Kenyan case law
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Kennedy Kioko Wambua v Consolidated Bank Of Kenya [2019] KEELRC 496 (KLR)
✦ The termination was not unfair, and the claimant is undeserving of any award under section 49 of the Employment Act.
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Samson Ragira Nyamweya v National Police Service Commision & another [2019] KEELRC 522 (KLR)
✦ The Petition is declined.
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Peter Migwi & 2 others v Lustman &Co;. (90) Limited [2019] KEELRC 502 (KLR)
✦ The claimants were employees of the respondent, and the termination was not unfair. The claimants are entitled to 5 months' salaries, certificates of service, and costs. The respondent is not entitled to the counterclaims.
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Robert Nzai v Mzuri Sweets Limited [2019] KEELRC 498 (KLR)
✦ The Claimant's dismissal was unfair and unlawful due to the lack of procedural fairness and the absence of a disciplinary hearing.
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Edward Onyango Were v China Road and Bridge Corporation (K) [2019] KEELRC 357 (KLR)
✦ The dismissal was unlawful due to lack of reasonable cause and the Employment Act was violated.
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Kenya Union of Entertainment & Music Industry Employees v Multi Media University [2019] KEELRC 463 (KLR)
✦ The court orders the respondent to continue deducting and remitting union dues on a monthly basis for its staff members of the claimant union. The parties are to conclude the recognition agreement by December 15, 2019, to pave way for negotiation of the relevant CBA. Each party will bear their own costs.
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Chrispas C. Masha v Bei International Limited [2019] KEELRC 438 (KLR)
✦ The Claimant's claim is dismissed as it does not relate to employment and labour relations, but to a purely commercial transaction.
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Charles Nyaringo Rianga v Hatari Security Guards Ltd [2019] KEELRC 427 (KLR)
✦ The Court finds that the Respondent was in breach of contract/statute and awards the Claimant overtime pay of Kshs 315,071/-
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Augustus Mulwa Maluki v PG Bison Limited [2019] KEELRC 449 (KLR)
✦ The Court finds the summary dismissal unfair in procedure and merits, and awards the claimant Kshs.204,000 in compensation for the unfair termination.
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Kennedy Mwita Mohochi v Keroche Breweries Limited [2019] KEELRC 506 (KLR)
✦ The termination was unfair in procedure and merits, and the claimant is awarded one month's salary, pay in lieu of notice, and accrued leave.
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Mary Njambi Njenga v Equity Bank Kenya Limited [2019] KEELRC 464 (KLR)
✦ The Court finds the dismissal not unfair and dismisses the claimant's request for reinstatement or compensation. The claimant is awarded a certificate of service and Kshs.762,312.00.
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Rashid Musungu Mango & 42 others v Director General, National Youth Service & 2 others [2019] KEELRC 507 (KLR)
✦ The court dismissed the suit with costs.
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Banking, Insurance & Finance Union v Guardian Bank Limited [2019] KEELRC 444 (KLR)
✦ The Court dismisses the application and orders it dismissed with no order as to costs.
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Billy Omondi Nyaare v National Environment Management Authority [2019] KEELRC 451 (KLR)
✦ The cause of action arose when the Claimant received the letter of summary dismissal on 10 November 2014, not when it was sent on 30 October 2014.
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Jack Opondoh Kwemba v Sunday Publishers Limited/The Sunday Express Newspaper [2019] KEELRC 452 (KLR)
✦ The court finds that the claimant voluntarily resigned and does not support the claim of constructive dismissal.
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Mukawa (Hotel) Hodings Ltd t/a the Nairobi Safari Club v Wilson Chacha Muhono [2019] KEELRC 450 (KLR)
✦ The appeal is allowed, the judgment and decree by the trial court is set aside, and the appellant is awarded the costs of the original case and of the appeal.
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James Mwangi Njiiri v National Bank of Kenya Limited & another [2019] KEELRC 492 (KLR)
✦ The petition is dismissed with orders for each party to bear their own costs and for the petitioner to be at liberty to file an appropriate application in H.C.C.C No. 25 of 1998 within 30 days from the date of this judgment.
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David Okoth Ouma v Civicon Limited [2019] KEELRC 446 (KLR)
✦ Claimant awarded Kshs.20,704.00 for one month's notice pay and Kshs.10,000.00 for partial costs.
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Kennedy Nyandiri Nyangate v H. Young & Company Limited [2019] KEELRC 460 (KLR)
✦ The dismissal was lawful and the claimant is ordered to pay the respondent for the dismissal of the suit with no orders on costs.
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Patrick Gichobi Gakombe v H. Young & Company Limited [2019] KEELRC 448 (KLR)
✦ The dismissal was legal and the claimant is not entitled to service pay or other damages.
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Adan Abdow Hassan v Hans Kenya Limited [2019] KEELRC 489 (KLR)
✦ The termination of the claimant's employment was justified due to the decision to outsource security services, but the procedure followed was not fair.
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Naomy Osiemo v Geoffrey Nyang’au [2019] KEELRC 527 (KLR)
✦ The application is dismissed with costs.
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Ruto v Judicial Service Commission & another (Petition 48 of 2019) [2019] KEELRC 523 (KLR) (1 November 2019) (Judgment)
✦ Paragraph 23 of the Third Schedule to the Judicial Service Act is declared unconstitutional and null and void.
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Edward Kabuchu Thuku v Warren Enterprise Limited [2019] KEELRC 453 (KLR)
✦ Dismissal was wrongful, awarding damages, leave, and accrued leave
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Ruth Ndegwa v Development Alternatives Incorporated [2019] KEELRC 413 (KLR)
✦ The termination was unfair due to lack of notice and hearing, but the claimant contributed to her termination 100%. The 13th month bonus was not due as the performance appraisal had not been undertaken.