Kenyan case law
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Philip Ngetich & 6 others v Carolyne Wanjiku Kodo & another [2021] KEELRC 383 (KLR)
✦ The Court lacks jurisdiction to entertain the petition and orders that both the petition and the Notice of Motion be struck off.
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Javas Bigambo v Board, Lake Victoria South Water Works Development Agency; Geroge J O Odedeh (Interested Party) [2021] KEELRC 477 (KLR)
✦ A conservatory order is issued prohibiting the Respondent, their employees, servants and/or agents or anyone acting on their behalf from shortlisting, interviewing, appointing or taking any further step towards filling the position of the Chief Executive Officer of Lake Victoria South Water Works Development Agency pending the hearing and determination of this petition.
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Ann Njeri Njagi v Comitato Internazionale Per Lo Sviluppo Dei Popoli (Cisp East Africa) [2021] KEELRC 404 (KLR)
✦ The Court found that the Claimant was not on probation at the date of termination and that her termination was not wrongful, unfair, or unlawful. The Court dismissed the Claimant's claims.
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Cresenco Cleofas v Lantech Africa Limited [2021] KEELRC 282 (KLR)
✦ Ex-parte default judgment is valid, and the application for review, variation, and setting aside is dismissed. Claimant is ordered to attend court for examination.
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Mohamed Jamaa Ali v Chairman, Knut Garissa Branch & another [2021] KEELRC 494 (KLR)
✦ The application is denied as there is no basis for setting aside the dismissal order. The suit remains dismissed.
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Kenya Building Construction Timber and Furniture Industries Employees Union v Ekotech Company Limited [2021] KEELRC 469 (KLR)
✦ The claim is struck out as it was filed out of time
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Bett v Governor Bomet County & 2 others; Salaries and Renumeration Commission (Interested Party) (Petition E001 of 2020) [2021] KEELRC 2432 (KLR) (18 November 2021) (Judgment)
✦ The petition meets the competence threshold and the respondents have violated the constitution.
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Banking, Insurance & Finance Union (Kenya) v Access Bank (Kenya) Plc [2021] KEELRC 264 (KLR)
✦ The application is allowed, and the respondent is ordered to pay the grievants' salaries and allowances for the month of October, 2021, with interest.
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Joshua Gitau Wachira v Professional Clean Care Ltd [2021] KEELRC 433 (KLR)
✦ The application for stay of execution is allowed on condition that the applicant deposits the entire decretal sum in an interest earning account held in joint names of counsels on record within 30 days. In default, execution may proceed.
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Kenya Engineering Workers Union v Ashut Engineers Limited (Plastic Division) [2021] KEELRC 236 (KLR)
✦ The court dismisses the respondent's application to set aside the redundancy notice and to re-issue a redundancy notice or to issue new contracts on similar terms. The court orders that the pending CPMU report be mentioned and addressed accordingly.
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Anne Nyaweka Muchira v Samburu Sacco Limited [2021] KEELRC 459 (KLR)
✦ The claim is not statute barred and the preliminary objection is dismissed.
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James Kinyua Kibiru v H. Young & Co. (E.A) Limited [2021] KEELRC 426 (KLR)
✦ Employment termination was procedurally unfair and procedurally flawed
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Kenneth Okech Maena v Trustees/Executive Committee S.D.A Church Kenya Lake Conference & 2 others [2021] KEELRC 441 (KLR)
✦ The court finds that the Claimant has exhausted the Respondents' internal dispute resolution mechanisms and that the suit does not offend the Sub-Judice rule.
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Republic v County Executive Member for Finance & Economic Planning of County Government of Kisumu & another Ex- parte Lucy Atieno Matengo [2021] KEELRC 442 (KLR)
✦ The court finds that the Ex parte Applicant has not adhered to the requirements of the law for an order of mandamus to be availed and dismisses the Notice of Motion application.
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Alfred Mamu Ondwari v Lavington Security Limited [2021] KEELRC 450 (KLR)
✦ The court finds the dismissal was not wrongful and unlawful, and the claimant's claims for compensation and other benefits are dismissed.
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Khalwale & Co Advocates v Devyan Food Industries Formerly Sameer Agriculture & Livestock Co Ltd [2021] KEELRC 293 (KLR)
✦ The motion is unmerited and dismissed with costs to the Advocate
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Roto Moulders Limited v Josphat Ontomwa Mogoba [2021] KEELRC 276 (KLR)
✦ Leave to appeal out of time is allowed, and the applicant is given 14 days to file and serve the appeal. The conditional stay allowed on 23rd September, 2021 shall be complied with within the same time failure to which the order shall lapse. The applicant shall pay auctioneers costs together with costs of this application to the respondent.
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Jeremiah Mwarocha Mwarandu v Kenya National Commission on Human Rights; Benard Mogesa & 2 others(Interested Parties) [2021] KEELRC 427 (KLR)
✦ The application for interlocutory injunction is dismissed with no orders as to costs.
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Kirwa Jonah t/a mwakio,Kirwa & Co Advocate v County Public Services Board Bomet & another [2021] KEELRC 368 (KLR)
✦ The application is not res judicata and the leave sought is merited.
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Martin Situma Bakuli v African Express Airways [2021] KEELRC 475 (KLR)
✦ The Court finds that the Claimant was constructively dismissed and his termination was therefore unfair.
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Nyandarua County Assembly Service Board & another v Nyandarua County Assembly & 7 others; John Kieru Wambui & another (Interested Parties) [2021] KEELRC 485 (KLR)
✦ The court will allow parties to attempt alternative dispute resolution (ADR) through the Inter Governmental Technical Relations Committee.
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Monicah Akinyi Otieno v Governing Council, Kisumu National Polytechnic [2021] KEELRC 431 (KLR)
✦ The Court declines to confirm the interim orders which had injuncted the Respondent from proceeding with the recruitment process.
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Cliford Otieno Obiero v Lake Basin Development Authority [2021] KEELRC 460 (KLR)
✦ The motion is dismissed with costs to the Petitioner
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Rhoda Nyatuka Isena v Coptic Hospital (Cause 381 of 2016) [2021] KEELRC 410 (KLR) (Employment and Labour) (17 November 2021) (Judgment)
✦ The Court finds the termination procedurally flawed and thus unfair.
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Kenya Union of Domestic, Hotels,Educational Institutions and Hospital Workers v Friends Hotel Kakamega Ltd [2021] KEELRC 458 (KLR)
✦ The Court finds that the summary dismissal of the Grievant was unfair and awards him compensation and pay in lieu of notice.