Kenyan case law
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Republic v General Samson Mwathethe, Chief Defence Forces, Department of Defence & another Ex parte Senior Sergeant Samson Kazungu [2019] KEELRC 390 (KLR)
✦ The respondents have complied with the court orders to the extent possible, and the applicant cannot be put back to the position he was in at the time of the orders.
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Maurice Ajwang Owuor v Catholic University of Eastern Africa [2019] KEELRC 344 (KLR)
✦ The court finds the respondent's actions unreasonable and in violation of the Employment Act, and grants an injunction to reinstate allowances and review terms of contract.
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Redshank Limited v Teresia Auma Akwavi [2019] KEELRC 381 (KLR)
✦ The appeal is dismissed and costs awarded to the respondent.
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Kenya Hotels and Allied Workers Union v Hotel Waterbuck Limited; Kudheiha Workers (Interested Party) [2019] KEELRC 382 (KLR)
✦ The court grants the claimant's application for priority hearing.
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Kenya Shipping, Clearing, Freight Logistics & Warehouses Workers’ Union v Kamili Packers Limited [2019] KEELRC 421 (KLR)
✦ The Claimant has locus standi to represent the grievants. There was no proof of a change in employment terms or redundancy. The 5% salary deduction and guarantee money deduction were found to be contrary to law.
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Peter Luseno Sikafu v BS Mohindra Limited [2019] KEELRC 410 (KLR)
✦ The termination was procedurally unfair and the claimant is entitled to three months' pay in lieu of notice, 28 days' pay for each completed year of service as gratuity, and compensation equivalent to 6 months' salary.
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Martin Wamae Wangu and 294 others v Bidco Africa Limited (Cause 1936 of 2015) [2019] KEELRC 401 (KLR) (Employment and Labour) (7 November 2019) (Judgment)
✦ The court awards compensation for notice pay and leave pay based on the actual salary earned and the last gross salary.
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Republic v Retirements Benefits Appeal Tribunal & another; Retirement Benefits Authority & 3 others (Interested Parties) Ex Parte Board of Trustees Teleposta Pension Scheme [2019] KEELRC 392 (KLR)
✦ The court dismissed the application, stating that the applicants cannot enforce an order they did not participate in and that the window for joinder of parties was closed on 23rd May 2018.
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Daniel Kamau Kagai v Two Four Seven Guards Limited [2019] KEELRC 373 (KLR)
✦ Claimant was dismissed without notice and without proof of misconduct, thus the dismissal was unfair and unlawful.
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Aineah Likumba Asienya & 11 others v Postal Corporation of Kenya & another [2019] KEELRC 343 (KLR)
✦ The court ruled in favor of the employees, awarding them a golden handshake of Kshs.200,000/-, 2 months' salary for each year worked, 3 months' basic salary in lieu of notice, and costs of the suit.
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Kenya Engineering Workers Union v Devki Steel Mills Limited [2019] KEELRC 422 (KLR)
✦ The court awards the grievant the following terminal dues: Notice Kshs.11,937.00, Service Kshs.29,812.00, Prorata Leave Kshs.1,392.00, Underpayment Kshs.70,803.00, and Accrued Leave Kshs.4,130.00, totaling Kshs.118,074.00.
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Moses Ndereba Maigallo v TKM Maestro Limited & 2 others [2019] KEELRC 415 (KLR)
✦ Judgment for the claimant for Kshs.604,500, with costs awarded to the claimant and interest on the decretal sum.
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Kiganane v Mega Pack (Kenya) Limited (Cause 383 of 2017) [2019] KEELRC 2626 (KLR) (7 November 2019) (Judgment)
✦ The claims are found without merit and are hereby dismissed
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Jared Okero Bosire v Riley Services Limited [2019] KEELRC 424 (KLR)
✦ The suit is dismissed with costs to the Respondent for being an abuse of the court process.
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Peter Macharia Maina v Nyeri County Public Service Board [2019] KEELRC 468 (KLR)
✦ Only the sum claimed as acting allowance is granted, Kshs. 213,624/-, and costs of the suit to scale.
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John Mwengea & another v In-Time Manpower Solutions [2019] KEELRC 469 (KLR)
✦ The Claimants are entitled to one month's salary in lieu of notice and 6 months' salary as compensation for the unlawful dismissal.
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Joseph Gachanja Ngari v Ark Limited [2019] KEELRC 441 (KLR)
✦ The motion is not fit for grant and is dismissed
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Jacqueline Kadogo Imbali v Bobby Guard Limited [2019] KEELRC 433 (KLR)
✦ Claimant is entitled to a declaration that her termination was unlawful and unfair, salary underpayment, salary in lieu of notice, in lieu of leave, in lieu of rest days, in lieu of public holidays, house allowance, severance pay, 12 months' compensation, certificate of service, costs, and interest on the sums in b, c, d, e, f, g, h, and i above at court rates from the date of judgment till payment in full.
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Kenya Union of Commercial Food & Allied Workers v Jatomy Enterprises Limited [2019] KEELRC 462 (KLR)
✦ The Court found the dismissal to be unfair and unlawful, and ordered the Respondent to pay the Grievant's house allowance, public holidays, overtime, and accrued annual leave.
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David Miregwa Nyanchongi v Chemelil Sugar Company Limited [2019] KEELRC 388 (KLR)
✦ The appeal is dismissed. The suit was time barred by the three-year limitation period under Section 4(1) of the Limitation of Actions Act.
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Kenya National Union of Nurses v Kiambu County Public Service & 4 others [2019] KEELRC 528 (KLR)
✦ The Claimant is not entitled to arrears prior to June 2019 when the notice was served, as the notice was not served on the employer.
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Richard Kerama Ratemo v Richard Nyagaka Tongi [2019] KEELRC 432 (KLR)
✦ The claimant has failed to establish any cause of action against the respondent, Member of Parliament.
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Nobert Muhoro Ikundo Mwanyalo v Nzoia Sugar Company Limited [2019] KEELRC 475 (KLR)
✦ The court finds that the respondent had valid grounds to terminate the claimant's employment and that the claimant failed to prove the termination was wrongful.
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Bakery Confectionery Food Manufacturing & Allied Workers Union (K) v United Millers United [2019] KEELRC 399 (KLR)
✦ The suit lacks merit and is dismissed with no order as to costs.
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Peter Wasuani Makunda & 13 others v Jiangixi Zhognmei Engireeering Constructions Company Limited [2019] KEELRC 386 (KLR)
✦ The claimants' computations are void and incapable of execution. The decree and attachment are set aside. The claimants are ordered to compute and file the decretal sum within 7 days, and the respondent is ordered to satisfy the decree within 60 days.