Kenyan case law
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Republic v County Secretary, the County Government of Bungoma & 5 others; Kenya County Government Workers Union Bungoma County Branch (Exparte); General Secretary Kenya County Government Workers Union (Intended Interested Party) (Judicial Review E001 of 2022) [2023] KEELRC 3162 (KLR) (30 November 2023) (Ruling)
✦ The court upheld the previous judgment and granted the right of appeal to the appellant within 30 days.
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Kituku v Garden Hotel Limited (Employment and Labour Relations Cause 1637 of 2014) [2023] KEELRC 3201 (KLR) (30 November 2023) (Judgment)
✦ The Court awards the Claimant Kshs. 114,015 in addition to the previously awarded sum of Kshs. 323,985.
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Kenya Plantation & Agricultural Workers Union v Limuru Tea Growers Group of FKE & 7 others (Cause 263 of 2017) [2023] KEELRC 3166 (KLR) (30 November 2023) (Ruling)
✦ The court dismissed the application to set aside the orders of 28/11/2022.
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Myovi v Boma Hotels (Cause 2488 of 2017) [2023] KEELRC 3076 (KLR) (30 November 2023) (Judgment)
✦ The claim is declined
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Wamukota v Kenya Electricity Transmission Company Limited & 2 others (Petition E213 of 2023) [2023] KEELRC 3068 (KLR) (30 November 2023) (Ruling)
✦ The Court finds that the petitioner has established a prima facie case for the grant of interim orders and suspends the 1st respondent's decision to suspend the petitioner for 12 months.
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Wahome v Lupran Manpower and HRM Services & another (Cause 924 of 2017) [2023] KEELRC 3091 (KLR) (30 November 2023) (Judgment)
✦ The Claimant is found to be an employee of the 2nd Respondent, and the court declines the declaration and dismisses the claims for salary arrears, medical expenses, and total disablement.
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Federation of Kenya Employers v Cabinet Secretary, Ministry of Foreign Affairs and International Relations & 4 others; Law Society of Kenya (Interested Party) (Petition E085 of 2023) [2023] KEELRC 3067 (KLR) (30 November 2023) (Judgment)
✦ The court declared that any person dissatisfied with the decision of Director of Occupational Health and Services in exercise of the authority under the Work Injury Benefits Act will have redress in the Employment and Labour Relations Court of Kenya.
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Kenya Shipping, Clearing Freight Logistics and Warehouses Workers Union v Vegpro (K) Ltd VP Group (Employment and Labour Relations Cause E1031 of 2021) [2023] KEELRC 3118 (KLR) (30 November 2023) (Ruling)
✦ Court ordered claimant to serve the memorandum of claim and file an affidavit of service, respondent to file their response and witness statements within 12 days
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Momul Tea Factory Company Limited v Orero (Miscellaneous Application E010 of 2023) [2023] KEELRC 3163 (KLR) (30 November 2023) (Ruling)
✦ The court granted leave to file an appeal out of time and directed the applicant to file the requisite documents and the record of appeal within 14 days of the ruling.
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Kenya Union of Sugar Plantation and Allied Workers v Busia Sugar Industry Limited (Employment and Labour Relations Cause 56 of 2021) [2023] KEELRC 3151 (KLR) (30 November 2023) (Judgment)
✦ The Court found that the Claimant has locus standi to bring the claim and that there is material evidence to enable the Court to arrive at a specific figure the Claimant is entitled to.
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Ngetha v The Ark Limited (Cause 115 of 2019) [2023] KEELRC 3096 (KLR) (30 November 2023) (Judgment)
✦ The Court finds the termination unlawful and unfair, and orders the Respondent to pay the Claimant 6 days' salary, notice pay, pending days off, and 6 months' salary as compensation.
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Kenya Union of Commercial Food and Allied Workers v KK Shah and Sons Limited (Cause E004 of 2023) [2023] KEELRC 3185 (KLR) (30 November 2023) (Judgment)
✦ The Claimant has locus standi to represent the Grievants and is entitled to the remedies sought.
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Shine It Limited v Mwero (Appeal E033 of 2021) [2023] KEELRC 3143 (KLR) (30 November 2023) (Ruling)
✦ The appeal is dismissed for want of prosecution due to the appellant's failure to file a complete record of appeal within the required time.
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Barasa v Public Service Board County Government of Trans-Nzoia & 4 others (Petition 2 of 2022) [2023] KEELRC 3184 (KLR) (30 November 2023) (Judgment)
✦ The court found that the Petitioner's petition meets the threshold of a constitutional petition and that the recruitment process was not conducted in accordance with the law.
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Kololi v CMC Motors Group Ltd (Cause E003 of 2022) [2023] KEELRC 3183 (KLR) (30 November 2023) (Judgment)
✦ The Claimant is entitled to ksh 241,046 as terminal dues, and the Respondent's counter-claim is dismissed.
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Njuguna v Co-operative Bank of Kenya (Cause 8 of 2019) [2023] KEELRC 3095 (KLR) (30 November 2023) (Judgment)
✦ The court held that the termination of the claimant’s employment was not unfair.
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Kenya Union of Domestic Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA) v KSLH Mombasa Beach Hotel (Cause E035 of 2023) [2023] KEELRC 3170 (KLR) (30 November 2023) (Judgment)
✦ The Court finds that there is no evidence to link the grievant to the theft of hotel items found in the delivery van. The dismissal was unfair.
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Nasumaye v DHL Exel Supply Chain (K) Ltd (Cause 991 of 2018) [2023] KEELRC 3152 (KLR) (30 November 2023) (Judgment)
✦ The Court found that the Claimant's termination was fair and lawful based on operational requirements, and there was no evidence of discrimination.
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Riley Falcon Security Services v Adhiambo (Appeal E002 of 2022) [2023] KEELRC 3087 (KLR) (30 November 2023) (Judgment)
✦ The Court held that the Respondent's contract did not lapse by euxion of time and that the termination was not based on redundancy. The Court found that the Respondent was not dismissed unfairly.
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Natade v County Government of Turkana & 2 others (Employment and Labour Relations Cause E013 of 2023) [2023] KEELRC 3186 (KLR) (30 November 2023) (Ruling)
✦ Court grants application to set aside orders and grants leave to Respondents to file defense
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Ngutu (Suing as the Legal Representative of the Estate of the Late Jackson Waita Ivulu) v Southern Cross Safaris Limited & 2 others (Cause 432 of 2018) [2023] KEELRC 3174 (KLR) (30 November 2023) (Judgment)
✦ The claims are time barred under Section 90 of the Employment and Labour Relations Act.
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Ouru v Eveready Security Guards Co. Ltd (Appeal 38 of 2020) [2023] KEELRC 3049 (KLR) (29 November 2023) (Judgment)
✦ The learned trial Magistrate’s decision to dismiss the claim in totality is upheld.
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Board of Management, Nyanchwa Preparatory School & another v Arogo (Appeal E040 of 2023) [2023] KEELRC 3039 (KLR) (29 November 2023) (Judgment)
✦ The Court dismisses the appeal with costs.
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Nekesa v County Assembly of Bungoma & 3 others (Employment and Labour Relations Cause E001 of 2023) [2023] KEELRC 3154 (KLR) (29 November 2023) (Judgment)
✦ The court finds that the decision to make the press advertisement was not illegal, utravires, and/or unfair.
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Omondi v Associated Motors (Cause 1306 of 2018) [2023] KEELRC 3092 (KLR) (29 November 2023) (Judgment)
✦ The Claimant is entitled to gratuity in the sum of Kshs. 453,200.09, and the Respondent is ordered to pay the same along with costs and interest.