Kenyan case law
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Protective Custody Limited v Temesi (Appeal E134 of 2024) [2024] KEELRC 13392 (KLR) (29 November 2024) (Judgment)
✦ The court finds the trial court erred in finding the termination was unfair and unlawful, and in awarding the terminal dues.
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Omar v Nyatangi (Appeal E102 of 2024) [2024] KEELRC 13408 (KLR) (29 November 2024) (Judgment)
✦ The court dismissed the appeal and upheld the trial court's decision regarding the award of house allowance and six months' compensation.
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Muumbo v Kilonzo t/a Kilonzo NM & Company Advocates; Lin-Cap Credit Limited (Objector) (Cause 1247 of 2014) [2024] KEELRC 13278 (KLR) (28 November 2024) (Ruling)
✦ The Court finds that Samumu Auctioneers acted within the law and discharged their mandate as had been directed. The objector's application is dismissed with no orders to costs.
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Kaburu & 3 others v Kihingo Village Waridi Gardens Management (Cause E370 of 2023) [2024] KEELRC 13309 (KLR) (28 November 2024) (Ruling)
✦ Preliminary Objection dismissed
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Kenya Shipping, Clearing, Freight Logistics and Warehouse Workers Union v Volt Management Services Limited & another (Cause E921 of 2023) [2024] KEELRC 13258 (KLR) (28 November 2024) (Ruling)
✦ The Grievants were in the employment of the 1st Respondent, and their claim against the 2nd Respondent is frivolous and an abuse of the court process.
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Siso v Governor, County Government Of Siaya & 2 others (Cause E085 of 2023) [2024] KEELRC 13305 (KLR) (28 November 2024) (Judgment)
✦ The Claimant's termination was both substantively and procedurally unfair.
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Wanyonyi & 70 others v Trans-Nzoia Public Service Board & another (Petition E003 of 2023) [2024] KEELRC 13303 (KLR) (28 November 2024) (Ruling)
✦ Each party shall bear its costs
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Kenya Plantation & Agricultural Workers Union v Mahee Flowers Ltd (Cause E004 of 2023) [2024] KEELRC 13264 (KLR) (28 November 2024) (Judgment)
✦ Termination was found to be unfair, and the Respondent is ordered to pay the Grievant gratuity, compensation for unfair termination, and notice pay.
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Wells Fargo Limited v Karanja & others (Miscellaneous Application E078, E079, E080, E081, E082, E083, E084, E085 & E086 of 2024 (Consolidated)) [2024] KEELRC 13254 (KLR) (28 November 2024) (Ruling)
✦ The court upholds the Taxing Master's decision to deconsolidate costs and remuneration orders, and sets aside the previous ruling by Hon D.O Mbeja.
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Bakery Confectionery Food Manufacturing & Alied Workers Union (K) v Mjengo Limited (Cause 1844 of 2017) [2024] KEELRC 13277 (KLR) (28 November 2024) (Ruling)
✦ The claimant's applications are dismissed as they are found to be abusive of the court process and due to non-disclosure of relevant information.
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Otiende v Public Service Commission & another; REG1, REG2, REG3, REG4, REG5, REG6, REG7, REG8 AND REG9 Being Advocates Employed in the Public Service in the Year 2020 and 2021 as Land Registrars under Land Registration Act, 2012 (Interested Party) (Petition E085 of 2024) [2024] KEELRC 13265 (KLR) (28 November 2024) (Ruling)
✦ The petition is hereby dismissed and each party to bear their own costs.
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Kenya Shipping Clearing Freight Logistics & Warehouse Workers Union v Vegpro (K) Ltd VP Group (Cause E1031 of 2021) [2024] KEELRC 13279 (KLR) (28 November 2024) (Ruling)
✦ The application is dismissed with costs as the reasons for the claimant's failure to attend court are not truthful and the claimant has not demonstrated steps taken to prosecute the claim.
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Amboka v Opondo & 2 others (Miscellaneous Application E005 of 2023) [2024] KEELRC 13609 (KLR) (28 November 2024) (Ruling)
✦ The court finds that the application was filed in the wrong court and has no jurisdiction to hear it.
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Attorney General v Director of Criminal Investigations & 2 others; Kigen & another (Exparte Applicants) (Judicial Review E019 of 2024) [2024] KEELRC 13289 (KLR) (28 November 2024) (Ruling)
✦ The court found that due process was not followed and that the ex-parte applicants are entitled to the reliefs sought.
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Mwangi & 2 others v Registrar of Trade Unions & another (Employment and Labour Relations Petition E023 of 2024) [2024] KEELRC 13291 (KLR) (28 November 2024) (Judgment)
✦ The petition is not merited and the prayers are disallowed
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Bereket v Estate of James Alan Davies & another (Cause E494 of 2021) [2024] KEELRC 13262 (KLR) (28 November 2024) (Judgment)
✦ Claimant's claim for payment of terminal dues and severance pay is dismissed as he failed to establish an employment relationship with the Respondents.
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Mbithi v Public Service Commission & 3 others (Petition 78 of 2018) [2024] KEELRC 13266 (KLR) (28 November 2024) (Ruling)
✦ Application dismissed with no orders on costs
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Nyamai v Kenya Hospital Association t/a the Nairobi Hospital (Miscellaneous Application E288 of 2023) [2024] KEELRC 13311 (KLR) (28 November 2024) (Ruling)
✦ The court has no jurisdiction to transfer the suit from the Magistrates' Court to the Employment and Labour Relations Court.
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Muthee v LJA Associates LLP & another (Cause E743 of 2022) [2024] KEELRC 13271 (KLR) (28 November 2024) (Judgment)
✦ The Claimant was an employee of LJA Associates LLP, and the termination of her contract was not legitimate.
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Amule v Kenya Breweries Limited (A Subsidiary of East African Breweries Limited) & 2 others (Cause E742 of 2023) [2024] KEELRC 13302 (KLR) (28 November 2024) (Ruling)
✦ The Notice of Preliminary Objection is dismissed
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Sarai v Easy Coach Limited (Miscellaneous Application E040 of 2024) [2024] KEELRC 13259 (KLR) (28 November 2024) (Ruling)
✦ The application is dismissed with costs to the Applicant.
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Kitheka v Safaricom Limited (Cause 892 of 2018) [2024] KEELRC 13263 (KLR) (28 November 2024) (Judgment)
✦ The Court finds in favor of the Claimant, awarding Kshs. 1,103,545 in compensation for unlawful and unfair termination of employment.
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Said v Bliss Healthcare Ltd (Cause E513 of 2022) [2024] KEELRC 13276 (KLR) (28 November 2024) (Judgment)
✦ The contract was not unlawfully terminated; it came to a close through euxion of time.
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Kenya Plantation and Agricultural Workers Union v Red Hill Nurseries Ltd (Cause E836 of 2024) [2024] KEELRC 13283 (KLR) (28 November 2024) (Ruling)
✦ The court declined the Union's request for restraining orders and ordered the parties to attempt conciliation through the County Labour Officer, Nairobi.
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Board of Management Highway Secondary School v Mwangi (Appeal 62 of 2022) [2024] KEELRC 13282 (KLR) (28 November 2024) (Judgment)
✦ The appeal is allowed, the default judgment is set aside, and the Appellant is granted leave to file and serve a Statement of Response to the claim within 21 days of this Judgment.