Kenyan case law
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David Ithau Wambua v Liberty Kenya Holdings Limited [2016] KEELRC 476 (KLR)
✦ The Court orders the Respondent to release immediately the attached motor vehicle to the Applicant until further order of this Court and forbids the Respondent from any repossession until further orders of this Court.
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Boniface Mugoya v Galawa Marine Services [2016] KEELRC 475 (KLR)
✦ The Court found the termination to be unfair and ordered the Respondent to pay the Claimant compensation for unfair termination equivalent to 10 months' salary at Kshs. 150,000.
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Richard Mwashombo Mwachoki v Five Star Plastic Company (Cause 659 of 2015) [2016] KEELRC 501 (KLR) (18 October 2016) (Judgment)
✦ Termination was unfair and unlawful, and the Respondent is ordered to pay the Claimant 1 month salary in lieu of notice, annual leave pay for 2 years, service pay for 10 months, and 10 months' salary in compensation for unfair termination.
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Kenya Union of Commercial, Food and Allied Workers v Kitulani Stores Limited [2016] KEELRC 492 (KLR)
✦ The Court finds the dismissal to be unfair and awards the claimants six months' wages on account of unfair termination of services. The Court also awards the difference between the salary they actually earned and the statutory minimum wage of Kshs.13,426.
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Pitynase Muthoni Kirigu v Board of Management, Chogoria Girls Boarding Primary School [2016] KEELRC 510 (KLR)
✦ The court finds that the claimant's employment was constructively terminated and that the termination was not unfair. The claimant is not entitled to the remedies as prayed for, and the respondent is entitled to the refund of Kshs.594,339.50.
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James Nyaga Wambugu & 181 others v Telkom Kenya Limited [2016] KEELRC 538 (KLR)
✦ The Applicants' application fails and is dismissed with no order for costs
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Augustus Mbusya Ndilo v Swedken Tours [2016] KEELRC 502 (KLR)
✦ Claimant awarded Kshs. 79,209.30 for unpaid wages, leave allowance, and compensation for unfair termination.
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Josephine Nzioka v Insulae Africanus Ltd t/a Pangoni Beach Resort (Cause 773 of 2015) [2016] KEELRC 515 (KLR) (14 October 2016) (Judgment)
✦ The termination was fair, and the claimant is disqualified from compensation but entitled to two months' salary in lieu of notice.
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Kenya Hotels & Allied Workers Union v Sun Africa Hotels & another [2016] KEELRC 275 (KLR)
✦ The motion is dismissed save for prayer 6 seeking priority determination of the main claim.
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Edward Mwatela Mwalekwa v Kassam Hauliers Limited [2016] KEELRC 522 (KLR)
✦ The court found the dismissal unfair and ordered compensation for the claimant.
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Francis Ngunjiri Mukoma v Roben Aberdare (K) Limited (Cause 231 of 2015) [2016] KEELRC 593 (KLR) (14 October 2016) (Judgment)
✦ The court finds that the termination was within the probationary contractual term and the claimant is awarded Kshs.5, 494.00 in lieu of notice.
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Felix Musyoki Sammy, Paul Nduhia Munge, Jaquelyne Otsialo Chunge, Mary Goretti Nyambura Edwin, Gichane Monica Kamande, Nicholas Mutisya Malelu (Appealing as the Promoters of the Kenya Public Schools Non Teaching Staff Union (KEPUSNTESU) v Registrar of Trade Unions & Kenya Union of Domestice, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) (Appeal 12 of 2014) [2016] KEELRC 505 (KLR) (Employment and Labour) (14 October 2016) (Judgment)
✦ The Court finds no fault with the decision of the Registrar in declining to register KEPUSNTESU as a union on the grounds that there was already in existence a union that sufficiently represented the interests of the class of persons sought to be represented by KEPUSNTESU.
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Alfred Onyango Otieno v G4s Security Services (K) Ltd [2016] KEELRC 530 (KLR)
✦ The Court finds the dismissal wrongful and unfair, and awards the claimant one month's salary in lieu of notice, six months salary as compensation for unfair termination of services, and costs of the suit.
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Harrison Karani, Mazera Nyamai, Otieno Ochola, Mutie Kiema, Thomas Mwasi, Steven Kilei, Francis Mwakio, Issack Gona, Fred Mutinda, Meshack Mondo, Edward Mwasi, Benson Kalama, Simon Manyasa, Josephat Baraza, Duncan Mwakunda, Alex Munyao, Boniface David, Nelson Kahindi, Jonathan Ziro & Benard Otee v Insight Management Consultants Limited (Cause 323 of 2013) [2016] KEELRC 525 (KLR) (14 October 2016) (Judgment)
✦ Termination was based on valid reason but carried out unfairly. The Respondent shall pay compensation for unfair termination, notice pay, salary for days worked, pro-rata annual leave, and underpayment of wages.
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Charles Njogu Mwaniki v Kenya Union of Commercial & 3 others [2016] KEELRC 516 (KLR)
✦ Application denied, main claim to be heard on priority basis
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Isaac Okoth Maramwa v Lochab Brothers Limited [2016] KEELRC 308 (KLR)
✦ The Court agrees that order b) of the motion dated 16 August 2016 is merited and orders that the amount deposited in the joint interest earning account in the names of the advocates on record be released forthwith to the Claimant’s advocate.
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Kenya Concrete, Structural, Ceramics Tiles, Wood Ply &Interior; Designs Workers Union (KCSCW) & I v Laxmanbhai Construction Limited & another [2016] KEELRC 508 (KLR)
✦ The court orders the respondent to stop making double deductions and to refund the wrongly deducted union dues.
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Munir Abubakar Masoud v Banking Insurance and Finance Union(K) [2016] KEELRC 64 (KLR)
✦ The claim is not statute barred and the complainant was an employee of the Respondent. The Complainant was unfairly terminated and is entitled to certain remedies.
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Mary Wagikuyu Komu v The Kenya Hospital Association T/A The Nairobi Hospital [2016] KEELRC 534 (KLR)
✦ The Claimant's dismissal was lawful and fair, and her claim for unlawful and unfair dismissal must fail.
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Kimutai Langat v Kenya Credit Traders Limited [2016] KEELRC 186 (KLR)
✦ The summary dismissal was unfair.
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Julius Macharia Mwangi v Mutanga Investment Limited [2016] KEELRC 512 (KLR)
✦ The application for contempt filed by the claimant is dismissed.
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Alex Oluchili Miloko v Nakumatt Holdings Ltd [2016] KEELRC 299 (KLR)
✦ The dismissal was found to be unfair and the Claimant was awarded Kshs 4,850,000/- in compensation and other entitlements.
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Mercy Harriet Mihegwa v Kefa Kevin Nyongesa t/a Kevin Hill Schools [2016] KEELRC 524 (KLR)
✦ Termination was unfair and the Respondent is ordered to pay compensation equivalent to 8 months' gross salary, 1 month's notice pay, and annual leave pay.
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Dennis Mutua Simon & 9 others v Insight Management Consultants Limited [2016] KEELRC 511 (KLR)
✦ Termination was based on valid ground but lacking in fairness of procedure. The Respondent shall pay the Claimants the total amount of Kshs. 658,430 in compensation and terminal dues.
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Rose Bilha Watiri v Kimani Operations Limited [2016] KEELRC 494 (KLR)
✦ The Claimant's claim is dismissed with no order for costs.