Kenyan case law
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University Academic Staff Union (Maseno Chapter) v Maseno University (Petition E015 of 2021) [2022] KEELRC 13280 (KLR) (23 November 2022) (Judgment)
✦ The court declares the respondent's decision invalid for failure to consult the union and orders the respondent to consult with the union to resolve the issue of teaching workload.
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Ndung’u v Roben Aberdare (K) Ltd (Cause E036 of 2021) [2022] KEELRC 13259 (KLR) (23 November 2022) (Judgment)
✦ The court found the termination to be unfair and ordered the claimant to be paid his terminal dues and issued a certificate of service.
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Nyaoga v Chairman, Kisii County Assembly Service Board & 3 others (Petition E036 of 2022) [2022] KEELRC 13279 (KLR) (23 November 2022) (Ruling)
✦ The court declines jurisdiction and dismisses the petition with costs
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Chengoli & 2 others v Kenya Universities Staff Union; Co-operative Bank of Kenya (Garnishee) (Miscellaneous Application E183 of 2022) [2022] KEELRC 13262 (KLR) (23 November 2022) (Ruling)
✦ An order absolute is granted in terms of prayer 3 in the application dated October 27, 2022.
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Mutekhele v Teachers Service Commission (Cause 382 of 2017) [2022] KEELRC 13268 (KLR) (23 November 2022) (Judgment)
✦ The court finds no merit in the cause and dismisses it with costs.
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Nduru v Avenue Car Hire and Leasing Ltd (Cause 839 of 2018) [2022] KEELRC 13264 (KLR) (23 November 2022) (Ruling)
✦ The application to amend the statement of claim is allowed, but the claimant is not granted leave to introduce new claims for NSSF dues and public holidays and Sundays.
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Rachuonyo v Jaramogi Oginga Odinga University of Science and Technology (Petition E035 of 2022) [2022] KEELRC 13278 (KLR) (23 November 2022) (Ruling)
✦ The Petition is struck out as it is an abuse of the court process.
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Ayiemba v Jepco Services and Renovators Ltd (Cause 2037 of 2016) [2022] KEELRC 13265 (KLR) (23 November 2022) (Judgment)
✦ The court finds that the separation of the parties was through desertion, not summary termination, and declares the Claimant was unfairly separated from the Respondent.
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Onzere v Jebrok Farmers Co-operative Society Ltd & 3 others (Cause 322 of 2016) [2022] KEELRC 13267 (KLR) (23 November 2022) (Judgment)
✦ The court dismisses the claim for lack of proof to the required standard
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Kansai Plascon Kenya Ltd v Choudhry (Appeal 13 of 2020) [2022] KEELRC 13266 (KLR) (23 November 2022) (Judgment)
✦ The court finds no error of law or fact in the finding of unfair termination but substitutes the award of maximum compensation with an order for 2 months' salary as compensation.
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Muragami v Roben Aberdare (K) Limited (Cause E037 of 2021) [2022] KEELRC 13260 (KLR) (23 November 2022) (Judgment)
✦ The termination was unfair and unlawful due to non-compliance with the mandatory procedure outlined by section 40 of the Employment Act.
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Charal v Mageni (Appeal 191 of 2022) [2022] KEELRC 13296 (KLR) (23 November 2022) (Ruling)
✦ The court orders a stay of execution of judgment/decretal sum on the condition that the decretal sum shall be deposited in an interest-earning joint bank account, in the names of the 2 advocates, within 30 days of today.
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Miano v County Government of Nyeri (Cause E018 of 2022) [2022] KEELRC 13261 (KLR) (23 November 2022) (Ruling)
✦ The court finds that the preliminary objection raises a pure point of law and the suit is time barred.
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Fearnhead v Mentor Management Limited (Cause 118 of 2014) [2022] KEELRC 13263 (KLR) (22 November 2022) (Judgment)
✦ The Court finds that the Respondent terminated the Claimant's employment without notice, which is in violation of the employment contract.
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Rotich v Teachers Service Commission (Employment and Labour Relations Cause 25 of 2020) [2022] KEELRC 13410 (KLR) (21 November 2022) (Judgment)
✦ The court finds the dismissal valid and procedurally fair, and denies the claimant's relief.
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Keter v Mwangi t/a Nairobi Chips Hotel (Cause 379 of 2017) [2022] KEELRC 13412 (KLR) (21 November 2022) (Judgment)
✦ The claimant's termination was unfair, and he is entitled to one month's salary in lieu of notice, compensation for unfair termination, and underpayment.
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Rotich v University of Eastern Africa Baraton (Employment and Labour Relations Petition E012 of 2022) [2022] KEELRC 13425 (KLR) (21 November 2022) (Ruling)
✦ The application for interlocutory injunction is dismissed with costs.
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Kedera v Kenya Seed Company Company (Employment and Labour Relations Cause 222 of 2018) [2022] KEELRC 13424 (KLR) (21 November 2022) (Judgment)
✦ The termination of the claimant's employment was lawful and the dismissal was fair and just.
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Kiguru v Rai Plywoods (K) Ltd (Miscellaneous Civil Application E007 of 2021) [2022] KEELRC 13421 (KLR) (21 November 2022) (Ruling)
✦ The court dismissed the application and ordered the reinstatement of the previous ruling.
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Biwott & another v County Government of Uasin Gishu (Cause E024 of 2021) [2022] KEELRC 13415 (KLR) (21 November 2022) (Ruling)
✦ The preliminary objection is dismissed, and the interlocutory orders are discharged as the applicants have not demonstrated a prima facie case with probability of success.
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Kosgei v Toshamatt Supermarket (Cause 251 of 2017) [2022] KEELRC 13416 (KLR) (21 November 2022) (Judgment)
✦ The termination was unfair, and the court awards compensation for one month's notice, three months' compensation for unfair termination, one month's salary on account of leave, and 15 days' salary as service pay.
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Kenya Union of Commercial, Food and Allied Workers Union v Jamii Distributors E.A. Limited (Cause E09 of 2021) [2022] KEELRC 13407 (KLR) (21 November 2022) (Judgment)
✦ The grievants were employees of the respondent and the termination was unfair and unlawful.
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Anyanje v Aturkan Hotel Limited & another (Employment and Labour Relations Cause 64 of 2017) [2022] KEELRC 13420 (KLR) (21 November 2022) (Judgment)
✦ The Court finds that the respondent unfairly terminated the claimant's service contrary to the Employment Act and awards compensation for one month's notice, four months' salary, unpaid salaries, and costs.
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Kenya Union of Commercial Food and Allied WorkersKenya Union of Commercial Food and Allied Workers v Tusker Mattresses Limited (Cause 49 of 2020) [2022] KEELRC 13477 (KLR) (21 November 2022) (Judgment)
✦ The court found that the termination of the 13 employees was not unfair and that the respondent complied with the mandatory procedure under the Employment Act.
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Nyamu & 10 others v National Bank of Kenya Limited (Cause 1476, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1474 & 1475 of 2015 & 1629 of 2016 (Consolidated)) [2022] KEELRC 13253 (KLR) (17 November 2022) (Ruling)
✦ Execution was unnecessary and the auctioneer will bear his own costs