Kenyan case law
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Federation of Kenya Employers v Cabinet Secretary, Ministry of Foreign Affairs and International Relations & 4 others; Law Society of Kenya (Interested Party) (Petition E085 of 2023) [2023] KEELRC 3067 (KLR) (30 November 2023) (Judgment)
✦ The court declared that any person dissatisfied with the decision of Director of Occupational Health and Services in exercise of the authority under the Work Injury Benefits Act will have redress in the Employment and Labour Relations Court of Kenya.
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Kololi v CMC Motors Group Ltd (Cause E003 of 2022) [2023] KEELRC 3183 (KLR) (30 November 2023) (Judgment)
✦ The Claimant is entitled to ksh 241,046 as terminal dues, and the Respondent's counter-claim is dismissed.
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Ihonga v Mudete Factory Tea Growers Co Savings & Credit Ltd (Employment and Labour Relations Cause 26 of 2017) [2023] KEELRC 3147 (KLR) (30 November 2023) (Ruling)
✦ The warrants of attachment dated 19th October 2023 are set aside
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Kituku v Garden Hotel Limited (Employment and Labour Relations Cause 1637 of 2014) [2023] KEELRC 3201 (KLR) (30 November 2023) (Judgment)
✦ The Court awards the Claimant Kshs. 114,015 in addition to the previously awarded sum of Kshs. 323,985.
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Munyasya v Kenya National Union of Teachers & another (Employment and Labour Relations Cause E457 of 2023) [2023] KEELRC 3176 (KLR) (30 November 2023) (Ruling)
✦ The claimant's suspension was valid under the 1st Respondent's Constitution, and he should have followed the grievance resolution process before filing the lawsuit.
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Kenya Union of Domestics, Hotels, Educational Institutions And Hospital Workers v Board of Management Kolanya Girls National School (Employment and Labour Relations Cause 6 of 2023) [2023] KEELRC 3161 (KLR) (30 November 2023) (Judgment)
✦ The court finds the suit premature and dismisses the claim.
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Aluoch v Kenya Ports Authority & another (Cause E071 of 2022) [2023] KEELRC 3149 (KLR) (30 November 2023) (Ruling)
✦ The Court grants the Claimant leave to amend his statement of claim.
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Metric Inn Hotel Limited & another v Barasa (Appeal E114 of 2023) [2023] KEELRC 3171 (KLR) (30 November 2023) (Ruling)
✦ The application is struck out and costs are awarded to the respondent.
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Wamukota v Kenya Electricity Transmission Company Limited & 2 others (Petition E213 of 2023) [2023] KEELRC 3068 (KLR) (30 November 2023) (Ruling)
✦ The Court finds that the petitioner has established a prima facie case for the grant of interim orders and suspends the 1st respondent's decision to suspend the petitioner for 12 months.
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Warutumo v Chemigas Limited (Cause 1551 of 2018) [2023] KEELRC 3080 (KLR) (30 November 2023) (Judgment)
✦ The dismissal was unfair due to the lack of procedural fairness
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Ombati v Governor Nyamira County & another (Petition E024 of 2023) [2023] KEELRC 3051 (KLR) (30 November 2023) (Ruling)
✦ The court declines to grant the conservatory order and dismisses the petition.
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Republic v County Secretary, The County Government of Bungoma & 5 others; Kenya County Government Workers Union Bungoma County Branch (Exparte); General Secretary Kenya County Government Workers Union (Intended Interested Party) (Judicial Review E001 of 2022) [2023] KEELRC 3164 (KLR) (30 November 2023) (Ruling)
✦ The court orders a right of appeal within 30 days
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Orangi v Kenyenya Teachers Training College (Appeal E013 of 2022) [2023] KEELRC 3085 (KLR) (30 November 2023) (Judgment)
✦ The Appellant's employment was converted into permanent employment under Section 37(1)(a), 2 & 3 of the Employment Act.
