Kenyan case law
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Benard Nyanyuki Nyakina & 301 others v Polysack Limited [2013] KEELRC 623 (KLR)
✦ The court finds that the respondent has substantially complied with the orders of the court and sets aside the contempt proceedings, subsequent orders, and sanctions. The hearing of the main suit should proceed on merit to determine all pending issues.
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Aaron Safari Mutinda v Kenya Secularams Limited [2013] KEELRC 617 (KLR)
✦ The court awards the Claimant one month's salary in lieu of notice, salary for July 2010, and payment in lieu of leave days, totaling Kshs.75,985.
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Teachers Service Commission v Kenya National Union of Teachers; Commission (Interested Party) (Petition 23 of 2013) [2013] KEELRC 594 (KLR) (1 July 2013) (Ruling)
✦ The court found the strike was not legally called and the Respondent's members were not engaged in an essential service.
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Jared Maranga Anyona v Tari Singh Thethy [2013] KEELRC 245 (KLR)
✦ The Court finds the termination of the Claimant's contract of employment unfair and orders the Respondent to pay compensation, notice pay, and service pay to the Claimant.
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Kenya Plantation & Agricultural Workers Union v Sotik Highlands Tea Estate Limited [2013] KEELRC 757 (KLR)
✦ The application is dismissed with no orders as to costs, and the memorandum of claim is ordered to be heard on a priority basis.
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Hosea Muruaigi Gichohi v Kenya Agricultural Research Institute [2013] KEELRC 195 (KLR)
✦ The claimant’s dismissal was found to be unjustified, unlawful, and invalid. The claimant is entitled to compensation for damages suffered and costs of the suit.
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Ltumasia Leshorono v Jahazi Marine Limited (Cause 1 of 2013) [2013] KEELRC 590 (KLR) (28 June 2013) (Judgment)
✦ Claimant is entitled to 15 days severance pay for 19 years and a meal allowance of Kshs 35,000/-
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Diana Liakala Amayi v Sunrise Resort Apartments & Spa [2013] KEELRC 651 (KLR)
✦ The termination was found to be unfair.
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Malachi Ochieng Pire v Rift Valley Agencies Limited [2013] KEELRC 612 (KLR)
✦ Termination was unfair, and claimant is entitled to Kshs.310,755.20 and a certificate of service.
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Kenya Long Distance Truck Drivers & Allied Workers Union v Ms Kyoga Hauliers Ltd [2013] KEELRC 591 (KLR)
✦ The Court orders the Respondent to deduct and remit union dues and to grant the Union recognition by signing a recognition agreement within 30 days.
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Diana Liakala Amayi v Sunrise Resort Apartments & Spa (Cause 66 of 2012) [2013] KEELRC 650 (KLR) (28 June 2013) (Judgment)
✦ The termination was found to be unfair.
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Jared Omondi Ober & another v Municipal Council of Homabay [2013] KEELRC 618 (KLR)
✦ The suspension of the claimants was within the regulations and they are not entitled to reinstatement or other remedies.
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Kombo Kai Mtoro v Panel Freighters Ltd [2013] KEELRC 589 (KLR)
✦ The Court found that the termination was not unfair and thus did not award compensation for unfair termination.
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Maurice Okech Onyango v Riley-Falcon Security Services Limited [2013] KEELRC 642 (KLR)
✦ The court finds the termination of the claimant's employment unfair and orders the respondent to pay the claimant Kshs.140,557.56 by 1.08.2013, failing interest to be payable thereon from the date of the judgment till full payment.
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Josphine M. Akinyi O v Farhiyo Mohamed [2013] KEELRC 613 (KLR)
✦ The termination of the Claimant was unfair.
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David Kitongu Mutooni v Kenya Pipeline Co. Ltd [2013] KEELRC 552 (KLR)
✦ Claimant's claim is not properly before the court due to the Employment Act and Labour Relations Act not being in force at the time of dismissal.
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Marete v Teachers Service Commission (Cause 379 [N] of 2009) [2013] KEELRC 575 (KLR) (28 June 2013) (Award)
✦ The Court awards the Claimant compensation for unfair termination at 12 months' gross salary, Kshs. 1,847,820, and travel and accommodation costs, Kshs. 54,475, totaling Kshs. 1,913,293.
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Benter Akinyi Opande v Kenya Union of Post Primary Education Teachers & 2 others [2013] KEELRC 562 (KLR)
✦ The application is refused, and the interim stay of execution is lifted.
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Erastus Njoroge v English Press Limited [2013] KEELRC 559 (KLR)
✦ Claim is improperly before the Court and unsalvageable due to different substantive and procedural laws in force at the time of termination.
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Kenya Union of Entertainment and Music Industry Employees v Sports Stadia Management Board [2013] KEELRC 649 (KLR)
✦ The Court finds no basis on which the Respondent could be directed to sign the CBA and dismisses the Claimant's application with no order for costs.
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Peter Kioko Mutio v M/S. Bob Mills Limited [2013] KEELRC 756 (KLR)
✦ The Claimant was not a casual employee and was a general labourer.
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Kenya Guards and Allied Workers Union v Lavington Security Limited [2013] KEELRC 595 (KLR)
✦ The grievant's employment was terminated without notice or lawful cause, and the grievant was awarded one month's salary in lieu of notice and underpayment of wages.
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Peter Akidah Ombuoro v South Nyanza Sugar Company Limited [2013] KEELRC 185 (KLR)
✦ The termination of the claimant’s employment was lawful and justified.
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Peter O. Ogiro v Dominican Friars Vicariate of E. Africa [2013] KEELRC 599 (KLR)
✦ The termination was not fair and justified, and the claimant is entitled to 7 days salary, 4.3 days prorated leave, and terminal dues.
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Kenya National Private Security Workers Union v Lavington Security Limited [2013] KEELRC 592 (KLR)
✦ The Respondent's Preliminary Objection is not well taken and is hereby rejected.