Kenyan case law
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Enock Nyakundi Onchwari v National Authority for the Campaign Against Alcohol and Drug Abuse & 2 others [2016] KEELRC 623 (KLR)
✦ The court found that the process leading to the suspension was unprocedural and against the principles of natural justice.
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Nyiiyo Matasian Moile v Julian Wright [2016] KEELRC 604 (KLR)
✦ The court finds that the respondent terminated the claimant's employment. The claimant is awarded Kshs.17,750 for unpaid salary and 50% of the claimant's costs of the suit.
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Charles Maina Mageria v Church Commissioners of Kenya (Sued In their Capacity and on Behalf of ACK Emmanuel Church Karatina) [2016] KEELRC 626 (KLR)
✦ The claimant's claim is dismissed with each party bearing their own costs.
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Christopher O. Omolo v Severin Sea Lodge [2016] KEELRC 504 (KLR)
✦ The claimant served the respondent under one continuous term from 21.8.2011 to 20.4.2014. The claimant was not entitled to the benefits under the CBA due to non-payment of union fees. The claimant's claim for unpaid salary and House allowance is dismissed.
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Mary Muthoni v Kenya Nut Company Ltd [2016] KEELRC 616 (KLR)
✦ The Court declines to grant the orders sought in the motion and dismisses it with costs to the Claimant.
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Moses Muriithi Njue & 2 others v China Overseas Engineering Group Company Limited (COVEC) [2016] KEELRC 621 (KLR)
✦ The court declared the termination of the claimants' employment as unfair and ordered the respondent to pay compensation and costs.
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Kenya Chemical & Allied Workers Union v Strategic Industries Limited [2016] KEELRC 547 (KLR)
✦ The Claimant's claim for recognition is dismissed as it failed to provide evidence of recruiting a simple majority of unionisable employees. The claim for deduction of union dues is not addressed as the Respondent has agreed to do so.
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David Okoth Olayo v Leah Malot [2016] KEELRC 609 (KLR)
✦ The termination of employment was unfair due to the Respondent's failure to comply with statutory prerequisites.
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Kenya Union of Commercial, Food And Allied Workers v New Kyeni Farmers Co-operative Society [2016] KEELRC 628 (KLR)
✦ The suit is not time-barred and the preliminary objection will fail.
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Said Mutuga Mtiso v Keneth Liveha [2016] KEELRC 550 (KLR)
✦ The court finds that the claimant's employment was not unfairly terminated by the respondent.
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Okiya Omtatah Okoiti v President of Kenya & 6 others [2016] KEELRC 620 (KLR)
✦ The court granted the interim injunction, finding that the petitioner had shown a prima facie case and that the balance of convenience favored the petitioner.
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Robert Kinyanjui Kanampiu v Kionyo Tea Factory Company Limited [2016] KEELRC 615 (KLR)
✦ The claimant's application for review of the judgment is dismissed, and the claimant is ordered to pay the respondent's costs of the application.
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Boaz Ogweno & 23 others v Managing Director, Bakers Choice & Confectionary Limited & another [2016] KEELRC 571 (KLR)
✦ The court allowed the 2nd respondent to pay the balance in equal instalments of Kshs.200,000 from the date of the ruling until full payment, and halted the execution of the previous judgment in default of any one instalment.
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Were & 3 others v Board of Management Changamwe Secondary School (Cause 434, 435, 436 & 437 of 2014 (Consolidated)) [2016] KEELRC 1868 (KLR) (7 October 2016) (Ruling)
✦ The Preliminary Objection is allowed to the extent that the claim against the three individual respondents is struck out. The leave to amend claim granted on 8.6.2016 is extended upto 12.7.2016 and the Re-amended claims filed on the 12.7.2016 deemed as properly filed. Costs of the Preliminary Objection to the respondent.
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Ali Mohamed v Awal Transporters Ltd [2016] KEELRC 549 (KLR)
✦ The motion is dismissed with costs.
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Martin Kalani Vodongo v Roy Hauliers Limited [2016] KEELRC 577 (KLR)
✦ The Court finds the dismissal both substantively and procedurally unfair, and awards the Claimant 8 months' salary in compensation and 1 month's salary in lieu of notice.
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Erustus Kambu Mwamburi & another v Abercrombie & Kent Coast Ltd [2016] KEELRC 585 (KLR)
✦ The court finds that the claimants were casual employees and not protected from termination without notice, thus dismissing the claimants' suit with no order as to costs.
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Ashraf Musaazi v Rift Valley Railways (Kenya) Limited & another [2016] KEELRC 613 (KLR)
✦ The application to strike out the 2nd respondent from the suit is allowed
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Republic v Registrar of Trade Unions Ex-parte Charles Ogutu & 2 others [2016] KEELRC 560 (KLR)
✦ The Court declines to allow the application and directs the Applicants to file a substantive appeal.
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Kenya County Government Workers Union v County Public Service Board, Meru County [2016] KEELRC 625 (KLR)
✦ The dismissal was unfair, reinstatement is not an appropriate remedy, and the claimant is entitled to 12 months' salaries as compensation.
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Philip Muuo Kitivi v H. Young & Co EA Ltd (Cause 2036 of 2012) [2016] KEELRC 601 (KLR) (Employment and Labour) (7 October 2016) (Judgment)
✦ The claimant was dismissed for a valid reason and summary dismissal was in terms of a fair procedure.
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Clement Kiroso Kibwega v Hantex Garments (EPZ) Ltd [2016] KEELRC 562 (KLR)
✦ The termination of the claimant’s employment was unfair and unlawful.
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Paul Kibet Tikogo v National Cereals and Produce Board [2016] KEELRC 399 (KLR)
✦ The claim is statute barred as the cause of action accrued on the date of dismissal on 15th July, 2010, and the suit was filed more than 3 years later.
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Andrew Abok Osiro v Chemelil Sugar Company Limited [2016] KEELRC 367 (KLR)
✦ The court finds that the Claimant's gratuity should be based on the last basic salary of Shs.55,512 and not Kshs. 35,615 used by the Respondent. The Claimant is therefore entitled to Shs.1,127,560.44.
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John Nganga Ngigi & another v Nairobi Hospital [2016] KEELRC 30 (KLR)
✦ The court found both Ngigi and Ochanda culpable and dismissed them for negligence. The court held that summary dismissal can follow where there is a fundamental breach of the employment contract, but it must be accompanied by notice and reasons.