Kenyan case law
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Aura Nimrod v Teachers' Service Commission [2014] KEELRC 1326 (KLR)
✦ The dismissal was lawful and due process was followed.
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Jared Omondi Ober & Another v Amended County Government Of Homa Bay [2014] KEELRC 1323 (KLR)
✦ The court reviews its judgment and sets it aside. The case is re-opened for a new hearing before another judge.
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Robert Nyongesa v Sacco Societies Regulatory Authority & another [2014] KEELRC 1336 (KLR)
✦ Application dismissed. The Claimant has not persuaded the court that the prayers in his application are merited.
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Peter Barongo Nyamweya v Peter Burugu [2014] KEELRC 253 (KLR)
✦ Termination of the Claimant's contract of employment was unfair.
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Paul Oduor Angila v Mikutra Water & Sanitation Co. Ltd [2014] KEELRC 1320 (KLR)
✦ The court finds in favor of the claimant and orders the respondents to pay the claimant's gratuity and leave allowance.
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Philip N. Onchwari v Gusii Mwalimu Sacco Ltd [2014] KEELRC 1324 (KLR)
✦ The claimant is entitled to compensation for wrongful termination amounting to 12 months salary and terminal benefits.
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Anastas Fukwo Lusweti v Navisat Telematics Limited [2014] KEELRC 248 (KLR)
✦ Termination of the Claimant's contract of employment was unfair. The Respondent shall pay 3 months' salary in compensation, 1 month salary in notice pay, arrears of house rent allowance, and balance of January 2011 salary.
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Joseph Mungai Keriko v Kirinyaga University College [2014] KEELRC 1273 (KLR)
✦ The Court extends time for the Respondent to file the Reply and Counterclaim and grants leave to file supporting documents.
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Kudheiha Workers v Sinaga Girls Secondary School [2014] KEELRC 1327 (KLR)
✦ The dismissal was found to be unfair and null and void due to lack of due process. The court converted the dismissal into a normal termination and awarded the greviants compensation.
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Labour Officer Vihiga v Hilem Shah [2014] KEELRC 1322 (KLR)
✦ The appeal is before the right court and the court has jurisdiction to entertain the same. The appeal is admitted out of time due to a good reason.
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Kenya Electrical Trades & Allied Workers Union v Kenya Power & Lighting Company Limited [2014] KEELRC 244 (KLR)
✦ Termination was unfair on both substantive and procedural grounds
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John Miriti Mbarire v Attorney General [2014] KEELRC 1268 (KLR)
✦ The Petitioner's claim is not subject to limitation under the Public Authorities Limitation Act and the provisions of the Constitution, 2010 are applicable to the Petitioner.
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Benta Adhiambo Ochoro v Charles Lutta Kasamani t/a Kasamani & Co. Advocates [2014] KEELRC 1319 (KLR)
✦ The court finds that the respondent employed the claimants as alleged and owes them salary arrears. The court enters judgment for the claimants.
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Moses Majale Shavaleji v Ps Ministry of Lands & another [2014] KEELRC 238 (KLR)
✦ Claimant cannot be reinstated due to the lapse of time since dismissal, but is entitled to 12 months salary as compensation and salary lost from dismissal to the present.
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Kudheiha Workers v BOG Wikoteng Mixed Sec. School [2014] KEELRC 1274 (KLR)
✦ The respondents failed to remit union dues totalling Kshs 46,830/= as at October 2013. The greviant was under the employment of the respondents and was unlawfully terminated. The greviant is ordered reinstated as a guard within 1 month from the date of this judgment and paid his salary withheld from the time of termination to-date.
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Joseph Benard Nengo v Nzoia Sugar Co.Ltd [2014] KEELRC 1277 (KLR)
✦ The court finds that the respondents failed to give the appellant a proper hearing, thus the dismissal was unfair and unjustified.
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Kenya Union of Printing, Publishing, Paper Manufactures & Allied Workers v National Prining Press Ltd [2014] KEELRC 1275 (KLR)
✦ The greviant is entitled to gratuity, salary for days worked, house allowance, notice pay, and compensation for wrongful termination.
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Christine Nanjala Simiyu & another v Vegpro [K] Limited [2014] KEELRC 251 (KLR)
✦ The Court declares the termination of the Claimants' contracts unfair and orders the Respondent to pay service pay and annual leave pay.
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Elly Ouma Hongo v Kenya National Union of Teachers (Kisumu East Branch) [2014] KEELRC 245 (KLR)
✦ The Court declines the Application for Review, finding that the Consent Award cannot be set aside or varied due to lack of common mistake, misrepresentation, or fraud, and the Claimant has not shown any new and important matter or evidence.
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Mark Ayego Fedha v Nakumatt Holdings Acting For:-Nakumatt Nyanza Kisumu [2014] KEELRC 1276 (KLR)
✦ The claimant was accorded due process before being dismissed. The claimant is not entitled to reinstatement but will be paid his Ksh 1,999/= deposit for purchase of barbed wire.
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Julius Nyarotho v Nzoia Sugar Co. Ltd & another [2014] KEELRC 1279 (KLR)
✦ The claimant is entitled to be paid for the 21 months he would have served as chairman of Nzoia Sugar Co. Ltd.
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Kenya Union Of Domestic, Hotels, Educational Institutions And Hospital Workers v Social Service League M.P. Shah Hospital [2014] KEELRC 249 (KLR)
✦ The Court finds that the termination of employment is a prerogative of the Employer and should not be interfered with through interim reinstatement or injunctive orders.
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George Ochieng Owiti & others v Telkom Kenya Limited [2014] KEELRC 1310 (KLR)
✦ The application is allowed in part, with the Claimants' claims secured by restraining orders and an inventory of properties.
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Barrack Musumba v Nyanza Sugar & Produce Ltd [2014] KEELRC 1284 (KLR)
✦ The respondents were justified in dismissing the claimant as he committed a criminal offense against his employer by stealing the vehicle and its contents.
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Joyce Wanjiku Muchiko & another v Telkom Kenya Limited [2014] KEELRC 293 (KLR)
✦ The claim is dismissed as it is improperly before the Court due to the statute-barred nature of the claim and the improper invocation of the Employment Act 2007.