Kenyan case law
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Wang v Equity Bank (Cause E945 of 2021) [2023] KEELRC 3187 (KLR) (5 December 2023) (Judgment)
✦ The Court finds the termination of the claimant's employment to be unfair and disproportionate.
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Nderitu v Chase Bank (K) Limited (In Receivership) & 2 others (Cause 365 of 2017) [2023] KEELRC 3180 (KLR) (4 December 2023) (Judgment)
✦ The termination of the claimant's employment was unfair due to lack of substantive justification and procedural fairness.
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Nyaachi v Rembo Shuttle Savings & Credit Co-operative Society (Cause 746 of 2017) [2023] KEELRC 3192 (KLR) (4 December 2023) (Ruling)
✦ The Respondent/Applicant's Notice of Motion is not merited as the Respondent/Applicant was aware of the proceedings and the judgment was regular.
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Lipa Later Limited v Wanini (Cause E750 of 2023) [2023] KEELRC 3193 (KLR) (4 December 2023) (Ruling)
✦ The court is satisfied that the respondent's objection meets the threshold of a preliminary objection.
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Kenya Hotels and Allied Workers Union v Panari Hotel (Cause 1751 of 2016) [2023] KEELRC 3179 (KLR) (4 December 2023) (Judgment)
✦ The Court found the termination of the grievants' employment to be unfair and unlawful.
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Mogara v Spur Security Services Limited (Employment and Labour Relations Cause 1700 of 2017) [2023] KEELRC 3199 (KLR) (1 December 2023) (Ruling)
✦ The ex parte judgment is set aside and a stay of execution is granted.
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Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Wilham (K) Ltd & another (Employment and Labour Relations Cause E1074 of 2021) [2023] KEELRC 3202 (KLR) (1 December 2023) (Judgment)
✦ The court finds the Claimant has locus standi and the restructure did not render the employees redundant.
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Chege v Tribeka Business Solutions Limited & another (Employment and Labour Relations Cause 888 of 2019) [2023] KEELRC 3195 (KLR) (1 December 2023) (Judgment)
✦ The termination was wrongful and unlawful.
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Mbotha v Usiku Entertainment Limited (Employment and Labour Relations Cause E651 of 2020) [2023] KEELRC 3200 (KLR) (1 December 2023) (Ruling)
✦ The court grants the Claimant an opportunity to fix a hearing date within 30 days and dismisses the suit if he fails to do so.
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Oduor v Kalvinder Singh Bhullar t/a Bhullar & Company Advocates (Employment and Labour Relations Petition E172 of 2023) [2023] KEELRC 3196 (KLR) (1 December 2023) (Ruling)
✦ The court dismissed the respondent's preliminary objection as it was based on a pure point of law and the petition raised employment and labour relations issues.
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Mudongoi v Mudete Factory Tea Growers Cooperative Savings and Credit Society (Employment and Labour Relations Cause 27 of 2017) [2023] KEELRC 3145 (KLR) (30 November 2023) (Ruling)
✦ Warrants of attachment were erroneously awarded and are set aside
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Kenya Union of Commercial Food and Allied Workers v KK Shah and Sons Limited (Cause E004 of 2023) [2023] KEELRC 3185 (KLR) (30 November 2023) (Judgment)
✦ The Claimant has locus standi to represent the Grievants and is entitled to the remedies sought.
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Muriuki v Skytop Technologies Limited; Skytop Mcarfix Limited (Objector) (Cause 788 of 2019) [2023] KEELRC 3172 (KLR) (30 November 2023) (Ruling)
✦ The application for leave to appeal is granted
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Orangi v Kenyenya Teachers Training College (Appeal E013 of 2022) [2023] KEELRC 3085 (KLR) (30 November 2023) (Judgment)
✦ The Appellant's employment was converted into permanent employment under Section 37(1)(a), 2 & 3 of the Employment Act.
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Wamukota v Kenya Electricity Transmission Company Limited & 2 others (Petition E213 of 2023) [2023] KEELRC 3068 (KLR) (30 November 2023) (Ruling)
✦ The Court finds that the petitioner has established a prima facie case for the grant of interim orders and suspends the 1st respondent's decision to suspend the petitioner for 12 months.
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Federation of Kenya Employers v Cabinet Secretary, Ministry of Foreign Affairs and International Relations & 4 others; Law Society of Kenya (Interested Party) (Petition E085 of 2023) [2023] KEELRC 3067 (KLR) (30 November 2023) (Judgment)
✦ The court declared that any person dissatisfied with the decision of Director of Occupational Health and Services in exercise of the authority under the Work Injury Benefits Act will have redress in the Employment and Labour Relations Court of Kenya.
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Nyongesa v Masinde Muliro University of Science and Technology & another (Employment and Labour Relations Cause E023 of 2022) [2023] KEELRC 3155 (KLR) (30 November 2023) (Judgment)
✦ The Court found that the Claimant did not resign and thus, the Respondents were not justified in stopping his salary.
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Kimemia v Kidde – Fenwal INC & another (Cause 111 of 2018) [2023] KEELRC 3066 (KLR) (30 November 2023) (Ruling)
✦ The 2nd Respondent is reinstated to the proceedings as a co-respondent and the name is amended to 'United Technologies Corporation'. The 2nd Respondent is a necessary party to the claim.
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Maigua v Premier [Kenya] Limited (Cause 1299 of 2016) [2023] KEELRC 3082 (KLR) (30 November 2023) (Judgment)
✦ Termination was unfair in substance and procedure, and the Claimant is granted 5 months' gross salary in compensation for unfair termination.
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Kenya Shipping, Clearing Freight Logistics and Warehouses Workers Union v Vegpro (K) Ltd VP Group (Employment and Labour Relations Cause E1031 of 2021) [2023] KEELRC 3118 (KLR) (30 November 2023) (Ruling)
✦ Court ordered claimant to serve the memorandum of claim and file an affidavit of service, respondent to file their response and witness statements within 12 days
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Momul Tea Factory Company Limited v Orero (Miscellaneous Application E010 of 2023) [2023] KEELRC 3163 (KLR) (30 November 2023) (Ruling)
✦ The court granted leave to file an appeal out of time and directed the applicant to file the requisite documents and the record of appeal within 14 days of the ruling.
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Ihonga v Mudete Factory Tea Growers Co Savings & Credit Ltd (Employment and Labour Relations Cause 26 of 2017) [2023] KEELRC 3147 (KLR) (30 November 2023) (Ruling)
✦ The warrants of attachment dated 19th October 2023 are set aside
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Republic v County Secretary, Finance, ICT & Economic Planning County Government of Kiambu & another; Mungai (Suing as Legal Representative of the Estate of Anthony Mungai Kirika - Deceased) (Exparte Applicant) (Judicial Review Application 29 of 2018) [2023] KEELRC 3075 (KLR) (30 November 2023) (Ruling)
✦ The 2nd Respondent is cited for contempt of court
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Warutumo v Chemigas Limited (Cause 1551 of 2018) [2023] KEELRC 3080 (KLR) (30 November 2023) (Judgment)
✦ The dismissal was unfair due to the lack of procedural fairness
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Muema v Two Ways Logistics Services Limited & another (Employment and Labour Relations Cause 1553 of 2015) [2023] KEELRC 3188 (KLR) (30 November 2023) (Judgment)
✦ The termination of the claimant's employment was found to be unfair, and he is entitled to compensation and other benefits.