petition violated the doctrine of exhaustion by failing to exhaust remedies with the Public Service Commission before approaching the court, thus striking out the motion and petition in entirety.

END TO END LIMITED VS Kenya Revenue Authority

Division and case type: High Court Commercial and Tax·Commercial Income Tax Appeal

Martin Wamalwa Wanyonyi VS Seneca East Africa Limited

Division and case type: Appeals Division·Appeals

The Appellant appealed against the subordinate court's judgment dismissing the Claimant's suit, arguing that the trial court erred in law on multiple grounds including the termination being procedural, the Appellant's continuous employment as a machine operator, entitlement to house allowance, and the validity of the termination. The Appellant contended that the termination was unfair and procedurally flawed, citing constitutional and statutory provisions on fair labor practices. The Respondent countered that the Appellant failed to prove termination occurred, emphasizing the lack of credible evidence for termination and the Appellant's habitual absence from work. The appeal was disposed of by written submissions without a hearing, with the court not intervening on the specific issues raised.

Shaibu Yusuf Mwaichipanga VS The Republic

Division and case type: High Court Div·High Court Constitution and Human Rights Petitions (Criminal)

VERONICA WANJIKU T/A VEJORDIA GARDENS VILLA VS PETER OMIENA AMUKHULE

Division and case type: Employment and Labour Relations Court·Appeals

The court reviewed an appeal against a Chief Magistrate's judgment in a Nakuru Employment Labour Relations Court case where the Appellant challenged the award of Kshs. 100,000 compensation for unfair termination. The Appellant argued the trial court erred in law by misapplying section 49(1)(c) of the Employment Act, failing to comply with Rule 28(2) of the Employment and Labour Relations Court (Procedure) Rules 2016, improperly addressing corporate veil piercing, misinterpreting NSSF records, and awarding damages for public holidays and overtime contrary to the pleadings. The court allowed the appeal, setting aside the judgment, noting the trial court's errors in fact and law, and emphasizing adherence to pleadings and statutory provisions.

YAGNESH MOHANLAL DEVANI VS Abdul Zahir Sheikh

Division and case type: High Court Commercial and Tax·Commercial Matters

Moi Teaching & Referral Hospital Legal Office VS Robinson Kamau Njuguna

Division and case type: Employment and Labour Relations Court·Appeals

The court dismissed the Respondent's preliminary objection that the Appellant's Memorandum of Appeal was time-barred, finding that the appeal was filed within the statutory 30-day period for appeals from subordinate courts. The court determined that the statutory period for filing an appeal lapsed on 21st July 2024, which was a Sunday, and the Appellant filed the appeal on 22nd July 2024, the first working day after the expiry date, thus falling within the period. The court also noted that the Judiciary e-filing system issues from 17th to 21st July 2024, which caused the one-day delay, and that the delay was excusable under the statutory provisions for excluded days and good cause. The court held that the appeal was not time-barred and the preliminary objection was dismissed without costs.