Kenyan case law
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Elkanah Nyambati v Petro Oil Kenya Limited [2013] KEELRC 626 (KLR)
✦ The Respondent's absence during the hearing and the failure to serve a hearing notice 21 days before the hearing date do not meet the threshold set by the law to merit a review.
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Peter J. Otieno v United (EA) Warehouse Ltd [2013] KEELRC 619 (KLR)
✦ The termination was found to be unfair, and the Claimant is awarded one month salary in lieu of notice, underpayments, accrued leave, and compensation.
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Mwendwa Mutisya v AL- Micdad Parcel Services (Cause 1336 of 2011) [2013] KEELRC 637 (KLR) (12 July 2013) (Judgment)
✦ The court finds the termination of employment was unlawful and unfair, and orders reinstatement or re-engagement in comparable work.
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Hudson Onyachi v Olafs Kennerup & another (Cause 696 of 2011) [2013] KEELRC 653 (KLR) (12 July 2013) (Award)
✦ The claimant's claim is dismissed with no order as to costs. The termination was fair and just, and the claimant is not entitled to any terminal benefits except for the one month's salary for June 1997.
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Richard N. Onyonyi v Dhl Excess Supply Chain (K) Ltd [2013] KEELRC 701 (KLR)
✦ The court finds that the Claimant has failed to prove on a balance of probabilities that his contract of employment had changed to include extra responsibilities from February 2008, until the date of his resignation on 12th May, 2010.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers v Egerton University [2013] KEELRC 639 (KLR)
✦ The court dismisses the claimant's notice of motion with costs, finding that the claimant has failed to establish a prima facie case for grant of the interlocutory orders in the nature of injunction.
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Peter Mbugua Kanoi & 5 Others v Coffee Board Of Kenya [2013] KEELRC 749 (KLR)
✦ The Court finds that the claimants were discriminated against by the respondent and were not paid severance pay as per the Employment Act, but instead were paid for years remaining to retirement which resulted in their payments being less favorable.
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Miriam Kyalo v Mfi Office Solutions Limited [2013] KEELRC 646 (KLR)
✦ The Court found the dismissal to be unfair and ordered the Respondent to pay the Claimant terminal dues.
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Richard Wainaina Gichohi v Samuja Quality Wines & Spirit t/a Sheraton Archade Club & another [2013] KEELRC 672 (KLR)
✦ Claimant's claim dismissed with costs to respondents
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Christine Adot Lopeyio v Wycliffe Mwathi Pere [2013] KEELRC 244 (KLR)
✦ The court found in favor of the claimant.
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Mutunga James Musyoka v Factory Guards Limited [2013] KEELRC 711 (KLR)
✦ The Claimant's account of the circumstances surrounding the termination of his employment is found untruthful and unreliable, and the claims for unfair termination and salary for the remainder of the contract are dismissed. The claim for refund of Kshs. 3,000 deducted on account of uniform succeeds, and the Claimant is awarded leave for three years.
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Domotila Wanzila Muvanya v Insurance Regulatory Authority & 4 others [2013] KEELRC 669 (KLR)
✦ The court dismissed the petition and ordered status quo.
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Marangu Ruchu & another v Registrar, Industrial Court & 10 others [2013] KEELRC 647 (KLR)
✦ The court had jurisdiction to entertain contempt of court proceedings, and the petitioners' orders are dismissed
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Gachuri v Energy Regulatory Commission (Cause 203 of 2011) [2013] KEELRC 675 (KLR) (8 July 2013) (Judgment)
✦ The Court found the termination of the Claimant's employment to be fair and dismissed the claims.
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Patrick Njuguna Kariuki v Del Monte (K) Limited [2013] KEELRC 616 (KLR)
✦ The Court lacks jurisdiction to allow the Applicant to have a second bite on the cherry.
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Kudheiha Workers v Chairman B.O.G Malava High School [2013] KEELRC 633 (KLR)
✦ The claimants' prayers have been fully met, and the court enters judgment for the claimants in terms of the consent and orders that the parties proceed and negotiate for terms and conditions of employment.
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Reuben Nganga Muturi v The Trustees Catholic Diocese of Nakuru [2013] KEELRC 608 (KLR)
✦ The dismissal was unfair and the claimant is entitled to compensation and reinstatement.
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Henry Kakai & 10 others v Debendra Kamat T/A Swadish Foods [2013] KEELRC 689 (KLR)
✦ Declaration of redundancy was procedurally unfair and the claimants are owed redundancy dues.
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Ruth Wambui Gikonyo v Bible Baptist Christian Academy [2013] KEELRC 621 (KLR)
✦ The court finds that the termination of the Claimant's employment was due to operational reasons and orders the Respondent to pay severance pay and other amounts.
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Rosebell Wambui Muthee v Freight in Time Ltd [2013] KEELRC 550 (KLR)
✦ The Court denied the Respondent's application for stay of execution and granted leave to appeal out of time.
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Ruth Wambui Gikonyo v Bible Baptist Christian Academy [2013] KEELRC 620 (KLR)
✦ The court finds that the termination of employment was due to operational reasons and the Claimant is entitled to severance pay and notice pay.
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Mohamed Rafiz Issak T/A Al Noor Cafeteria v Kenya Hotels & Allied Workers Union [2013] KEELRC 635 (KLR)
✦ The preliminary objection is dismissed as not raising pure points of law, and the claimants are directed to amend their pleadings to bring them under the correct procedures of law governing the Industrial Court.
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Patrick Angala v Pathfinder International (Kenya) [2013] KEELRC 697 (KLR)
✦ The summary dismissal was lawful and fair.
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Kenya Engineering Workers Union v Eldoret Steel Mills Ltd [2013] KEELRC 702 (KLR)
✦ The court finds that there was unrest leading to some workers being locked out or staging a walkout. The claimants are entitled to compensation for the 3 employees who gave evidence.
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Josephine Seraphine Wadegu v Kenya Power & Lighting Co. Limited [2013] KEELRC 614 (KLR)
✦ Application dismissed