Kenyan case law
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Peter Lichungu v Kenya Power & Lighting Company [2015] KEELRC 317 (KLR)
✦ The objection by the respondent is sustained with the consequence that the petition herein is struck out with costs.
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Peter Maina Gichuki v Anord Shah t/a Nagaria Hardware & Supper Mukuyu [2015] KEELRC 391 (KLR)
✦ Judgment entered for the claimant for unfair termination, awarding 12 months' salary, one month pay in lieu of notice, and costs.
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John Gitonga Ngunjiri v H Young & Co EA Limited [2015] KEELRC 293 (KLR)
✦ Dismissal was unfair and compensation awarded for four months' salary as compensation for unfair dismissal and one month's salary in lieu of notice.
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Mary Mumbi Kariuki v Director,Pamoja Women Development Programme [2015] KEELRC 326 (KLR)
✦ The Court finds the wages were not inclusive of house allowance, the Claimant is entitled to 1 month pay in lieu of notice, wages for June 2014, 18 months house allowance, and 2 months wages as compensation.
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Daniel Juma Makokha v Fast Track Kenya Limited [2015] KEELRC 366 (KLR)
✦ The Claimant is entitled to Kshs 50,000 in lieu of notice and six (6) months' salary as compensation for unlawful and unfair termination.
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Fredrick Ouma Ndar v Telkom Kenya Limited [2015] KEELRC 368 (KLR)
✦ The claim is time barred and dismissed.
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James Muruga Ruo v Teachers Service Commission (Cause 686’b’ of 2014) [2015] KEELRC 363 (KLR) (Employment and Labour) (23 October 2015) (Ruling)
✦ The suit is time-barred and dismissed with costs.
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Claver Alex Mkosi v Corner Garage Tr Limited [2015] KEELRC 384 (KLR)
✦ The court finds that the claimant was dismissed unlawfully and unilaterally, and awards him damages and compensation.
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Kenya Union of Domestic, Hotel Educational Institutions & Allied Workers v B.O.G Moi High Shool Kasigau [2015] KEELRC 382 (KLR)
✦ The termination of the grievants employment occurred in mid-June 2008 when they reported back to work after acquittal from the criminal case.
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Richard Okemwa Nyakwara v Capital Fish (K) Ltd [2015] KEELRC 310 (KLR)
✦ Claimant is entitled to one month's pay in lieu of notice, unpaid leave for three years, and service pay for three years.
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Justine Aburi Okemwa v Sheikh Zayed Children Welfare Centre [2015] KEELRC 383 (KLR)
✦ The termination was wrongful and premature, and the claimant is awarded Ksh 87,250 in damages.
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Kenya Hotels and Allied Workers Union v Sportsman Arms Hotel Nanyuki [2015] KEELRC 348 (KLR)
✦ The court found that the claims were not time barred and awarded the claimant Kshs.115,613.10 for underpayment and Kshs.43,050 for costs.
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Joseph Gidraf Wanjala v Diane Hamrick & another [2015] KEELRC 395 (KLR)
✦ The Court finds that the firm of Kiarie, Kabita, Kihunyu & Associates is the proper party to represent the 2nd Respondent in the employment dispute. The 1st Respondent is the employer.
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Michael Savali Musyoka v Manji Food Industries Limited [2015] KEELRC 361 (KLR)
✦ The court dismisses the claimant's suit with costs, finding that the claimant failed to prove his employment with the respondent and the injury occurred outside of work
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Leticia Gaji Tarasisio Martin Mutugi (Suing on their own behalf and as the legal representatives of the Estate of the Late & another v Principal Secretary Ministry of Defence & another [2015] KEELRC 302 (KLR)
✦ The Court allows the petition as prayed, granting the mandatory injunction and order for payment of outstanding death/terminal benefits.
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Peter Kamau Kiarie v Keroche Breweries Ltd [2015] KEELRC 402 (KLR)
✦ The Court finds that the termination of the Claimant's employment through redundancy was unfair.
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Pooroosotum Bheekhoo v Linksoft Group [2015] KEELRC 191 (KLR)
✦ The Respondent is found liable for failing to pay the Claimant's salaries and benefits as per the contract terms. The Claimant is awarded $70,000 for 5 months of unpaid salary and $7,583 for 13 days of leave days. The Claimant is also awarded $37,800 for the unpaid annual variable pay.
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Reuben Waswa Nabie v Kenya Medical Training College [2015] KEELRC 276 (KLR)
✦ The Court does not have jurisdiction to amend the pleading
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Eddie Mutegi Njora v Mega Microfinance Co. Ltd [2015] KEELRC 238 (KLR)
✦ Claimant is not entitled to unpaid terminal dues as the contract was issued on July 26, 2008, and the Claimant was aware of the terms. The Claimant's employment rights were not violated, and he is not entitled to the remedies sought.
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Ethics & Anti Corruption Commission v Robert H Ndubi & another [2015] KEELRC 298 (KLR)
✦ The application for stay pending appeal is allowed, and the status quo is maintained until the appeal is heard.
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Charles Githinji Murage v Munjuru Murage & another [2015] KEELRC 313 (KLR)
✦ The application to dismiss the suit for want of prosecution under Order 17 has no merit. The application to dismiss the suit for want of service of summons has no merit.
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Kenya Chemical & Allied Workers Union v Noble Gases Limited [2015] KEELRC 369 (KLR)
✦ The Court finds that the dismissal was not warranted and converts it to a normal termination.
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Juma Kiprono Kandie & 2 others v Communications Authority of Kenya [2015] KEELRC 401 (KLR)
✦ The presiding judge finds no justifiable reason to warrant recusal and dismisses the application
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Lillian Joseph Mongo v Chairman (B.O.G) Mariakani Secondary School & another [2015] KEELRC 386 (KLR)
✦ The Court orders the Respondents to pay the Claimant Kshs. 83,600 within 21 days of the delivery of this Award, release her Certificate of Service, and pay the Claimant costs.
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Betty N. Lusala v Reli Co-Operative Savings And Credit Society [2015] KEELRC 315 (KLR)
✦ The suit is time barred and is struck out with costs.