Kenyan case law
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Muli & 29 others v Kenya Planters Co-operative Union Limited (Cause 1224 of 2017) [2024] KEELRC 13330 (KLR) (5 December 2024) (Judgment)
✦ The claims for terminal dues are dismissed as the claimants failed to meet the required standard of proof.
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Sidika v Judicial Service Commission (Cause E039 of 2023) [2024] KEELRC 13348 (KLR) (5 December 2024) (Judgment)
✦ The dismissal was not unfair as the employer adhered to the procedural fairness requirements of the Employment Act.
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Kunga v Remu Microfinance Bank Limited (Cause 185 of 2016) [2024] KEELRC 13332 (KLR) (5 December 2024) (Ruling)
✦ The Respondent's application for review of the costs order is declined, and the previous order that each party bear their own costs is upheld.
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Kangogo v Consumer Grassroots Association (Cause E1005 of 2023) [2024] KEELRC 13335 (KLR) (5 December 2024) (Ruling)
✦ Respondent's Preliminary Objection is dismissed with costs.
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Kerio Valley Development Authority v Kipkorir (Employment and Labour Relations Appeal E018 of 2022) [2024] KEELRC 13347 (KLR) (5 December 2024) (Quantum Judgment)
✦ The judgment of the trial court in the sum of Kshs. 511,895.57 is confirmed. The tax waiver is not payable to the Respondent as it was applied to the outstanding loan owed by the Respondent to the Sacco. The Respondent shall be charged interest from the date of the trial court judgment.
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Republic v Oxfam GB; Bobson (Exparte Applicant) (Judicial Review E001 of 2024) [2024] KEELRC 13359 (KLR) (5 December 2024) (Ruling)
✦ The court quashes the Respondent’s appeal decision and the disciplinary proceedings leading to it, and orders the Respondent to expunge the warning letter from the Applicant's employee records.
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Alila v Teachers Service Commission (Judicial Review 3 of 2020) [2024] KEELRC 13360 (KLR) (5 December 2024) (Ruling)
✦ The application is granted, the dismissal order for want of prosecution is set aside, and the suit is reinstated to its former status.
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Onyango v Bukuria Schools Limited (Miscellaneous Case E086 of 2024) [2024] KEELRC 13351 (KLR) (5 December 2024) (Ruling)
✦ The court grants the applicant's notice of motion and allows the appeal out of time.
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Kituku v Jubilee Party of Kenya (Employment and Labour Relations Cause E6515 of 2020) [2024] KEELRC 13358 (KLR) (5 December 2024) (Judgment)
✦ The court finds the non-payment of the claimant's salary unlawful and unfair, and orders the respondent to pay Kshs. 2,240,000 for the months of May 2020 to June 2021.
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Chesang v Board of Management Christ the King High School Kemeliet & another (Petition E010 of 2024) [2024] KEELRC 13627 (KLR) (5 December 2024) (Judgment)
✦ The court has jurisdiction to determine the Petition and the Petition meets the threshold of a constitutional petition.
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Tonui & another v Kenya Union of Post Primary Education; Registrar of Trade Unions (Interested Party) (Petition E045 of 2024) [2024] KEELRC 13328 (KLR) (5 December 2024) (Ruling)
✦ The Court finds that the Respondent's Notice of Preliminary Objection meets the threshold in the Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd case.
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Adul & 49 others v Clerk, County Assembly of Kisumu & 2 others (Judicial Review E035 of 2024) [2024] KEELRC 13341 (KLR) (5 December 2024) (Ruling)
✦ The Court finds the Notice of Preliminary Objection not merited and the application not procedurally defective.
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Akinyi v Homa Bay County Assembly & 4 others (Petition E023 of 2024) [2024] KEELRC 13326 (KLR) (5 December 2024) (Ruling)
✦ Court has jurisdiction to hear the petition and application
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Manyasa v Director, Directorate of Criminal Investigations (Judicial Review E044 of 2024) [2024] KEELRC 13368 (KLR) (5 December 2024) (Ruling)
✦ The application is dismissed as the court finds no merit in it.
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Kenya Union of Domestic, Hotels, Education Hospitals & Allied Workers v Board of Management Thika High School & another (Cause E6535 of 2020) [2024] KEELRC 13329 (KLR) (5 December 2024) (Ruling)
✦ The Respondents' objection is dismissed
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Mwangi v Attorney General & another; Public Service Commission & 2 others (Interested Parties) (Employment and Labour Relations Petition E110 of 2024) [2024] KEELRC 13338 (KLR) (5 December 2024) (Judgment)
✦ The court held that the issue in the petition falling within the retirement age of an employee was a matter for which the court had jurisdiction. The court noted that the directive was restating the law and there was therefore no addition or indication that the President was usurping the role of other Government institutions or organs.
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Vishva Builders Limited v Musindalo (Employment and Labour Relations Appeal 2 of 2020) [2024] KEELRC 13352 (KLR) (5 December 2024) (Judgment)
✦ The court held that Musindalo's employment was unlawfully terminated by Vishva Builders Limited.
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Edward v Public Service Commission & 4 others (Petition E062 of 2022) [2024] KEELRC 13394 (KLR) (5 December 2024) (Judgment)
✦ The court finds that the Petitioner's constitutional rights were not infringed or threatened by the redeployment letters.
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Oron v Mediheal Hospital Fertility Centre (Cause E024 of 2022) [2024] KEELRC 13355 (KLR) (5 December 2024) (Judgment)
✦ The termination of the Claimant's employment was unfair and without reason, and he is entitled to compensation and other remedies.
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Odhiambo v Chatur t/a Sooper Guest House (Appeal E022 of 2024) [2024] KEELRC 13327 (KLR) (5 December 2024) (Judgment)
✦ The Court held that the termination of employment was a mutual separation due to the unforeseeable COVID-19 pandemic, and thus the Respondent could not be blamed for the separation.
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Muturi v Kenya Forestry Research Institute (Cause E6522 of 2020) [2024] KEELRC 13333 (KLR) (5 December 2024) (Ruling)
✦ The application dated 17th May 2024 is dismissed with costs
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Kenya Union of Domestic Hotels Educational Institutions Hospitals And Allied Workers( KUDHEIHA) v Board of Management of Ugenya Diploma Primary Teachers Training College (Cause E052 of 2024) [2024] KEELRC 13350 (KLR) (5 December 2024) (Ruling)
✦ The court dismisses the preliminary objection and remands the case to the ELRC at Kisumu.
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Odindo & 13 others v County Government of Kisumu (Judicial Review E024 of 2024) [2024] KEELRC 13340 (KLR) (5 December 2024) (Ruling)
✦ The Court finds the County Government breached the applicants' legitimate expectation and issues an order of mandamus to compel payment
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King’oo v Treadsetters Tyres Limited (Miscellaneous Application E136 of 2024) [2024] KEELRC 13334 (KLR) (5 December 2024) (Ruling)
✦ The application is declined with an order that each party will bear their own costs
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Barasa v Public Service Board County Government of Trans-Nzoia & 4 others (Petition 2 of 2022) [2024] KEELRC 13399 (KLR) (5 December 2024) (Ruling)
✦ The court found that Albert Soita's continued appointment was irregular and ordered the Public Service Commission to send a suitable officer to fill the position within 6 months.