Kenyan case law
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Kenya Plantations and Agricultural Workers Union v Exotic Penina Fields Group (Formerly Carnations Plants) (Cause 2045 of 2017) [2022] KEELRC 13349 (KLR) (1 December 2022) (Ruling)
✦ The application is dismissed with costs.
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Motari v Kisii Bottlers Limited (Cause 341 of 2015) [2022] KEELRC 13318 (KLR) (30 November 2022) (Judgment)
✦ The court finds no merit in the cause and dismisses it with no order on costs.
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Mokaya v National Police Service & 2 others (Petition E018 of 2021) [2022] KEELRC 13338 (KLR) (30 November 2022) (Ruling)
✦ The Petition is not time-barred and the Respondents failed to communicate the decision on the appeal to the Petitioner
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Mokaya v Mini Bakeries Ltd (Appeal E034 of 2021) [2022] KEELRC 13327 (KLR) (30 November 2022) (Judgment)
✦ The court finds the termination of employment unfair and orders reinstatement and compensation.
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Naftaley v Cooperative Society Ltd (Cause 475 of 2017) [2022] KEELRC 13332 (KLR) (30 November 2022) (Judgment)
✦ Termination was declared unfair, and the Respondent is ordered to pay compensation equivalent to 12 months' salary, notice, annual leave, and 13 days' salary for August 2016.
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Sheria Mtaani na Shadrack Wambui v Cabinet Secretary, Ministry of Transport, Infrastructure, Housing and Urban Development & 2 others; Ndirangu & another (Interested Parties) (Petition 95 of 2022) [2022] KEELRC 13340 (KLR) (30 November 2022) (Ruling)
✦ The preliminary objection is declined
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Kenya Chemical Workers Union v Silaafrica Limited (Cause E074 of 2021) [2022] KEELRC 13337 (KLR) (30 November 2022) (Ruling)
✦ The application is declined as it is not in the interest of the grievant and would subvert the claim.
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Mathenge v KCB Bank (K) Limited (Cause 118 of 2020) [2022] KEELRC 13346 (KLR) (30 November 2022) (Judgment)
✦ The court finds the summary dismissal valid but flawed in procedure. The claimant is entitled to half a month's salary in compensation for unfair termination and salary arrears.
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Onyango v Governor, County Government; County Public Service Board, Homa Bay County (Interested Party) (Petition E034 of 2022) [2022] KEELRC 13314 (KLR) (30 November 2022) (Judgment)
✦ The court finds that the Governor did not violate any rights of the Petitioner by not swearing him or issuing him an appointment letter. The Petitioner did not demonstrate that the Governor violated any law or his right to legitimate expectation.
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Hacienda Logistics Limited v Muturi (Appeal 159 of 2021) [2022] KEELRC 13426 (KLR) (30 November 2022) (Judgment)
✦ The appeal is dismissed with partial variations, including setting aside the award of severance pay and leave pay, and revising the award of compensation to Kshs 200,000.
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Ombui & 12 others v Hamisi Njenga t/a Premier Technical Consultants & Emec Services (Cause 490 of 2016) [2022] KEELRC 13317 (KLR) (30 November 2022) (Ruling)
✦ The respondent's application for stay of execution, setting aside of ex parte judgment, and leave to respond is dismissed. Costs are awarded to the claimants.
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Mbogo v ASP Company Limited (Appeal E103 of 2021) [2022] KEELRC 13308 (KLR) (30 November 2022) (Ruling)
✦ The Court grants the Appellant's Application for leave to file an Appeal out of time, but the Appellant must file and serve her Record of Appeal within 60 days of this Ruling and Notice of Appeal within 14 days.
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Muhanji v Bhaga (Cause 948 of 2016) [2022] KEELRC 13330 (KLR) (30 November 2022) (Judgment)
✦ The court finds the claimant's termination was unfair and orders the respondent to pay compensation equivalent to 12 months' salary.
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Kiema v Chandaria Brothers Ltd (Cause 986 of 2016) [2022] KEELRC 13331 (KLR) (30 November 2022) (Judgment)
✦ Termination was unfair and the claimant is entitled to compensation.
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Kenya National Union of Nurses v Cabinet Secretary Ministry of Public Service, Youth and Gender Affairs & 2 others; National Employment Authority (Interested Party) (Petition 113 of 2019) [2022] KEELRC 13333 (KLR) (30 November 2022) (Judgment)
✦ The petition is declined.
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Akumu & another v Independent Electoral & Boundaries Commission [IEBC] (Cause 1709 of 2016) [2022] KEELRC 13309 (KLR) (30 November 2022) (Judgment)
✦ The Court declared the termination unfair and ordered the Respondent to pay compensation and release Certificates of Service.
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Arati & another v Achievo Limited (Cause 1349 of 2017) [2022] KEELRC 13307 (KLR) (30 November 2022) (Ruling)
✦ The application is allowed, and the consolidated claims are reinstated. The claimants shall file and serve their submissions within 14 days of the ruling, and the respondent shall do the same within 14 days of service. Mention is reserved for January 31, 2023.
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Ashira & 6 others (All suing on behalf of the proposed Kenya Environmental Health and Public Health Practitioner’s Union) v Registrar of Trade Unions; Public Health Officers and Technicians Council & 2 others (Interested Parties) (Appeal E144 of 2021) [2022] KEELRC 13311 (KLR) (30 November 2022) (Judgment)
✦ The Appeal is allowed. The decision of the Respondent to decline registration is quashed. The Respondent shall immediately register KEHPHPU and enter its name in the appropriate register of Trade Unions.
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Otiende v Trustees of Premier Academy Charitable Trust t/a Premier Academy (Cause 2167 of 2017) [2022] KEELRC 13362 (KLR) (30 November 2022) (Judgment)
✦ The claimant was not terminated, and she is not entitled to compensatory damages for unfair termination.
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Oduol v County Public Service Board of Siaya & another (Petition 34 of 2020) [2022] KEELRC 13313 (KLR) (30 November 2022) (Ruling)
✦ The Court dismissed the application and struck out the petition with costs.
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Kenya Chemical & Allied Workers Union v Henkel Chemicals East Africa Limited (Cause E6488 of 2020) [2022] KEELRC 13310 (KLR) (30 November 2022) (Judgment)
✦ The claim is declined and costs are awarded to the respondent.
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Munyi v Kenya Chemical Workers Union (Cause E0123 of 2022) [2022] KEELRC 13315 (KLR) (30 November 2022) (Ruling)
✦ The dismissal was not unfair, and the documents are not private and confidential.
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Kenya Concrete Ceramic Tiles, Interior Design Workers Union & 4 others (Suing as the appointed representatives of the Intended Affiliates of COTU) v Central Organization of Trade Unions [K]; Cabinet Secretary Ministry of Labour & another (Interested Parties) (Petition E025 of 2021) [2022] KEELRC 13312 (KLR) (30 November 2022) (Ruling)
✦ The application for review of judgment is declined, and the judgment declining the petition is sustained.
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Ipomai v Sanlam Kenya PLC (Cause 263 of 2018) [2022] KEELRC 13336 (KLR) (30 November 2022) (Ruling)
✦ The Claimant is allowed leave to amend her Statement of Claim, but the Drafts filed with the Application are not to be deemed as properly filed and served.
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Igonyi & 66 others v Ogembo Tea Factory Ltd (Cause 286 of 2016) [2022] KEELRC 13325 (KLR) (30 November 2022) (Ruling)
✦ The motion is dismissed with costs as there is no merit in it.