Kenyan case law
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Imbaya v Brinks Security Services Limited (Appeal E102 of 2021) [2022] KEELRC 14635 (KLR) (17 November 2022) (Judgment)
✦ The learned Magistrate's decision was upheld, and the claim was dismissed with no orders as to costs.
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Chamara v Europer Tools Limited (Cause 416 of 2017) [2022] KEELRC 13381 (KLR) (17 November 2022) (Judgment)
✦ The termination was unlawful as the Respondent failed to adhere to the Employment Act 2007 and did not follow fair administrative action.
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Kiilu v Isinya Resorts Limited (Cause E022 of 2021) [2022] KEELRC 13240 (KLR) (17 November 2022) (Judgment)
✦ The Court held that the claimant was constructively dismissed due to the employer's conduct, which made it impossible for the claimant to continue working.
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Kenya Universities Staff Union v Masinde Muliro University of Science and Technology (Employment and Labour Relations Cause E013 of 2021) [2022] KEELRC 13247 (KLR) (17 November 2022) (Judgment)
✦ The case is resjudicata due to a previous decision in Kenya Universities Staff Union & 3 others v Masinde Muliro University of Science & Technology [2021] eKLR.
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Kenya Building, Construction, Timber and Furniture Industries Employees Union v Slumberland Kenya Limited (Cause E573 of 2022) [2022] KEELRC 13250 (KLR) (17 November 2022) (Ruling)
✦ The motion is declined with costs.
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Kenya Hotels and Allied Workers Union & another v Mayfair Holdings Ltd (Imperial Hotel) (Employment and Labour Relations Cause 35 of 2019) [2022] KEELRC 13207 (KLR) (17 November 2022) (Judgment)
✦ The court found the dismissal unfair and wrongful, and ordered the reinstatement of the 2nd Claimant.
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Abubakar v Modern Coast Builders and Contractors Ltd (Miscellaneous Application 15 of 2022) [2022] KEELRC 13243 (KLR) (17 November 2022) (Ruling)
✦ The Court orders the stay of the enforcement of the award and revokes the award.
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Abubakar v Modern Coast Builders and Contractors Ltd (Miscellaneous Application 15 of 2022) [2022] KEELRC 13245 (KLR) (17 November 2022) (Ruling)
✦ The court adopts the Director's decision and enters judgment for the applicant for the sum of Ksh. 9,349,344, with interest and costs
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County Secretary The County Government of Bungoma & 5 others v Kenya County Government Workers Union Bungoma County Branch; National Bank of Kenya Limited & 3 others (Garnishee) (Judicial Review E001 of 2022) [2022] KEELRC 13237 (KLR) (17 November 2022) (Ruling)
✦ The court ordered garnishee proceedings against the 6th respondent's bank account.
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Misheck v County Government of Meru (Miscellaneous Application E005 of 2022) [2022] KEELRC 13219 (KLR) (17 November 2022) (Ruling)
✦ The court adopts the DOSH award and enforces it against the respondent.
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Ouma & 150 others v Alliance One Tobacco (K) Limited (Cause 1097 of 2018) [2022] KEELRC 14634 (KLR) (17 November 2022) (Judgment)
✦ The Court dismissed the claim, finding that the Respondent did not underpay the employees at the time of termination.
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Nyamu & 10 others v National Bank of Kenya Limited (Cause 1476, 1467, 1468, 1469, 1470, 1471, 1472, 1473, 1474 & 1475 of 2015 & 1629 of 2016 (Consolidated)) [2022] KEELRC 13253 (KLR) (17 November 2022) (Ruling)
✦ Execution was unnecessary and the auctioneer will bear his own costs
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Maina v County Government of Nyeri (Cause E031 of 2022) [2022] KEELRC 13234 (KLR) (17 November 2022) (Ruling)
✦ The court finds that the preliminary objection raises pure points of law and that the suit is not time barred.
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Omao v County Government f Nyamira & 4 others (Petition E013 of 2022) [2022] KEELRC 13205 (KLR) (17 November 2022) (Judgment)
✦ The court found that the petitioner failed to prove a violation of the Constitution and that the recruitment process was not discriminatory.
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West Kenya Sugar Co Ltd v Mung’aya (Appeal E018, E15, E16, E17, E19 & E20 of 2021 (Consolidated)) [2022] KEELRC 13246 (KLR) (17 November 2022) (Judgment)
✦ The court finds the appeal merited and will reconsider the evidence and draw its own conclusions.
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West Kenya Sugar Co. Ltd v Libuyi (Appeal E013 of 2021) [2022] KEELRC 13244 (KLR) (17 November 2022) (Judgment)
✦ The Court is of the considered opinion that the issue for determination is whether the appeal is merited.
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Isack v Kesom Freight International (Cause E035 of 2022) [2022] KEELRC 13236 (KLR) (17 November 2022) (Ruling)
✦ The court declines to allow the application for payment of withheld salary and payment of salary pending hearing and determination of the suit, but allows the prayer seeking hearing of the claimant's suit on priority basis.
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Kenya Medical Practical, Pharmacists and Dentists Union & 23 others v County Government of Kirinyaga & another (Miscellaneous Application E004 of 2021) [2022] KEELRC 13218 (KLR) (17 November 2022) (Ruling)
✦ The court granted the stay of execution of the impugned ruling pending appeal.
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Maalim v Kima Health International Services Limited (Cause 25 of 2019) [2022] KEELRC 13238 (KLR) (17 November 2022) (Ruling)
✦ The veil of incorporation is lifted, and personal liability regarding the Court's decree is imposed on the Respondent's shareholders and Directors.
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Evergreen Herbs Ltd v Kenya Plantation & Agricultural Workers Union (Cause E374 of 2022) [2022] KEELRC 13397 (KLR) (17 November 2022) (Ruling)
✦ The court finds that the application is premature and the strike is not illegal.
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Nyamai v Badar Hardware Limited (Miscellaneous Application E058 of 2021) [2022] KEELRC 13248 (KLR) (17 November 2022) (Ruling)
✦ Court adopts the Director's assessment and orders Respondent to pay KSh 1,999,222 to Claimant, with interest from the date of judgment.
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Wachira v Timwood Products Ltd (Cause 983 of 2016) [2022] KEELRC 13396 (KLR) (17 November 2022) (Judgment)
✦ The dismissal was unlawful and the Claimant is entitled to compensation.
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Kenya Union of Pre-Primary Education Teachers v Chief Officer, Finance Embu County Government & another (Cause E008 of 2022) [2022] KEELRC 13203 (KLR) (17 November 2022) (Ruling)
✦ The court strikes out the claimant's suit as incompetent due to the lack of proper parties and premature nature of the claim.
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Karanu v Economic Housing Group & 4 others (Cause 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 179, 180, 181, 182, 183 & 184 of 2017 (Consolidated)) [2022] KEELRC 13242 (KLR) (17 November 2022) (Judgment)
✦ The 1st and 5th Respondents are jointly and severally liable for the claims by the Claimants.
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Kenya Union of Commercial, Food and Allied Workers v Market Dimension Limited (Cause E025 of 2021) [2022] KEELRC 13217 (KLR) (17 November 2022) (Judgment)
✦ The court finds that the grievant was a Shop Assistant and not a Sales Person, and allows the claim for salary underpayment to the tune of Kshs.88,079.27 admitted by the Respondent.