Kenyan case law
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Julius Macharia Mwangi v Mutanga Investment Limited [2016] KEELRC 512 (KLR)
✦ The application for contempt filed by the claimant is dismissed.
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Pitynase Muthoni Kirigu v Board of Management, Chogoria Girls Boarding Primary School [2016] KEELRC 510 (KLR)
✦ The court finds that the claimant's employment was constructively terminated and that the termination was not unfair. The claimant is not entitled to the remedies as prayed for, and the respondent is entitled to the refund of Kshs.594,339.50.
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Dennis Mutua Simon & 9 others v Insight Management Consultants Limited [2016] KEELRC 511 (KLR)
✦ Termination was based on valid ground but lacking in fairness of procedure. The Respondent shall pay the Claimants the total amount of Kshs. 658,430 in compensation and terminal dues.
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Kimutai Langat v Kenya Credit Traders Limited [2016] KEELRC 186 (KLR)
✦ The summary dismissal was unfair.
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Josephine Kirigo Kagwanja v Waruhiu Construction Ltd [2016] KEELRC 95 (KLR)
✦ The Claimant's resignation was prompted by a hostile work environment amounting to constructive dismissal and the Respondent is ordered to pay her commuted leave Kshs 35,280/-
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Alfred Onyango Otieno v G4s Security Services (K) Ltd [2016] KEELRC 530 (KLR)
✦ The Court finds the dismissal wrongful and unfair, and awards the claimant one month's salary in lieu of notice, six months salary as compensation for unfair termination of services, and costs of the suit.
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Chikophe Janja Kurera & 2 Others v Kassam Hauliers Limited [2016] KEELRC 493 (KLR)
✦ The termination of the claimants' employment was unfair.
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Joseph Mwambodze Nyotta v Capex Life Assurance Co. Ltd (Cause 851 of 2015) [2016] KEELRC 499 (KLR) (14 October 2016) (Judgment)
✦ The termination of the claimant's employment was a mutual agreement, and the claims for salary in lieu of notice and compensation for unfair termination are dismissed. The claimant is awarded kshs.120,000 for July 2015 salary and kshs.33,550 for leave earned.
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Kenya Hotels & Allied Workers Union v Sun Africa Hotels & another [2016] KEELRC 275 (KLR)
✦ The motion is dismissed save for prayer 6 seeking priority determination of the main claim.
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James Kipchirchir Sambu v Patriotic Guards Limited [2016] KEELRC 53 (KLR)
✦ The application is allowed with certain conditions
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Richard Isaac Mwangangi v Kenya National Examinations Council [2016] KEELRC 57 (KLR)
✦ The Court finds serious questions of fact and law that must be addressed before granting any of the orders sought by the Claimant. A hearing date for the main claim will be issued.
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Okiya Omtatah Okoiti v Cabinet Secretary for Water and Irrigation & 6 others [2016] KEELRC 49 (KLR)
✦ The Court found that the Employment and Labour Relations Court has jurisdiction over the matter and that the appointments were not in accordance with the law.
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Agnes Ongadi v Kenya Electricity Transmission Company Limited [2016] KEELRC 14 (KLR)
✦ Conservatory orders issued to stop recruitment and replacement of Claimant
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Republic v Attorney General & another Ex Parte Kariuki Kingari Murebu & 8 others [2016] KEELRC 54 (KLR)
✦ The court ordered the respondent to settle the decretal sum of Kshs.72,820,868.00
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Dorothy Njoki Ndung’u v Machakos University College & another [2016] KEELRC 17 (KLR)
✦ The Court declared the suspension and disciplinary action unlawful and nullified them. It ordered the reinstatement of the Claimant's employment, payment of withheld salaries, reinstatement of medical cover, and allowed her to continue with medical treatment during her leave.
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James Kabinga & another v Central Bank of Kenya [2016] KEELRC 532 (KLR)
✦ The application for a stay of execution is allowed on condition that half of the decretal sum be released to the Respondent Claimant and the other half be deposited in an interest earning account held on the joint names of Counsel on record within the next 30 days.
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Leonard Gethoi Kamweti v National Bank of Kenya Limited & 2 others [2016] KEELRC 453 (KLR)
✦ The termination was unlawful and unfair, and the Claimant is entitled to damages and other remedies.
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Christine Ingwalas Emokori v Penta Tancom Limited [2016] KEELRC 474 (KLR)
✦ Claimant's dismissal was unlawful and unjustified.
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Mutemi Musyoka v Public Service Commission of Kenya & Another [2016] KEELRC 428 (KLR)
✦ Petitioner's termination was unfair and unjustified, and he is awarded 12 months salary as damages, 1 month salary in lieu of notice, 15 days salary for each year of service, and 1 month salary in lieu of leave not taken.
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Peter Mwendwa Kaliki v Public Service Commission of Kenya & another [2016] KEELRC 447 (KLR)
✦ The Petitioner's termination was unfair and unjustified, and he is awarded 12 months salary as damages, 1 month salary in lieu of notice, 15 days salary for each year of service as severance pay, and 1 month salary in lieu of leave not taken.
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Peter Mwangi Maina v Standard Group Limited [2016] KEELRC 599 (KLR)
✦ The Application to Dismiss is granted.
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Kenya Union of Domestic, Hotels,Educational Institutions, Hospitals and Allied Workers v Arutani Secondary School [2016] KEELRC 320 (KLR)
✦ The Court declines to exercise its discretion in favour of the Claimant and dismisses the motion with no order as to costs.
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Okiya Omtatah Okoiti v President of Kenya & 6 others [2016] KEELRC 620 (KLR)
✦ The court granted the interim injunction, finding that the petitioner had shown a prima facie case and that the balance of convenience favored the petitioner.
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Peter Ocholi v Chairman, Board of Management Afraha High School [2016] KEELRC 611 (KLR)
✦ The instant cause is dismissed with costs to the Respondent as it is an abuse of the court process
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Enock Nyakundi Onchwari v National Authority for the Campaign Against Alcohol and Drug Abuse & 2 others [2016] KEELRC 623 (KLR)
✦ The court found that the process leading to the suspension was unprocedural and against the principles of natural justice.