Kenyan case law
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Benjamin Langwen v National Environment Management Authority [2014] KEELRC 243 (KLR)
✦ The court dismisses the application for recusal with no orders as to costs.
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Kenya Scientific Research International Technical And Institutions Workers’ Union v Black & Beauty Products Limited [2014] KEELRC 258 (KLR)
✦ The court dismissed the objection and held that the suit is not res judicata.
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Banking, Insurance & Finance Union (Kenya) v Taifa Sacco Society Ltd [2014] KEELRC 1292 (KLR)
✦ The court finds that the respondent cannot enter into a CBA with the claimant and that the court cannot order the respondent to sign a CBA.
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Josphat Njuguna v High Rise Self Group [2014] KEELRC 1311 (KLR)
✦ The court held that the employment was on a casual basis and thus the claimant is not entitled to terminal dues.
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Robert Kinyua Migwi v Manya Bettarello & another [2014] KEELRC 1288 (KLR)
✦ The court found that the claim for overtime failed due to lack of evidence, and the plaintiff was only entitled to one month's pay in lieu of notice.
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Communication Workers’ Union v Safaricom Limited [2014] KEELRC 1302 (KLR)
✦ The Claimant does not have locus standi to represent the grievants.
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Kennedy Omenda & 18 others v Kenya Civil Aviation Authority [2014] KEELRC 1286 (KLR)
✦ The Court finds that the Respondent's decision to charge enhanced rents prior to renovation of the subject houses was unlawful and directs the Respondent to refund any monies recovered on account thereof.
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Collins Osoro Lukhale v AAA Growers Limited [2014] KEELRC 1314 (KLR)
✦ The Court found the termination to be unfair and without valid reasons, and the Claimant is entitled to remedies.
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Bernard Kuria & 2 others v Kasturi Limited [2014] KEELRC 274 (KLR)
✦ The application is granted, and the judgment and orders of the Hon. Lady Justice Maureen Onyango are stayed pending the hearing and determination of the appeal.
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P.J. Dave Flowers Limited & another v Kenya Plantation and Agricultural Workers Union & another [2014] KEELRC 240 (KLR)
✦ The Court held that the Respondent has failed to invoke the correct procedure for calling for an intended strike and that the Petitioners have a right to association and enter into collective bargaining as under section 54(2) of the Labour Relations Act.
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Rift Valley Railways Workers Union v Rift Valley Railways (Kenya) Limited & Another [2014] KEELRC 1280 (KLR)
✦ The Court ordered a balloting exercise for all unionisable employees within 60 days to determine the Claimant's membership.
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Paul Mzungu Sumba v Housing Finance Company of Kenya [2014] KEELRC 1317 (KLR)
✦ The claim is time-barred under Section 90 of the Employment Act.
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Kizito Savali v Marshalls East Africa Ltd [2014] KEELRC 280 (KLR)
✦ The application for stay of execution is dismissed with costs to the respondent/ applicant.
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Daniel Songa Sila v Property Development & Management Limited [2014] KEELRC 278 (KLR)
✦ The dismissal was lawful and the dismissal was done in a fair manner.
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Banking, Insurance & Finance Union (Kenya) v Transnational Bank Ltd [2014] KEELRC 279 (KLR)
✦ The termination was for a valid reason and was done in a fair procedure.
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Joseph Mutuura Mbeeria & another v Cabinet Secretary for Education, Science & Technology & 2 others [2014] KEELRC 281 (KLR)
✦ The Petition succeeds, the University Council is not properly constituted, the Gazette Notice is quashed, and the Cabinet Secretary is ordered to commence the recruitment process of the Council in accordance with the law.
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Daniel Raiti Ogeto v College Management Board Acting For Elgon View College Board [2014] KEELRC 1270 (KLR)
✦ The termination was not unfair, and the claimant is not entitled to reinstatement or compensation for unfair termination. The claimant is entitled to the certificate of service.
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Dennis Ngugi v Flamingo Hill Camp Limited [2014] KEELRC 1281 (KLR)
✦ The termination was not unfair and the claimant's suit is dismissed with costs.
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Bernard Asanya Ogembo & 4 others v Ol Njorowa Ltd [2014] KEELRC 1264 (KLR)
✦ The court finds that the respondent will pay each of the claimants six months' gross salary at the rate of the last monthly pay before the termination, with payment by 1.11.2014, and interest to be payable at court rates till the full payment. The respondent will also pay half the claimants' costs of the suit.
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Munayi Isaac Opondo & 6 others v Kenya Railways Corporation & another [2014] KEELRC 282 (KLR)
✦ The application is dismissed with costs to the Claimants on the highest scale.
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Peter Gachenga Kimuhu v Kenol kobil Limited [2014] KEELRC 252 (KLR)
✦ The termination was found to be unfair.
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Railways and Allied Workers Union v Rift Valley Railways (K) [2014] KEELRC 246 (KLR)
✦ Application dismissed with costs
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Lonah Alumera Anyera v Eldoret Wagon Hotel [2014] KEELRC 1265 (KLR)
✦ The termination was unfair and unlawful, and the claimant is entitled to 12 months' salary at Kshs. 8,000.00 for unfair termination.
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Professor Elijah Biama v University of Eldoret & 2 others [2014] KEELRC 1266 (KLR)
✦ The court finds that the petitioner is entitled to 6 months' salaries and terminal dues as per the Employment Act, 2007. The petitioner is entitled to gratuity for the 2nd year and salary up to 18th June 2013 as per the contract. The petitioner is not entitled to an order for an additional watchman, cook, or gardener. The court finds that the petitioner is not entitled to general damages for the unlawful release from duties as Vice Chancellor.
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Peter Barongo Nyamweya v Peter Burugu [2014] KEELRC 253 (KLR)
✦ Termination of the Claimant's contract of employment was unfair.