Kenyan case law
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Mathew Munyao and 133 others v General Plastics Limited [2018] KEELRC 373 (KLR)
✦ The refusal to allow the employees to access the work premises amounted to unfair termination as it was intended to coerce them into signing fresh contracts while the previous contracts had not expired.
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Musili Makati v Canton Building & Construction Limited [2018] KEELRC 493 (KLR)
✦ The Court finds the claimant was unfairly terminated and awards him 12 months' salary in compensation for unfair termination.
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Melisa Akinyi Ayoyi v Claudio Benaglia t/a Royal Tulia Resort [2018] KEELRC 485 (KLR)
✦ Termination was unfair and unlawful.
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James Kiio Kyule v Crown Industries Limited [2018] KEELRC 494 (KLR)
✦ The Court dismisses the suit and orders each party to bear their own costs.
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Lucy Nyokabi Kamande v Kabati Farmers Co-operative Society [2018] KEELRC 331 (KLR)
✦ The court orders the Respondent to pay the Claimant Kshs 24,000 for unpaid salary and costs of the suit.
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John Munyao Musiku v Athi River Mining Limited [2018] KEELRC 459 (KLR)
✦ The claimant's employment was terminated unfairly due to lack of procedural fairness and the absence of a disciplinary hearing.
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Banking, Insurance and Finance Union (K) v Bank of India [2018] KEELRC 403 (KLR)
✦ The Court held that the cause of action arose on April 27, 2005, and dismissed the grievants' claims.
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Beatrice Kedeveresia Elachi v Nairobi City County Assembly Service Board & 4 others [2018] KEELRC 61 (KLR)
✦ Application dismissed as the Contempt of Court Act is invalid.
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Samuel Kigima Kamau v Invesco Assurance Company Limited [2018] KEELRC 296 (KLR)
✦ The court found that the dismissal was unfair and that the employer did not comply with the mandatory procedures for fair hearing provided in Section 41 of the Employment Act.
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Kenneth Mukhengi Masinde v Gerald Cunningham (Cause 1993 of 2012) [2018] KEELRC 525 (KLR) (Employment and Labour) (30 November 2018) (Judgment)
✦ The claimant is not entitled to the remedies as prayed for.
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Elvira Akinyi Migwa v Barclays Bank of Kenya Limited [2018] KEELRC 284 (KLR)
✦ Court finds claim without merit and dismisses with costs
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Kenya Tertiary and Schools Workers Union v National Polytechnic Council & another [2018] KEELRC 141 (KLR)
✦ The respondent cannot have a recognition agreement with two unions in the same sector and is ordered to remit union dues to the claimant union.
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Betty Mwenda Ngondu v Madawa Pharmaceuticals Limited [2018] KEELRC 323 (KLR)
✦ The court finds no valid reason for terminating the claimant's service and orders compensation and reinstatement.
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Bernard Marita v Charm Flowers Ltd [2018] KEELRC 498 (KLR)
✦ Termination was not unfair, claimant is not entitled to damages or compensation
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Julius Kibera Gituro v ICEA Lion Insurance Company Ltd [2018] KEELRC 516 (KLR)
✦ The court lacks jurisdiction to determine the dispute and transfers the suit to the Chief Magistrates Milimani Commercial Court.
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Paul Mutavi & Richard Mutua Nthuli v Dunman Investments [2018] KEELRC 488 (KLR)
✦ The application is dismissed without merit and with no order as to costs.
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Lieutenant Colonel Lukale Moses Sande v Kenya Defence Forces & another [2018] KEELRC 509 (KLR)
✦ The termination was procedurally flawed and unfair, but not null and void.
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Okwaro J. L. Loroi v Dickson Muzungu & 3 others [2018] KEELRC 311 (KLR)
✦ The claimant's termination was not justified and he is entitled to his terminal dues.
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Republic v Industrial Court (as established under the Labour Institutions Act No.12 of 2007) & another ; James Machuka (Interested Party) ; Ex - parte Industrial and Commercial Development Corporation [2018] KEELRC 481 (KLR)
✦ The appeal is allowed, and the judgment and orders of the ELRC are set aside. The matter is remitted back to the court for a determination of whether an employer-employee relationship existed between the applicant and the interested party.
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Kenya Hotels & Allied Workers Union v Zomeni Lion Hill Camp [2018] KEELRC 521 (KLR)
✦ The Court will order a ballot to determine the number of unionisable employees and will direct the County Labour Officer to conduct the ballot and file a report within 45 days.
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Pauline Wangare Nganga & 4 others v County Government of Kajiado & another [2018] KEELRC 519 (KLR)
✦ The application is allowed, and the suit is reinstated. The court directs the parties to file witness statements and documents by specific dates.
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Kenya Hotels and Allied Workers Union v Mapango Management Limited [2018] KEELRC 386 (KLR)
✦ Termination was unfair and the Respondent must pay compensation and terminal benefits as claimed.
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Marijiana Mutiso Mwasya v Panesars Kenya Limited [2018] KEELRC 326 (KLR)
✦ The court found no employer-employee relationship existed between the claimant and the respondent, thus dismissing the claim.
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Lee Mwenga Kioko v Dac Aviation (E.A) Limited [2018] KEELRC 511 (KLR)
✦ The termination of the claimant’s contract was fair and lawful under section 42 of Employment Act and the probationary contract.
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Leonard Chiunda v Msingi East Africa Ltd [2018] KEELRC 496 (KLR)
✦ The Court finds that the office of Director Finance and Operations was abolished, the redundancy was not unfair, and the parties negotiated possibilities of retention on redeployment and re-designation to lower position of Finance Manager but the same failed to materialise. The position having been abolished, practicability for implementing an order of reinstatement was thereby diminished.