Kenyan case law
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Kenya Quarry and Mine Workers Union Kenya Builders & Concrete Co. Ltd [2020] KEELRC 313 (KLR)
✦ The Court dismissed the suit, finding that the claimant has not shown that it requested for the Minister's order and obtained the same, thus failing to satisfy the statutory requirement for deduction of agency fees.
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Johnson Bironga v Eldo-Rosta Construction Co. Ltd [2020] KEELRC 1912 (KLR)
✦ Claimant's dismissal was unfair as it was not for chronic absenteeism but for failing to attend a disciplinary meeting.
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Peter Juma Simiyu v Jamii Bora Bank Ltd [2020] KEELRC 331 (KLR)
✦ The application is dismissed. The bank is awarded as prayed for, and the prayer was never for a retroactive application of the interest rate of 10.5%. The interest applied effective the date of the judgment. The PAYE rates applicable are as at the date of the judgment. The stay of execution in order 6 in the judgment is extended to 01.12.2020.
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David Kamau Ndege v Principal Secretary, Ministry of Health & 2 others; Public Service Commission & another (Interested Parties) [2020] KEELRC 308 (KLR)
✦ The Court finds the disciplinary letter dated 05.09.2018 oppressive and in violation of the petitioner's rights. The petitioner is awarded all withheld salaries and an order is issued for immediate payment of arrears and future salary.
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Peter Mulaa Mutunga v Rubi Plastic Industries [2020] KEELRC 334 (KLR)
✦ The appeal fails and is dismissed.
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Kenya Private Universities Workers Union v United States International University [2020] KEELRC 284 (KLR)
✦ The court dismissed the application as res judicata, as the issue of access for recruitment was already determined in a previous order.
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Cyprian Mutembei Ndiga v Brinks Security Services Ltd [2020] KEELRC 316 (KLR)
✦ The termination of the Claimant's employment was substantively and procedurally unfair, and he is entitled to compensation.
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Corporal Thomas Othoo v National Police Service Commission & 3 others [2020] KEELRC 286 (KLR)
✦ A stay of execution of the 2018 judgment is granted pending the hearing of the Petitioner's appeal.
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John Waweru Njenga & 5 others v Motor Botique Limited [2020] KEELRC 332 (KLR)
✦ The court allows the application and sets aside the ex-parte dismissal, reinstates the suit for hearing, and grants a priority hearing date.
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Law Society of kenya v Cabinet Secretary for Tourism And Wildlife, Tourism Regulatory Authority Board & Attorney General; Kevin Muasya, Alais Lenana Momoi, Isaac Muchiri Njangu, Pauline Njoroge & Najma Ismael (Interested Parties) (Petition 129 of 2020) [2020] KEELRC 295 (KLR) (Employment and Labour) (22 October 2020) (Ruling)
✦ The Court grants interim injunctive relief suspending the appointment of the Interested Parties as members of the Tourism Regulatory Board for a period of three years.
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Omungala v Nestle Kenya Limited (Cause 195 of 2019) [2020] KEELRC 318 (KLR) (22 October 2020) (Ruling)
✦ The application is allowed, the suit is struck out against the applicant for misjoinder of parties.
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Matilda Tenge Mwachia v Kenya Industrial Estate Limited & another [2020] KEELRC 292 (KLR)
✦ The application for stay cannot be granted, and the interim ex parte stay orders are lifted.
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Lillian W. Mbogo-Omollo v Cabinet Secretary Ministry of Public Service and Gender & another [2020] KEELRC 344 (KLR)
✦ The removal of the Petitioner was unconstitutional
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Charles Maringo v National Council of Churches of Kenya & another [2020] KEELRC 269 (KLR)
✦ The Claimant is entitled to outstanding salaries and benefits for the period May 2019 to September 2019.
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Kenya Medical Practitioners, Pharmacists & Dentists Union & 61 others v County Government of Laikipia & another; Public Service Commission (Interested Party) [2020] KEELRC 1887 (KLR)
✦ The court adopts the Public Service Commission's ruling of August 12, 2020 as an order of the court and directs the respondents to commence implementation of the ruling.
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Nelson Theuri Kimotho v Anchor Group of Companies & another [2020] KEELRC 49 (KLR)
✦ Objector's objection is dismissed with costs, execution may proceed
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Republic v Public Service Commission; Ex-parte Applicant:County Government of Laikipia ; Laikipia County Public Service Board & another (Interested Parties) [2020] KEELRC 51 (KLR)
✦ The leave to commence judicial review is granted, and the leave granted to operate as an order of status quo.
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David Mutahi Muthoni v Karatina University [2020] KEELRC 74 (KLR)
✦ The motion to set aside the dismissal and reinstate the suit is dismissed with costs to the Respondent.
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Pascalia Mwende Matheka v Silverbird Travel Plus Limited & another [2020] KEELRC 359 (KLR)
✦ The Court of Appeal may on its own motion or on application by any party make the order that the notice of appeal stands withdrawn.
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Okiya Omtatah Okoiti v Public Service Commission & 3 others [2020] KEELRC 328 (KLR)
✦ The Court orders that section 35(1)(a)(v) of the Universities Act supersedes the provisions of section 39(1)(a) of the Act in respect to the recruitment of public universities Vice-Chancellors and Deputy Vice-Chancellors and Principals and Deputy Principals of Constituent Colleges.
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Convine Omondi Nyamweya v Geothermal Development Co Ltd [2020] KEELRC 341 (KLR)
✦ The Court orders that the Statement of Claim and accompanying documents are hereby deemed as having been filed on 14 April 2020, the assessed fees having been paid on 11 May 2020.
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Rishi Prakash Aggarwal v Scanad (Scan Group) Kenya Ltd [2020] KEELRC 345 (KLR)
✦ The Petition is found without merit and is dismissed.
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Clerk,Nairobi City County Assembly v Speaker, Nairobi City County Assembly & another; Orange Democratic Party & 4 others (Interested Parties) [2020] KEELRC 353 (KLR)
✦ The Court finds that the petition meets the threshold set out in Anarita Karimi Njeru and that the Petitioner has not proved the alleged violations.
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Management Sports Kenya & another [2020] KEELRC 350 (KLR)
✦ The Court finds that the respondents violated the petitioner's and its affected members' rights under Articles 27, 41, and 43 of the Constitution. The Court grants the petitioner's claims and orders the 1st respondent to pay all monies deducted from the basic salary from July 2019 to affected grievants, reinstate the basic salaries as at June 2019, and pay interest on the principal sum until full payment.
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Kenya National Private Security Workers Union v Homeland Security Services Ltd [2020] KEELRC 323 (KLR)
✦ The application is dismissed with orders to apply or compromise on the appropriate steps in the suit, and the order given on 02.05.2019 is corrected.