Kenyan case law
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Gitahi & 2 others v Kiungu (Suing as the Legal Representative of the Estate of George Waitara Wangui – Deceased) (Civil Appeal 1 of 2019) [2019] KEELRC 2617 (KLR) (20 November 2019) (Judgment)
✦ The appeal is dismissed. The learned trial court's judgment is upheld. The appellants are mulcted with costs for the failed attempt in appeal.
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Jones Ndambuki Muoka v Sat Joiners Limited [2019] KEELRC 230 (KLR)
✦ The dismissal was wrongful and the Claimant is entitled to compensation and other benefits.
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Noah Kipkoech Kosgei v Principal Secretary Ministry of Interior National Government & others [2019] KEELRC 2600 (KLR)
✦ Petitioner was lawfully and procedurally appointed as Chief Chemundu Location, but dismissal was unlawful and unfair.
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Brian Wibo Mugendi v County Government of Tharaka Nithi & another [2019] KEELRC 282 (KLR)
✦ The Claimant's claim is dismissed as he was unprocedurally employed and cannot recover even if he had proved his case.
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Kenya Union of Commercial Food & Allied Workers (KUCFAW) v Mugoiri Five Farmers Co-operative Society [2019] KEELRC 304 (KLR)
✦ The claim is dismissed with no order as to costs as the Claimant lacks locus standi and the claim is stale.
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John Wekesa Wanjala v Murang’a University of Technology [2019] KEELRC 308 (KLR)
✦ The dismissal was not in accordance with the terms of service and due process was not followed. The Claimant is awarded compensation for one month and dismissed from service.
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Clerk, Nairobi City County Assembly v Speaker Nairobi City County Assembly & another; Orange Democratic Party & 4 others (Interested Parties) [2019] KEELRC 309 (KLR)
✦ The court dismissed the Notice of Preliminary Objection (PO) as ground 4 raised a factual question requiring evidence, while grounds 2 and 3 were overtaken by events.
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Jacob Okeche v Wadia Construction Limited [2019] KEELRC 319 (KLR)
✦ The application is dismissed with costs and parties to take steps for expeditious determination of the suit
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Benson Oyugi Ambuni v Union of Kenya Civil Servants [2019] KEELRC 335 (KLR)
✦ The Court finds that the Union breached its duty of fair representation to the Claimant and orders compensation for loss of employment and funeral expenses.
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Margaret Lihabi Ngaira v Nick Kariuki [2019] KEELRC 320 (KLR)
✦ The Court finds that the termination was fair but there was a breach of contract and underpayment of wages.
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Paul Mutuku Mulwa v Board of Management Mbooni Boys High School [2019] KEELRC 323 (KLR)
✦ The court allowed the application, reopened the defence case, granted leave to prosecute the same, and awarded throwaway costs to the Claimant.
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Okiya Omtatah Okoiti & another v Cabinet Secretary for Information, Comminications and Technology & 2 others ;Mahmoud Mohamed Noor (1st Interested Party ) & 9 others [2019] KEELRC 283 (KLR)
✦ The court declared that the appointments were unconstitutional and null and void.
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County Government of Mandera & another v Attorney General & another; Hussein Dayow Abdullahi & 3 others (Interested Parties) [2019] KEELRC 321 (KLR)
✦ The petition is partially dismissed, and the application for a conservatory order is dismissed. The residual claims and prayers will proceed to full hearing.
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Mr. Ronoh Sitienei & 4 others v Pharmacy & Poisons Board; Attorney General & 4 others Interested Party [2019] KEELRC 247 (KLR)
✦ The Court declared that the petitioners and interested parties are entitled to the protection of their fundamental rights and freedoms under the Constitution, and that the revocation of their appointments and the appointment of a new board were unconstitutional and null and void.
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Daniel Kimaketi Ndiwa v Devki Steel Mills [2019] KEELRC 340 (KLR)
✦ The court finds the claimant entitled to Kshs.143,467.20 in overtime pay and dismisses the claims for service pay and leave allowance.
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Michael Mwangi Wamwea v Brinks Security Services Limited [2019] KEELRC 315 (KLR)
✦ The Respondent is ordered to pay the Claimant one month's salary in lieu of notice, one month's salary as compensation for unlawful termination, and costs of the suit.
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Nicholas Kiplagat Kimechwa v Kenya Pipeline Company Ltd [2019] KEELRC 2609 (KLR)
✦ The Court found that the Claimant was dismissed for negligence and that he was not given a fair hearing before termination.
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Lear Wairimu Kiritu v Maridadi Flowers Limited [2019] KEELRC 2583 (KLR)
✦ The claim is dismissed with costs to the respondent.
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Stephen K. Kiyen v Kenya Farmers Association [2019] KEELRC 2604 (KLR)
✦ The application is unsuccessful and dismissed with costs
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Kenya National Private Security Workers Union v S. I Security Limited [2019] KEELRC 2603 (KLR)
✦ The claim is dismissed without merit
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Benson Macharia Mwangi v Board of Governors Kangema High School [2019] KEELRC 336 (KLR)
✦ The suit is dismissed as the claimant failed to prove the dismissal was unfair, unlawful, or in contravention of the Constitution. The respondent is granted costs for failing to participate in the suit.
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Martin Ratemo Nixon v Jumbo North East Africa Mills Limited [2019] KEELRC 2606 (KLR)
✦ The termination of the Claimant's service was unfair in terms of procedure.
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Paul Kipkemoi Kiptoo v Board of Trustees National Social Security Fund (NSSF) [2019] KEELRC 2584 (KLR)
✦ The court reviews its judgement and awards salary arrears of Ksh.3,535,906.00
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Kigen Festus Kiprono v Lessos Veterinary Supplies Ltd [2019] KEELRC 2601 (KLR)
✦ The Court finds the Claimant guilty of non-disclosure of the real reason for termination and dismisses the claim with costs.
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Peter Nderi Muya v Ms. Ruth Nyambura T/A Oakridge Academy [2019] KEELRC 314 (KLR)
✦ The suit is dismissed but each party will bear their own costs.