Kenyan case law
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Joseph Omollo v Board Management Kisumu Boys High School [2016] KEELRC 150 (KLR)
✦ Claimant was an employee of the Respondent from May 20, 2013 to January 30, 2015. The Respondent was not entitled to terminate the Claimant unfairly.
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Julius Kipketer Rugut v Elgon View College [2016] KEELRC 293 (KLR)
✦ The Court dismisses the Claimant's appeal with costs to the Respondent.
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Kenya Union of Commercial Food and Allied Workers v Kitui Water and Sanitation Company [2016] KEELRC 418 (KLR)
✦ The grievant is entitled to full pay for the period he was not assigned duties (Kshs.358,496.00). The termination was unfair, and the grievant is awarded 12 months' compensation for the unfair termination (Kshs.268,872.00). The grievant is not entitled to reinstatement until the mandatory age of retirement.
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Lucy Wangari Kariuki v Kangunu Farmers Co-operative Society Limited [2016] KEELRC 356 (KLR)
✦ The court finds that the dismissal was not unfair and the claimant is not entitled to any of the remedies as prayed for.
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Miriam Nkatha Riungu v Meru County Investment & Development Corporation [2016] KEELRC 390 (KLR)
✦ The termination was unfair and the claimant is entitled to reinstatement and compensation.
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David Owen Mboya v Uchumi Supermarkets Limited [2016] KEELRC 187 (KLR)
✦ The show cause letter is null and void and the Claimant is to be reinstated
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Daniel Gitau Karuga v Elite Earth Movers Limited [2016] KEELRC 410 (KLR)
✦ The termination was found to be unfair due to lack of a valid reason for termination. The claimant is entitled to one month pay in lieu of notice and 12 months' salary in compensation.
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Kudheiha Workers v Mahiga Girls High School [2016] KEELRC 409 (KLR)
✦ The suit is time-barred under section 90 of the Employment Act, 2007 and is hereby dismissed with each party bearing their own costs.
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Paul Muthiani Ngoleni v Tamimi Limited [2016] KEELRC 379 (KLR)
✦ The termination was not valid and fair, and the claimant is entitled to compensation and terminal benefits.
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Kenya Union of Commercial Food and Allied Workers v Tusker Mattresses Limited [2016] KEELRC 261 (KLR)
✦ The Court finds that the termination was lawful and fair, and the remedies sought are not merited.
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Jonathan Masila Mutia v Leo Investments Limited [2016] KEELRC 269 (KLR)
✦ The Objector's application is dismissed with costs to the Claimant
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Michael Owino Alego v Kabuito Contractors Limited [2016] KEELRC 391 (KLR)
✦ Claimant was employed on a permanent and continuous basis from November 2010 to July 2012. The termination was lawful and fair, except for unpaid holidays.
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Michael Kiio Ireri v Embu Water & Sanitation Company Limited & 12 others [2016] KEELRC 407 (KLR)
✦ The court finds that the claimant was reinstated to serve a one-year fixed term contract running from February 1, 2015, to January 31, 2016, and the respondents did not disobey the court's orders.
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Bernard Nyariki Kebwage v Town Council of Kangundo [2016] KEELRC 301 (KLR)
✦ The Claimant was a regular employee under term contract. The termination of the Claimant's employment was unjustifiable and unfair, and he is entitled to compensation.
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Republic v Kenya National Examination Council ex parte Thomas Mackenzie [2016] KEELRC 404 (KLR)
✦ The court found that the suspension was not unlawful and that the respondent did not violate the Rules of natural justice.
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Kenya Plantation & Agricultural Workers Union v Greystone Farm (formerly Equatorial Nut) Limited [2016] KEELRC 413 (KLR)
✦ The court finds that the termination was unfair and that the grievants are entitled to 12 months' salaries for unfair termination, one month pay in lieu of termination notice, and gratuity as computed in the amended memorandum of claim.
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Lydia Temko Nandemu v Masinde Muliro University of Science and Technology [2016] KEELRC 143 (KLR)
✦ The court held that the applicant is entitled to the orders lifting the suspension as the suspension period of 21 days has lapsed without any investigations or disciplinary process concluding.
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Jared Mwinami Akali v Teachers Service Commission [2016] KEELRC 123 (KLR)
✦ The claim is statute barred and the court dismisses the claim.
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Kenya Union of Hair and Beauty Workers v Solpia Kenya Limited [2016] KEELRC 23 (KLR)
✦ The court dismissed the application, finding that the claimant union lacked standing to file the application as Mr. Mwaura, the person who filed the application, is not the General Secretary of the claimant union and does not have the authority to represent the union in court.
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Peter Kipyegon Kirui v Agricultural Development Co-operation & 2 others [2016] KEELRC 86 (KLR)
✦ The court has jurisdiction to hear all matters arising out of an employment relationship and the claim for malicious prosecution is not peacemeal.
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Bigot Flower (K) Ltd v Julius Mwaniki Wachira [2016] KEELRC 318 (KLR)
✦ The Court finds no legal reason or cause to disturb the findings and holdings by the subordinate court, with the effect that the appeal is dismissed.
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Evans Kamanda Kivochi v Eldoret Mattresses Ltd [201`6] eKLR [2016] KEELRC 307 (KLR)
✦ The Claimant is ordered to pay Kshs 15,000 as costs within 30 days, with the possibility of dismissal if not paid.
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Corporal Andrew Arisa v National Police Service Commission & 3 others [2016] KEELRC 319 (KLR)
✦ The court dismisses the motion for interim conservatory orders and reinstatement, finding that reinstatement is a final remedy and that the employment relationship was terminated more than 8 years ago.
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Josphat Macharia Gathii v Kundan Singh Internaional Ltd & Geoffrey Kariuki [2016] KEELRC 328 (KLR)
✦ The Court declines to grant any of the orders sought in the motion and dismisses the motion with costs to the Claimant.
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Republic v Attorney General & 2 others ex parte David Wanyonyi [2016] KEELRC 296 (KLR)
✦ The motion is dismissed with costs to the Respondents