Kenyan case law
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Wachira v Proshade Kenya Limited (Cause E885 of 2021) [2023] KEELRC 3435 (KLR) (29 November 2023) (Judgment)
✦ The Court finds that the termination of the Claimant's employment was unfair due to procedural and substantive unreasonableness, and orders compensation and payment of salary.
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Republic v Secretary,Bungoma County Public Service Board & 2 others; Munyapara (Exparte Applicant) (Judicial Review E002 of 2023) [2023] KEELRC 3158 (KLR) (29 November 2023) (Ruling)
✦ The Court has jurisdiction to hear and determine the suit.
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Mutua v St. Mary’s Mission Hospital (Cause E340 of 2022) [2023] KEELRC 3089 (KLR) (29 November 2023) (Judgment)
✦ The dismissal was unlawful and unfair, and the court orders compensation of 5 months' salary and one month's salary in lieu of notice.
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Board of Management, Nyanchwa Preparatory School & another v Arogo (Appeal E040 of 2023) [2023] KEELRC 3039 (KLR) (29 November 2023) (Judgment)
✦ The Court dismisses the appeal with costs.
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Indusa v Lake Victoria North Water Works Development Agency (Fromerly Lake Victoria North Water Services Board) & 5 others (Cause 27 of 2022) [2023] KEELRC 3432 (KLR) (29 November 2023) (Judgment)
✦ The Court found the transfer invalid and ordered the Respondents to pay the Claimant's salary, allowances, and gratuity.
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Board of Management, Nyanchwa Preparatory School & another v Misiani (Appeal E039 of 2023) [2023] KEELRC 3032 (KLR) (29 November 2023) (Judgment)
✦ The Court dismisses the appeal with costs.
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Board of Management, Nyanchwa Preparatory School & another v Denis (Appeal E038 of 2023) [2023] KEELRC 3034 (KLR) (29 November 2023) (Judgment)
✦ The Court dismisses the appeal with costs.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v BOM –Lugulu Girls High School (Employment and Labour Relations Cause 7 of 2023) [2023] KEELRC 3142 (KLR) (29 November 2023) (Judgment)
✦ The claim is dismissed as without merit.
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Okoth v Micos Dry Cleaners (Cause 2018 of 2017) [2023] KEELRC 3048 (KLR) (29 November 2023) (Judgment)
✦ The court finds that the Claimant resigned from employment on medical grounds and the Respondent did not terminate her employment. The Claimant is not entitled to the reliefs sought.
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Omido v Secretary, Board of Management, Namundera Mixed Secondary School (Petition 31 of 2017) [2023] KEELRC 3036 (KLR) (29 November 2023) (Ruling)
✦ Petitioner's Motion to review the ruling is dismissed with costs
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Ouru v Eveready Security Guards Co. Ltd (Appeal 38 of 2020) [2023] KEELRC 3049 (KLR) (29 November 2023) (Judgment)
✦ The learned trial Magistrate’s decision to dismiss the claim in totality is upheld.
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Motende v Teachers Service Commission & another (Petition E016 of 2023) [2023] KEELRC 3033 (KLR) (29 November 2023) (Ruling)
✦ The Court finds the termination of employment irregular, illegal, and contrary to Employment Act sections 41, 43, and 44
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Ndegeyo v Sukari Sacco Society Ltd (Cause 181 of 2018) [2023] KEELRC 3035 (KLR) (29 November 2023) (Judgment)
✦ The termination was grounded on valid and fair reasons, and the Court finds the termination was unfair.
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Omondi v Associated Motors (Cause 1306 of 2018) [2023] KEELRC 3092 (KLR) (29 November 2023) (Judgment)
✦ The Claimant is entitled to gratuity in the sum of Kshs. 453,200.09, and the Respondent is ordered to pay the same along with costs and interest.
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Nyamwaro v Board of Directors, Kisii Teaching and Referal Hospital & 2 others (Petition E025 of 2023) [2023] KEELRC 3038 (KLR) (29 November 2023) (Judgment)
✦ The Court finds the Petition devoid of any legal foundation and dismisses it with costs to the Respondents.
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Wahome v Judicial Service Commission (Employment and Labour Relations Petition E094 of 2023) [2023] KEELRC 3058 (KLR) (28 November 2023) (Judgment)
✦ The Petitioner’s right to fair labour practices was not violated as the disciplinary hearing was based on the recommendation of the JSC panel and the charges laid against him.
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Warui v Carling Wood Investments Limited (Cause E126 of 2021) [2023] KEELRC 3065 (KLR) (28 November 2023) (Ruling)
✦ The suit will be given directions on its disposal immediately after this ruling
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Technik Diesel Limited v Ndiku (Appeal 65 of 2019) [2023] KEELRC 3097 (KLR) (28 November 2023) (Judgment)
✦ The appeal was granted, the judgment, decrees, and orders of the learned trial court were set aside, and the case was remitted for hearing afresh before another magistrate.
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Owino v Platinum Outsourcing & Logistics (EA) Ltd (Cause 1181 of 2018) [2023] KEELRC 3093 (KLR) (28 November 2023) (Judgment)
✦ The Court held that Owino was a piece-rate worker and dismissed his claim for severance pay and tax remittance.
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Nyagah v Direct Line Assurance Company Limited & 6 others (Cause E004 of 2023) [2023] KEELRC 3133 (KLR) (28 November 2023) (Ruling)
✦ The application for stay of execution is dismissed without merit.
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Chandarana Supermarket Limited v Edward (Miscellaneous Application E111 of 2023) [2023] KEELRC 3074 (KLR) (28 November 2023) (Ruling)
✦ The court allows the application to file the appeal out of time and grants a stay of execution.
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Kiprop v Melchizedek Hospital Limited (Cause E134 of 2022) [2023] KEELRC 3090 (KLR) (28 November 2023) (Judgment)
✦ The court finds that the Claimant was not constructively dismissed and is not entitled to the reliefs sought.
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Mwito v Teachers Service Commission & another (Petition E098 of 2022) [2023] KEELRC 3086 (KLR) (28 November 2023) (Judgment)
✦ The Petitioner’s case is dismissed as the 2nd Respondent (Chief Executive Officer) was improperly joined in the suit and the Petitioner has no cause of action against her. The Petition meets the threshold of a Constitutional Petition.
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Achesa v Radar Limited (Cause 1788 of 2015) [2023] KEELRC 3064 (KLR) (28 November 2023) (Ruling)
✦ The claimant's notice of motion is not merited
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Langat v Kenya Revenue Authority (Petition E146 of 2023) [2023] KEELRC 3011 (KLR) (27 November 2023) (Ruling)
✦ Application dismissed with costs, suspension proceeding under Employment Act