Kenyan case law
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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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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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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 County Government of Kisii & 2 others (Petition E030 of 2023) [2024] KEELRC 13345 (KLR) (4 December 2024) (Ruling)
✦ The Court finds the Notice of Motion merited and orders the matter to proceed to a de novo hearing.
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Ogwedhi Properties t/a Vittoria Suites Kisumu v Kenya Hotels and Allied Workers Union (Cause E077 of 2023) [2024] KEELRC 13342 (KLR) (4 December 2024) (Judgment)
✦ The strike notice was declared premature and unlawful, and the parties were ordered to engage in structured negotiations to conclude the CBA.
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Ojuka v Chairman of CDF (Kisumu East (Appeal E062 of 2023) [2024] KEELRC 13323 (KLR) (4 December 2024) (Judgment)
✦ The Court of Appeal sets aside the trial court's ruling and directs the suit to be heard by a different magistrate.
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Odera & 118 others v Homa Bay County Government & 2 others (Judicial Review E032 of 2024) [2024] KEELRC 13320 (KLR) (4 December 2024) (Ruling)
✦ ELRC JR No. E032 of 2024 is res judicata and is struck out.
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Onyango v Office of the President Ministry of Interior and National Administration & 2 others; Commission of Administrative Justice (Interested Party) (Judicial Review E004 of 2024) [2024] KEELRC 13319 (KLR) (4 December 2024) (Ruling)
✦ The Ex Parte Applicant’s Notice of Motion dated September 23, 2024 is dismissed with no orders as to costs.
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Ndeta v Western Express Coach Limited (Employment and Labour Relations Cause E577 of 2021) [2024] KEELRC 13325 (KLR) (3 December 2024) (Judgment)
✦ Claimant is entitled to salary arrears of Kshs.178,886/= and March 2021 salary of Kshs.33,100/=
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Opuka v Judicial Service Commission (Employment and Labour Relations Petition E224 of 2023) [2024] KEELRC 13344 (KLR) (3 December 2024) (Judgment)
✦ The court finds the respondent had valid reasons to terminate the petitioner from her employment.
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Kenya Concrete, Structural, Ceramic Tiles Wood Plys and Interior Design Workers Union v Intex Company Limited; Kenya Building, Construction, Timber, Furniture and Allied Industries Employee Union (Interested Party) (Employment and Labour Relations Cause E559 of 2020) [2024] KEELRC 13339 (KLR) (3 December 2024) (Judgment)
✦ The court finds the claimants have proved their case on balance of probability and grants prayers numbers 1, 2, and 3.
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Kikaya v Afrodip Limited (Cause E083 of 2023) [2024] KEELRC 13317 (KLR) (3 December 2024) (Judgment)
✦ The Court found that the Claimant was not constructively dismissed and that the termination was fair and lawful.
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Yoya v Kenyatta International Convention Centre & 2 others; Mwaura (Intended Interested Party) (Employment and Labour Relations Petition E060 of 2024) [2024] KEELRC 13324 (KLR) (3 December 2024) (Ruling)
✦ The court will allow the application as prayed, and costs of the application will be in the cause.
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Ochieng v Kenya Accreditation Service (Employment and Labour Relations Petition E118 of 2024) [2024] KEELRC 13343 (KLR) (3 December 2024) (Ruling)
✦ The prayers are granted and the court order each party to meet their respective costs of the application.
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Odongo v County Government of Siaya (Cause E084 of 2023) [2024] KEELRC 13316 (KLR) (3 December 2024) (Judgment)
✦ The termination of employment was unfair and unlawful.
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Karanja & Waitindi t/a Mirugi Kariuki & Co Advocates v Kabue (Civil Appeal E009 of 2024) [2024] KEELRC 13318 (KLR) (3 December 2024) (Order)
✦ The court orders that the stay of proceedings will now lapse, and the suit can proceed to its logic conclusion.
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Wambui v Standard Chartered Bank of Kenya (Employment and Labour Relations Cause 383 of 2019) [2024] KEELRC 13321 (KLR) (3 December 2024) (Ruling)
✦ The application is declined as the Respondent/Applicant failed to attend the pre-trial conference and the Respondents had ample time to file their complete bundle of documents.
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Republic v County Executive Member for Finance & Economic Planning of the County Government of Kisumu & another (Judicial Review E005 of 2022) [2024] KEELRC 13310 (KLR) (2 December 2024) (Ruling)
✦ The applicant’s notice of motion is dismissed with no orders as to costs.
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Onyango v Kipkembe Limited (Miscellaneous Application E011 of 2024) [2024] KEELRC 13314 (KLR) (29 November 2024) (Ruling)
✦ The application is declined, and the file is closed.
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Protective Custody Limited v Temesi (Appeal E134 of 2024) [2024] KEELRC 13392 (KLR) (29 November 2024) (Judgment)
✦ The court finds the trial court erred in finding the termination was unfair and unlawful, and in awarding the terminal dues.
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Kimani & another v Catherine Felistus Wambui t/a Eboss Farm Produce (Employment and Labour Relations Cause E010 of 2023) [2024] KEELRC 13290 (KLR) (29 November 2024) (Judgment)
✦ The Court found that the redundancy notice did not meet the requirements of section 40(1)(a) and (b) of the Employment Act, and thus the termination was unfair.
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Kipsowe & 2 others v Simba Caetano Formula Ltd & another (Appeal 64 of 2019) [2024] KEELRC 13390 (KLR) (29 November 2024) (Judgment)
✦ The appeal is dismissed with costs to the respondent.
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Adan v Ole Naishu (2000) Limited (Employment and Labour Relations Cause E008 of 2024) [2024] KEELRC 13295 (KLR) (29 November 2024) (Judgment)
✦ The termination was unfair as it lacked a valid reason and fair procedure.
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Mbatha & another v Jambo Jet Limited (Cause E711 of 2021) [2024] KEELRC 13391 (KLR) (29 November 2024) (Judgment)
✦ The court found that the termination of employment on account of redundancy was unfair and unlawful due to the lack of adherence to the Employment Act and the International Labour Organization Guidelines on conducting redundancy.
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Muema v Kariuki t/a Beatrice Kariuki & Associates (Appeal E124 of 2022) [2024] KEELRC 13384 (KLR) (29 November 2024) (Judgment)
✦ The court found that the trial court erred in finding that the Appellant's termination was fair and lawful.