Kenyan case law
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Lee Mwenga Kioko v Dac Aviation (E.A) Limited [2018] KEELRC 511 (KLR)
✦ The termination of the claimant’s contract was fair and lawful under section 42 of Employment Act and the probationary contract.
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Lucy Nyokabi Kamande v Kabati Farmers Co-operative Society [2018] KEELRC 331 (KLR)
✦ The court orders the Respondent to pay the Claimant Kshs 24,000 for unpaid salary and costs of the suit.
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Okwaro J. L. Loroi v Dickson Muzungu & 3 others [2018] KEELRC 311 (KLR)
✦ The claimant's termination was not justified and he is entitled to his terminal dues.
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Juliet Ndaru v East African Growers Limited & another [2018] KEELRC 462 (KLR)
✦ The claimant's employment was converted to a monthly contract of service, and she was unfairly terminated. The court awards compensation, pay in lieu of notice, and pay in lieu of leave.
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Kenya Tertiary and Schools Workers Union v National Polytechnic Council & another [2018] KEELRC 141 (KLR)
✦ The respondent cannot have a recognition agreement with two unions in the same sector and is ordered to remit union dues to the claimant union.
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Kenya Hotels & Allied Workers Union v Zomeni Lion Hill Camp [2018] KEELRC 521 (KLR)
✦ The Court will order a ballot to determine the number of unionisable employees and will direct the County Labour Officer to conduct the ballot and file a report within 45 days.
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Pauline Wangare Nganga & 4 others v County Government of Kajiado & another [2018] KEELRC 519 (KLR)
✦ The application is allowed, and the suit is reinstated. The court directs the parties to file witness statements and documents by specific dates.
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Marijiana Mutiso Mwasya v Panesars Kenya Limited [2018] KEELRC 326 (KLR)
✦ The court found no employer-employee relationship existed between the claimant and the respondent, thus dismissing the claim.
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Beatrice Kedeveresia Elachi v Nairobi City County Assembly Service Board & 4 others [2018] KEELRC 61 (KLR)
✦ Application dismissed as the Contempt of Court Act is invalid.
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James Kiio Kyule v Crown Industries Limited [2018] KEELRC 494 (KLR)
✦ The Court dismisses the suit and orders each party to bear their own costs.
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Captain (RTD) Charles K.W. Masinde v Intergovernmental Authorityon Development [2018] KEELRC 520 (KLR)
✦ The court held that the court in Kenya has jurisdiction to hear the case, as the choice of law does not necessarily oust jurisdiction. The court also found that the termination was unlawful and the procedure flawed.
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Amalgamated Union Of Kenya Metal Workers v Aucma Digital Technology Africa Ltd [2018] KEELRC 513 (KLR)
✦ The Court has the jurisdiction to intervene, but it should act judiciously and on a case-by-case basis. The Court terminates the proceedings and orders the parties to start a fresh round of collective bargaining within 60 days.
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Kenneth Mukhengi Masinde v Gerald Cunningham (Cause 1993 of 2012) [2018] KEELRC 525 (KLR) (Employment and Labour) (30 November 2018) (Judgment)
✦ The claimant is not entitled to the remedies as prayed for.
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Kenya Long Distance Truck Drivers and Allied Workers Union v Transeast Professional Hauliers & another [2018] KEELRC 544 (KLR)
✦ The Claimant’s applications are declined as the disputes are not suitable for interlocutory determination.
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Republic v Principal Murang’a High School & 2 others Ex parte Elizabeth W Maguta [2018] KEELRC 57 (KLR)
✦ The preliminary objection is allowed, and the Judicial Review application is struck out.
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Chikokopha Tsumas Ruwa v Smoky Hill Limited [2018] KEELRC 357 (KLR)
✦ Termination was declared unfair, and the Respondent was ordered to pay compensation and annual leave pay.
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Charles Masinde v Retirement Benefits Authority & another [2018] KEELRC 543 (KLR)
✦ The Court has no jurisdiction over the dispute and dismisses the application with costs to the 1st Respondent.
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Morris Wachira Wanjohi v Geoffrey Hobbs t/a Living Life Concept [2018] KEELRC 438 (KLR)
✦ The Respondent is ordered to pay arrears of house allowance at Kshs. 590,403, issue a Certificate of Service, and pay interest at 14% per annum from the date of judgment until payment is made in full.
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Kamau Aidi & 47 others v Salaries and Remuneration Commission (SRC) [2018] KEELRC 193 (KLR)
✦ Order granting stay pending appeal
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Linus Ikabuteni v Excellent Security Services Limited (Cause 300 of 2016) [2018] KEELRC 518 (KLR) (27 November 2018) (Ruling)
✦ Applications dismissed with costs to the Claimant, interim orders vacated.
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Daniel Andalia Ndonga v Hakika Transport Services Limited [2018] KEELRC 528 (KLR)
✦ The Claimant's claim for unlawful termination and compensation fails, and the claim is dismissed with costs to the Respondent.
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Julius Mwangolo Mwatua v Raisons Distributors Limited [2018] KEELRC 554 (KLR)
✦ The Claimant’s employment was unlawfully and unfairly terminated and he is entitled to compensation.
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Mwanasiti Hamisi Mwang’anzi & 2 others v Kwale International Sugar Company Limited [2018] KEELRC 486 (KLR)
✦ The Court finds and holds that the Respondent terminated the Claimants' employment without justifiable cause and in violation of due procedure.
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Javan Kisoi Mulwa v S.A.A Interstate Traders (K) Ltd [2018] KEELRC 550 (KLR)
✦ The Court finds that the Respondent terminated the Claimant's employment without justifiable cause and in violation of due procedure, and awards 12 months' salary in compensation for unfair termination.
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Reuben Kenyanya Simeka v Kevin Kepha Nyongesa t/a Kevin Hill Schools [2018] KEELRC 552 (KLR)
✦ The Court finds that the Respondent terminated the Claimant's employment without justifiable cause and awards him 10 months' salary in compensation and 1 month's salary in lieu of notice.