Kenyan case law
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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.
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Catherine Wambui Karuno v Trocaire [2016] KEELRC 517 (KLR)
✦ Stay of execution and further proceedings granted, with 50% of the decretal sum released to the claimant and the other half deposited in an interest earning account held in the joint names of counsel on record within 30 days.
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Bishop Bakari Kea v Evangelical Lutheran Church in Kenya (Elck) Through Arch-Bishop Walter Obare Omwanza &2 otherS [2016] KEELRC 586 (KLR)
✦ The Court finds that the Claimant has a right to file the suit and be heard by the Court, and the issues will be dealt with fully in the hearing.
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Jacob Joseph Onyango v John Ndungu Mureithi [2016] KEELRC 607 (KLR)
✦ The Court ordered that the amount be released to the Claimant's advocate within 10 days unless the Court of Appeal decided otherwise.
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John Mwaura Mbugua v Board of Trustees Nanyuki Cottage Hospital [2016] KEELRC 672 (KLR)
✦ The claimant's suit will fail as the discharge contract between the parties validly extinguished the claimant's claims for unfair termination.
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Kenya Tea Development Agency & another v Elvis Nduati Ngure [2016] KEELRC 682 (KLR)
✦ The appeal is allowed, and the plaintiff's suit is struck out for want of jurisdiction.
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David Njeru Nyaga v Karsan Ramji & Sons Limited (Cause 1953 of 2014) [2016] KEELRC 506 (KLR) (Employment and Labour) (30 September 2016) (Judgment)
✦ The termination of the Claimant’s employment was substantively and procedurally unfair, and the Claimant is awarded four months' salary in compensation.
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Paul Mburu Karemeri v Kikuyu Diary Farmers Co-operative Society [2016] KEELRC 595 (KLR)
✦ The Claimant's employment was lawfully terminated due to retirement, and the claim for wrongful dismissal is dismissed.
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Rogers Mutisya v Chieni Plains Limited [2016] KEELRC 658 (KLR)
✦ The preliminary objection filed by the respondent is hereby upheld, and the claimant's memorandum of claim is dismissed with costs.
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David Chepkuto Chepkania v Prime Fuels (K) Limited [2016] KEELRC 671 (KLR)
✦ The dismissal was procedurally fair and substantively fair, and the Claimant is not entitled to any of the heads of claim advanced.
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Christopher Kipsang Biwott v Emrock Investment Tea Factory Ltd (Cause 554 of 2014) [2016] KEELRC 643 (KLR) (30 September 2016) (Ruling)
✦ Respondent's application to set aside ex parte proceedings is dismissed with costs to the Claimant
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Michael Ogwapit v Lordship Africa Limited & Another [2016] KEELRC 598 (KLR)
✦ The Court orders that the Applicant be allowed to file suit out of time.
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James Kariuki Rurigi v Tropical Farm Management [2016] KEELRC 669 (KLR)
✦ The defendant's counterclaim for the outstanding car loan is upheld, and the plaintiff's suit is dismissed with costs.
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Kanini Kioko v A-Z Data Solutions Limited [2016] KEELRC 591 (KLR)
✦ The termination of the Claimant’s employment was substantively and procedurally unfair, and she is entitled to compensation.
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Maina Mukoma v Cannon Assurance Limited [2016] KEELRC 603 (KLR)
✦ The Court finds that the termination was justified due to the claimant's gross misconduct regarding the Arusha Skyline Hotel project. The dismissal was carried out through a fair procedure.
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Kenya County Government Workers Union v County Public Service Board of Murang’a (Cause 181 of 2015) [2016] KEELRC 650 (KLR) (30 September 2016) (Judgment)
✦ The claimant's suit is hereby dismissed with orders that each party shall bear own costs of the suit.
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Dickson Oduor Odhiambo & another v Peter Njenga Kibe Former Director Mukii Maize Millers & another [2016] KEELRC 641 (KLR)
✦ The Court dismisses the Claimants' case as incompetent and not backed by sufficient evidence.
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Joseph Ashioya & 165 others v Kenya United Steel Co. Limited & another [2016] KEELRC 556 (KLR)
✦ The application for review of the dismissal of the claim against PriceWaterhouse Coopers Limited is rejected. The claimants have the option to pursue an appeal against the dismissal or to proceed with the claim against Kenya United Steel Co. Limited.
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Peter Mwangi Maina v Equator Bottlers Limited [2016] KEELRC 466 (KLR)
✦ The dismissal was found to be unfair and unconstitutional as it lacked a fair hearing and valid reason.
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Nyanamba O. Steve v Teachers Service Commission [2016] KEELRC 424 (KLR)
✦ Claim is incurably defective and bad in law on the face of it
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Kathra Hussein Noor & another v Kaderdina Hajee Essak Limited [2016] KEELRC 509 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay compensation of Kshs. 84,313 for unfair termination and Kshs. 389,033 for underpayment of salary.
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Kenya Shipping, Clearing, and Warehouses Workers Union v Africair Management & Logistics Limited [2016] KEELRC 518 (KLR)
✦ The Court dismissed the Claimant Union's claim due to the lack of Recognition Agreement between the Respondent Employer and the Claimant Union.
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Benedict Ojou Juma & 10 others v A.J. Pereira & Sons Limited [2016] KEELRC 572 (KLR)
✦ The Court finds the dismissal to be unfair and unlawful.
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Rising Star Commodities Limited v Daniel Akwera [2016] KEELRC 589 (KLR)
✦ The Appeal is allowed, with no order on the costs. The Trial Court erred in finding the Respondent employed by the Appellant and injured on the alleged date.
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Humphrey Omengeh & 7 others v Chemelil Outgrowers Co Limited [2016] KEELRC 488 (KLR)
✦ The claims are time barred and are therefore struck out.