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Kenya Union of Sugar Plantation and Allied Workers v Busia Sugar Industry Limited (Employment and Labour Relations Cause 56 of 2021) [2023] KEELRC 3151 (KLR) (30 November 2023) (Judgment)
✦ The Court found that the Claimant has locus standi to bring the claim and that there is material evidence to enable the Court to arrive at a specific figure the Claimant is entitled to.
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Nyongesa v Masinde Muliro University of Science and Technology & another (Employment and Labour Relations Cause E023 of 2022) [2023] KEELRC 3155 (KLR) (30 November 2023) (Judgment)
✦ The Court found that the Claimant did not resign and thus, the Respondents were not justified in stopping his salary.
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Kenya Hotels & Allied Workers Union v Sun Developers t/a Golden Tulip Hotels (Cause E409 of 2021) [2023] KEELRC 3088 (KLR) (30 November 2023) (Judgment)
✦ The Court finds in favor of the Grievant and orders him to be paid his terminal dues, compensation for 2 months salary, costs of the suit, and interest on the sums awarded.
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Okwangaise v Spur Security Services Limited (Cause 1681 of 2015) [2023] KEELRC 3203 (KLR) (30 November 2023) (Judgment)
✦ The Respondent unfairly terminated the Claimant's employment as a consequence of the court case. The Claimant is entitled to pay in lieu of notice, house allowance, annual leave, public holidays, and underpayments.
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Kenindia Assurance Co. Limited v Raymond Olendo t/a Olendo, Orare & Samba Co. Advocates (Miscellaneous Case E019 of 2022) [2023] KEELRC 3057 (KLR) (30 November 2023) (Ruling)
✦ Leave to appeal granted and extension of time ordered
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Maigua v Premier [Kenya] Limited (Cause 1299 of 2016) [2023] KEELRC 3082 (KLR) (30 November 2023) (Judgment)
✦ Termination was unfair in substance and procedure, and the Claimant is granted 5 months' gross salary in compensation for unfair termination.
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Kimemia v Kidde – Fenwal INC & another (Cause 111 of 2018) [2023] KEELRC 3066 (KLR) (30 November 2023) (Ruling)
✦ The 2nd Respondent is reinstated to the proceedings as a co-respondent and the name is amended to 'United Technologies Corporation'. The 2nd Respondent is a necessary party to the claim.
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Munene v Kenya Evangelical Lutheran Church; Kahuthu & 3 others (Former Respondents) (Cause 446 of 2014) [2023] KEELRC 3061 (KLR) (30 November 2023) (Ruling)
✦ The Court is not able to make a final ruling on the reference filed by the Former Respondents due to lack of clarity in the record. The le is referred to the Principal Judge to consider if it should be placed before the Hon. Trial Judge or other Hon. Judge familiar with the record.
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Kiindu & 2 others v Kitui County Public Service Board & 3 others; Musyoki & 12 others (Interested Parties) (Petition E093 of 2022) [2023] KEELRC 3053 (KLR) (30 November 2023) (Ruling)
✦ The Court declines to hear and determine the Petition, upholds the Preliminary Objection, and orders costs to be borne by the Petitioners.
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Osire v Mega Pack (K) Limited (Cause 66 of 2018) [2023] KEELRC 3160 (KLR) (30 November 2023) (Ruling)
✦ The court grants the application for stay of execution pending the hearing and determination of the appeal.
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Corrugated Sheets Limited v Oganyo (Appeal E036 of 2023) [2023] KEELRC 3144 (KLR) (30 November 2023) (Ruling)
✦ The Appellant's application for a stay of execution was dismissed with costs, and the application for review was also dismissed.
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Republic v County Secretary, the County Government of Bungoma & 5 others; Kenya County Government Workers Union Bungoma County Branch (Exparte); General Secretary Kenya County Government Workers Union (Intended Interested Party) (Judicial Review E001 of 2022) [2023] KEELRC 3162 (KLR) (30 November 2023) (Ruling)
✦ The court upheld the previous judgment and granted the right of appeal to the appellant within 30 days.