Kenyan case law
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Mweresa v County Public Service Board of Vihiga & another (Cause 4 of 2022) [2022] KEELRC 13286 (KLR) (24 November 2022) (Ruling)
✦ The court finds it had jurisdiction to adopt the consent agreement and dismisses the application.
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Nyamai v Harley’S Limited (Cause 5 of 2017) [2022] KEELRC 13274 (KLR) (24 November 2022) (Judgment)
✦ The Court found the Claimant's claim competent and proceeded to determine the Respondent's liability.
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Situma v Bungoma County Assembly Service Board (CASB) & 2 others (Cause E003 of 2021) [2022] KEELRC 13285 (KLR) (24 November 2022) (Ruling)
✦ The court finds that the issue for its determination under the Notice of Preliminary Objection is whether the court has jurisdiction to hear and determine the claim
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Swaleh v CMC Motors Group Ltd (Cause E665 of 2020) [2022] KEELRC 13287 (KLR) (24 November 2022) (Judgment)
✦ The termination of the claimant's employment was fair, and the claimant is not entitled to the reliefs sought.
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Ita v Philips Pharmaceuticals Ltd (Cause 1191 of 2015) [2022] KEELRC 13479 (KLR) (24 November 2022) (Judgment)
✦ The termination was found to be unfair due to lack of clear communication about the reasons for termination and the employer's failure to provide a valid reason for the termination.
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Onsando v Christ is the Answer Ministries (CITAM) (Cause 1892 of 2014) [2022] KEELRC 13295 (KLR) (24 November 2022) (Judgment)
✦ The termination was substantively and procedurally unfair, and the claimant is entitled to compensation.
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Mito v Nyanjom & 4 others (Petition 69 of 2018) [2022] KEELRC 13297 (KLR) (24 November 2022) (Ruling)
✦ Petitioner's application is dismissed as it lacks merit and is only tenable before an appellate court
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Karisa v Hakika Transporters Ltd (Cause 777 of 2017) [2022] KEELRC 13298 (KLR) (24 November 2022) (Ruling)
✦ The suit should not be dismissed for want of prosecution, and the Claimant shall prosecute the suit within six months, failing which the suit shall stand dismissed for want of prosecution.
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Ondara v Teachers Service Commission (Petition E042 of 2021) [2022] KEELRC 13275 (KLR) (24 November 2022) (Judgment)
✦ The court held that section 30 of the Teachers Service Commission Act is not unconstitutional and the petitioner's deregistration was not unfair.
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Guantai v Great Lakes Ports Limited (Cause 5 of 2019) [2022] KEELRC 13289 (KLR) (24 November 2022) (Judgment)
✦ The claimant's employment was constructively terminated by the respondent. The court awards compensation for unfair termination of employment.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA) v B.O.M Kibos School for the Blind (Cause E021 of 2021) [2022] KEELRC 13270 (KLR) (24 November 2022) (Judgment)
✦ The Court held that the suit is not time barred and that the grievant is deserving of the reliefs sought.
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Wanga v Commercial Bank of Africa Limtied (Cause 33 of 2019) [2022] KEELRC 13288 (KLR) (24 November 2022) (Judgment)
✦ termination was substantively unfair and procedurally unfair
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Mahamud & another v Fayaz Bakers Limited & another (Cause 106 of 2018) [2022] KEELRC 13341 (KLR) (24 November 2022) (Judgment)
✦ The termination of the 2nd Claimant's employment was found to be unfair and unlawful, and he is awarded compensation for unfair termination, house allowance, service gratuity, and unpaid leave days.
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Mideva v Kaimosi Tea Estates Ltd (Cause 29 of 2021) [2022] KEELRC 13276 (KLR) (24 November 2022) (Judgment)
✦ The court found the termination procedurally unfair and ordered compensation, notice payment, housing allowance, and certificates of service.
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West Kenya Sugar Co Ltd v Shirandula (Employment and Labour Relations Appeal E005 of 2021) [2022] KEELRC 13284 (KLR) (24 November 2022) (Judgment)
✦ The appeal is not merited.
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Kionge & 5 others v Speaker Migori County Assembly & 4 others (Judicial Review E010 of 2022) [2022] KEELRC 13283 (KLR) (24 November 2022) (Ruling)
✦ The court finds the circumstances exceptional and grants the application for judicial review.
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Kenya County Government Workers Union v County Government of Kisii & 2 others (Cause E007 of 2021) [2022] KEELRC 13291 (KLR) (24 November 2022) (Judgment)
✦ The claimant is entitled to the remedies sought.
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Makau v Cook ‘N’ Lite Ltd (Cause 902 of 2016) [2022] KEELRC 13299 (KLR) (24 November 2022) (Ruling)
✦ The court declines to vary or set aside the court's orders of September 20, 2022 and dismisses the respondent's application with no order as to costs.
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Sipeti v Label Converters Limited (Cause 155 of 2017) [2022] KEELRC 13481 (KLR) (24 November 2022) (Judgment)
✦ The claimant's contract expired by euxion of time, and he was not unlawfully terminated. The court orders the respondent to pay the claimant salary for the month of August, 2016, and interest on the underpayment.
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Ochwajilo & another v Onyango & 3 others (Cause E004 of 2021) [2022] KEELRC 13277 (KLR) (24 November 2022) (Judgment)
✦ Claimant is entitled to unpaid salary arrears for months March to November and half salary in December as Deputy Principal, and Kshs 14,750 as part-time lecturer payment. Claimant is awarded Kshs 60,000 in notice pay.
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Yattani v Eco Oil Kenya Limited (Employment and Labour Relations Cause 1575 of 2017) [2022] KEELRC 13293 (KLR) (24 November 2022) (Judgment)
✦ The Claimant is entitled to withheld salary in the sum of Kshs 600,000, which shall attract interest at court rates from June 8, 2018 until payment in full.
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Nyagah v Internet Solutions (Cause 650 of 2018) [2022] KEELRC 13294 (KLR) (24 November 2022) (Judgment)
✦ The claimant's probation period lapsed by euxion of time, and she was a confirmed employee at the time of termination.
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Makokha v Human Performance Dynamics Africa Limited (Cause 1593 of 2014) [2022] KEELRC 13269 (KLR) (24 November 2022) (Judgment)
✦ The termination was found to be unlawful and unfair.
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Ondiri v Sukari Sacco Limited (Employment and Labour Relations Cause 20 of 2017) [2022] KEELRC 13271 (KLR) (24 November 2022) (Judgment)
✦ The court found the dismissal was not fair as the reasons for dismissal were not valid and the employer failed to prove the reasons were fair.
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Muragami v Roben Aberdare (K) Limited (Cause E037 of 2021) [2022] KEELRC 13260 (KLR) (23 November 2022) (Judgment)
✦ The termination was unfair and unlawful due to non-compliance with the mandatory procedure outlined by section 40 of the Employment Act.