Kenyan case law
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Kenya Universities Staff Union v Vice-Chancellor, Masinde Muliro University of Science & Technology & another [2021] KEELRC 412 (KLR)
✦ The Court finds that the limitation plea raised by the University is devoid of merit and the Union was involved in the consultations, thus the orders sought cannot be granted. The Cause is dismissed with no orders on cost in light of the social partnership between the parties.
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Collins Tembo Mwangombe v Awanad Enterprises Limited & another [2021] KEELRC 465 (KLR)
✦ The application to set aside the interlocutory judgment is dismissed with costs for the claimant.
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Robert Ochanda Abuya v Kenya Power and Lighting Company Limited [2021] KEELRC 462 (KLR)
✦ The application is dismissed as the Respondent has more to lose if the injunction is granted.
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Cyrus Musila Mwalimu v Spears Ship Contractors Ltd [2021] KEELRC 373 (KLR)
✦ Court finds claimant failed to establish employment in 2004 and failed to prove special claims. Claim dismissed.
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Dinah Jemelly Kirwa v National Hospital Insurance Fund & another [2021] KEELRC 440 (KLR)
✦ The court declared the dismissal unfair and unlawful and awarded the claimant Kshs 13,182,225.
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Johnson Kazungu v Kenya Marine and Fisheries Research Institute [2021] KEELRC 444 (KLR)
✦ Application dismissed with costs
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Samuel Mangale Madzao & 4 other v Dhanjal Investments Limited t/a Travellers Beach Hotel & Club [2021] KEELRC 476 (KLR)
✦ The application is allowed. The ruling by the Deputy Registrar and Taxing Master is set aside. The claimants' party and party bills of costs are referred for fresh taxation. The applicant is ordered to bear costs of the application.
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Lenny Kimathi Murungi v Kenya Wine Agencies Limited [2021] KEELRC 466 (KLR)
✦ The court extends the time for filing the appeal and admits the cross appeal as duly filed and served
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Dennis Otieno Mutula v Kenya Revenue Authority [2021] KEELRC 390 (KLR)
✦ The court orders the respondent to furnish the applicant with the memo dated 16th June, 2021, Ref: KRA/SIRM/003/026 and any such document and/or information wherefrom the attendance data was extracted.
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Patrick Kariuki v Mustek East Africa Limited [2021] KEELRC 407 (KLR)
✦ The claimant's employment contract was amended unilaterally, which is deemed an unfair labour practice. The claimant is entitled to damages for unfair and constructive dismissal, refund of unauthorized deductions, and service pay.
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Kenya Union Of Commercial, Food And Allied Workers Union v Vishnu Enterprises [2021] KEELRC 417 (KLR)
✦ The court found that there was an existing employment relationship between the grievant and the respondent. However, the court determined that the termination was not wrongful and unlawful as the respondent did not provide valid reasons for the termination.
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Joseph Igamba Mwaura v Resort Kenya Limited [2021] KEELRC 419 (KLR)
✦ The claimant's termination was unfair and unlawful.
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Alwi Omar Mohamed v Lota Automobiles Limited (Cause 242 of 2018) [2021] KEELRC 455 (KLR) (19 November 2021) (Judgment)
✦ The termination was not unfair and the claimant was his own author of his predicament.
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Kenya National Union of Nurses v Nyamira County Public Service Board [2021] KEELRC 451 (KLR)
✦ The Court found the Board breached the return to work agreement by failing to pay the agreed salaries.
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Ernest Msafiri Morris v Atta (K) Limited [2021] KEELRC 2382 (KLR)
✦ The Court finds that the claims for overtime and work on public holidays were time barred due to the 12-month limitation period under section 90 of the Employment Act, 2007. The claimant has not established the alleged practice of three months' notice for retiring employees.
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Edwin Songoroh & another v Amony Koech Yatich & another [2021] KEELRC 432 (KLR)
✦ The learned Magistrate did not err in finding that she had no jurisdiction to delve into the alleged new evidence. The Magistrates' Court enjoyed the necessary jurisdiction to adopt the Director's decision for subsequent enforcement.
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Raphael Munyua Ndung’u v County Government of Lamu & another [2021] KEELRC 453 (KLR)
✦ The court finds the termination wrongful, capricious, unreasonable, and contrary to the tenets of Chapter 6 of the Constitution. The claimant is awarded a declaration, compensation, and costs.
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Ann Wanjiku Mwangi v Faith Homes of Kenya (Cause 419 of 2017) [2021] KEELRC 409 (KLR) (Employment and Labour) (19 November 2021) (Judgment)
✦ The court finds that the respondent did not reasonably accommodate the claimant's backaches and that the employment relationship was severed due to the claimant's resignation on medical grounds.
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Josephat Kitoto Werev New Kenya Co-operative Creameries Ltd [2021] KEELRC 463 (KLR)
✦ The Court finds the termination of the Claimant's contract was valid and fair, and compensation and pay in lieu of notice are not available remedies.
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James Tsuma Bendoro v Unik Driving School & Iqra Driving School (Msa) Limited [2021] KEELRC 472 (KLR)
✦ The claimant's suit against the 1st respondent is dismissed with costs. The suit against the 2nd respondent is dismissed and the counterclaim is declined.
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Maurice Omondi Rakira v Load Trailers East Africa Limited [2021] KEELRC 364 (KLR)
✦ Employment was terminated, but procedurally and substantively unfair.
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Bethwel Odindo Oweya v Panari Hotel [2021] KEELRC 416 (KLR)
✦ The claimant's termination was unfair and unlawful.
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Alphonse Mwangemi Munga & 10 others v African Safari Club Limited & 3 others;Erdemann Property Limited & 3 others (Interested Parties) [2021] KEELRC 395 (KLR)
✦ The application is dismissed as it lacks merit and is a gross abuse of court process.
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Kirwa Jonah t/a mwakio,Kirwa & Co Advocate v County Public Services Board Bomet & another [2021] KEELRC 368 (KLR)
✦ The application is not res judicata and the leave sought is merited.
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Javas Bigambo v Board, Lake Victoria South Water Works Development Agency; Geroge J O Odedeh (Interested Party) [2021] KEELRC 477 (KLR)
✦ A conservatory order is issued prohibiting the Respondent, their employees, servants and/or agents or anyone acting on their behalf from shortlisting, interviewing, appointing or taking any further step towards filling the position of the Chief Executive Officer of Lake Victoria South Water Works Development Agency pending the hearing and determination of this petition.