Kenyan case law
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Julius Mwangi v Meridian Hotel Limited [2021] KEELRC 348 (KLR)
✦ The court found that the employer did not discharge its burden under sections 43 (1) and 45 (2) of the Employment Act, and thus, the claimant was not accorded a fair hearing.
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Daniel Mburu Muriu v Hygrotech East Africa Ltd [2021] KEELRC 316 (KLR)
✦ The court found the termination to be fair and lawful, and the Claimant is not entitled to the prayers in the claim.
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Raustus Ayua Odioko v China Wu Yi Company Limited [2021] KEELRC 138 (KLR)
✦ The court found the termination of the Claimant’s employment to be substantively unfair and procedurally fair.
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Onyango & 22 others v Nakuru County Government & 2 others (Miscellaneous Application E005 of 2021) [2021] KEELRC 2427 (KLR) (30 November 2021) (Ruling)
✦ A restraining order is issued against the respondents to stop recruitment and suitability tests.
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David Moshi Inganga v Association of Gaming Operators-Kenya (AGOK) [2021] KEELRC 362 (KLR)
✦ Claimant's termination was found to be wrongful and unlawful
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Orao Kennedy v Creative Consolidated Systems Limited [2021] KEELRC 310 (KLR)
✦ The court found the termination unfair and unlawful due to lack of reasons and failure to follow fair procedure.
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Nrg Media Limited v Charles Karumi Maina [2021] KEELRC 261 (KLR)
✦ The Court declines to make a determination of the dispute on a notice of motion application and restrains itself from rendering a decision on the merits or otherwise of the dispute.
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Kenya National Private Security Workers Union v Vickers Security Services Ltd [2021] KEELRC 349 (KLR)
✦ The termination of the grievant's employment was procedurally and substantively unfair.
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Janeth Chepkemoi Machira & another v Laikipia University [2021] KEELRC 314 (KLR)
✦ The application for stay of execution is allowed on the condition that the applicant deposits the entire decretal sum in an interest-earning account in a reputable bank within 30 days.
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Benjamin & 40 others v Kenya Medical Practitioners & Dentists Union & another; Commissioner for Labour & 73 others (Interested Parties) (Petition E080 of 2021) [2021] KEELRC 2314 (KLR) (29 November 2021) (Ruling)
✦ The Court orders the electronic record of the 6th May 2021 elections to be made available within 48 hours for 'read only' access supervised by the Deputy Registrar of the Court, with results to be filed within 2 days.
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Moses Mulongo & 22 others v Uasin Gishu County Government [2021] KEELRC 2388 (KLR)
✦ Petition dismissed without merit
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Bernard Kimutai Maiyo v Ampath Plus [2021] KEELRC 2399 (KLR)
✦ Suit is statute barred.
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Moses Kimutai Mneria v Teachers Service Commission [2021] KEELRC 2401 (KLR)
✦ Application is incompetent and is hereby dismissed with no order as to costs
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Bethuels Kim Korir Saina v Bliss GVS Healthcare Limited [2021] KEELRC 2398 (KLR)
✦ The court finds the claims without merit and dismisses them without costs.
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Shinyada v Judicial Service Commission (Petition E106 of 2020) [2021] KEELRC 5 (KLR) (26 November 2021) (Judgment)
✦ The court dismissed the petition, finding it unmerited and that reinstatement should only be granted sparingly.
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Joscarlos Abukuse Obaga v Global Cargo Movement Limited [2021] KEELRC 366 (KLR)
✦ The court set aside and altered the certificate of taxation, and ordered the taxing master to furnish reasons for the decision and apply the law correctly.
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Allied Workers Union v Aroma Fresh Bakers Limited [2021] KEELRC 2397 (KLR)
✦ The respondent is ordered to allow the Claimant union to enter its premises and recruit and renew its membership with the respondents employees for the purpose of signing a recognition agreement.
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Superior Homes (Kenya) Limited v Musango Kithome (Appeal 5 of 2021) [2021] KEELRC 2404 (KLR) (26 November 2021) (Judgment)
✦ The Appellant's appeal is upheld, and the case is remanded for a re-evaluation of the evidence and findings.
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Dominic John Mwinga v Autoexpress Limited [2021] KEELRC 249 (KLR)
✦ The termination was not unfair, and the claimant is not entitled to compensation or notice pay.
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Apex Steel Limited v Elijah Ongwenyi Manoti [2021] KEELRC 2383 (KLR)
✦ The appeal is allowed, and the suit is dismissed with costs.
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K.B. Sanghani & Sons v Peter Idewa Papa [2021] KEELRC 381 (KLR)
✦ The Court finds that there was no verbal termination and that the respondent absconded from duty.
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Kiptoo Hassan Chumba v Jagged Alliance Limited [2021] KEELRC 340 (KLR)
✦ The termination was found to be unfair due to the claimant raising a grievance about salary deduction. The claimant is awarded 4 months' compensation plus one month's pay in lieu of notice.
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Minaz Ismail Khamisa v Bhavin Motors Limited [2021] KEELRC 341 (KLR)
✦ The Court finds that the claimant was terminated from employment on May 22, 2017, and the termination was unfair. The Court awards 12 months' salaries in compensation and one-month notice pay. The claimant is entitled to the certificate of service, personal passport, and unpaid salary for 18 days in May 2017.
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Caroline Wanjiru Mwai v Labonte Limited & another [2021] KEELRC 32 (KLR)
✦ The court finds the application with merit and allows it, directing that the Bill of Costs dated 8th May, 2020 be re-taxed under the appropriate Schedule to the Advocates Remuneration Order and applying Schedule VII is in error.
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Republic v Cabinet Secretary Ministry of Finance & National Treasury & 2 others Ex Parte Commission for Human Rights and Justice (CHRJ) ; John Mwangemi (Interested Party) [2021] KEELRC 296 (KLR)
✦ The preliminary objection is dismissed with costs