Industrial·CBA No. CA 248 of 201424 December 2014 employment labourstatutory interpretationcontract lawadministrative lawultra vires
Industrial·Application for Review dated 30th July 201422 December 2014 employment labourcivil procedureburden of proofadditional evidencejudicial discretion
Industrial·Not stated in judgment19 December 2014 A Kenyan employer who dismisses staff without a hearing and without proof must pay damages, even where theft is alleged.
employment labourburden of prooffair hearingdamagesremedies
Industrial·Not stated in the judgment text provided19 December 2014 A Kenyan court awarded a dismissed bus driver his contractual dues but ruled that firing without a stated reason breaches contract, not nece
employment labourcontract lawremediesdamagesburden of proof
Industrial·ICC No. 116 of 2014 (consolidated with ICC Nos. 117–162/2014 and 175–195 of 2014)19 December 2014 A Kenyan court ruled 68 piece-rate salt workers were real employees, awarding them pay for unfair, unprocedural termination.
employment labourcontract lawburden of prooflimitation of actionsdamages
Industrial·Not stated in judgment (suit filed 26/3/2013)19 December 2014 employment labourcivil procedurejoinderpreliminary objectionjudicial discretion
Industrial·Cause No. 377 of 201417 December 2014 Kenya's Employment Court dismissed a union's duplicate lawsuit, ruling that where a court order already exists, the remedy is contempt proce
employment labourabuse of processres judicatacivil procedurestriking out
Industrial·Not stated in judgment (Application dated 16th May 2014)17 December 2014 The Employment Court refused to jail employers for contempt because the ex-employee couldn't prove deliberate disobedience beyond reasonable
employment labourcontempt of courtburden of proofstandard of proofinjunction
Industrial·Notice of Motion dated 22nd August 2014 (seeking transfer of CMCC 5042 of 2006)17 December 2014 Kenya's Employment Court confirmed that an employment suit first filed in a magistrates' court can be transferred to it, even years after fi
employment labourjurisdictioncivil procedurejudicial discretioninterlocutory relief
Industrial·Not stated in the judgment16 December 2014 A Kenyan court refused to reopen an employment case because a signed discharge voucher stating 'no other claims' was final and binding.
employment labourcivil procedurejudicial discretionburden of proofremedies
Industrial·Not stated in judgment16 December 2014 A casual worker who stays on the job past two months becomes a monthly employee under Kenyan law and can claim full benefits.
employment labourcontract lawburden of proofremediesdamages
Industrial·Cause 763 of 201216 December 2014 A Kenyan court upheld an employee's summary dismissal for faking attendance records, confirming employers win when their own records prove m
employment labourburden of proofdamagesremediescivil procedure
Industrial·Not stated in the judgment10 December 2014 An employee who claims unfair dismissal in Kenya must prove when and how it happened — otherwise the claim collapses and desertion is presum
employment labourburden of proofcontract lawdamagesevidence
Industrial·Not stated in judgment10 December 2014 employment labourfair hearingremediesdamagesburden of proof
Industrial·Not stated in the judgment10 December 2014 A Kenyan employer lost Ksh. 189,425 for failing to prove it notified the labour officer and union before declaring a worker redundant.
employment labourburden of proofremediesdamagescontract law
Industrial10 December 2014 A Kenyan court ruled a security guard's dismissal unfair because the employer couldn't prove both a valid reason and a fair disciplinary hea
employment labourburden of proofnatural justicefair hearingremedies
Industrial·Not stated in the judgment10 December 2014 employment labourstriking outlocus standijoinderburden of proof
Industrial·Not stated in the judgment10 December 2014 employment labourdamagesburden of prooflimitation of actionsremedies
Industrial·Not stated in the judgment5 December 2014 A Kenyan court ruled that a 'volunteer' teacher was actually an employee, awarding Ksh.60,000 because keeping written contracts is the emplo
employment labourcontract lawburden of proofdamagesremedies
Industrial·Not stated in the judgment5 December 2014 A Kenyan court awarded a sacked teacher salary arrears, notice pay and service pay, but clarified that termination without notice is wrongfu
employment labourcontract lawburden of proofdamagesremedies
Industrial·Notice of Motion dated 15/9/2014 in suit re HCC No. 354 of 2009 decree execution5 December 2014 A Kenyan court stopped the auction of land belonging to a company because it was legally separate from the indebted company.
civil procedureland lawcompany lawburden of proof
Industrial·Not stated in judgment5 December 2014 A Kenyan employer who reinstates an employee after a disciplinary hearing cannot dismiss him days later on new evidence without giving him a
employment labourburden of proofnatural justicefair hearingremedies
Industrial·Not stated in judgment5 December 2014 Kenya's Employment Court ruled that an employer who fires without a hearing and deducts terminal dues without a counterclaim must pay up.
employment labourburden of prooffair hearingnatural justicedamages
Industrial·Not stated in the judgment (plaint filed on 1-4-2010)5 December 2014 A former police officer lost his wrongful dismissal suit because he skipped his disciplinary hearing, never appealed, and raised new claims
employment labourfair hearingburden of prooflimitation of actionsremedies
Industrial·Not stated in judgment5 December 2014 A Kenyan court threw out a lender's attempt to stop asset seizure because its charge was never registered within the required 42 days.
commercial lawbanking financeinsolvencycivil procedurestatutory interpretation