Kenyan case law
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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.
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Benson Muriithi Kagai v Kenga Equatorial Hotels Ltd t/a Mombasa Continental Resort [2018] KEELRC 556 (KLR)
✦ The Court found that the termination was not unlawful as the Respondent followed the required procedural steps for redundancy termination.
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John Onteri Momanyi v Motor Boutique Limited [2018] KEELRC 567 (KLR)
✦ The Court dismisses the claimant's suit and orders him to pay the respondent Kshs. 21, 783.00 by December 31, 2018, with interest.
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Patrick Menge Maragia v Kenya Kazi Services Limited [2018] KEELRC 586 (KLR)
✦ The Court dismissed the application for review and/or variation of the decision of the Honourable Court made on 8th February 2018, and ordered the applicant to pay costs to the Respondent.
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Dyan Otieno Odhiambo v East Africa Portland and Cement Companylimited [2018] KEELRC 507 (KLR)
✦ The termination was not unfair, and the claimant is dismissed with costs.
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Joseph Makanga Ong’ayo v Japheth Walutila [2018] KEELRC 587 (KLR)
✦ The Court found that there was an employment relationship between the parties.
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Peter Mutuku Nthuku v Perimeter Protection Limited [2018] KEELRC 524 (KLR)
✦ The application is dismissed with costs.
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Partrick Mwita Martinus v National Police Service Commission & 3 others [2018] KEELRC 551 (KLR)
✦ Petitioner's suspension and dismissal were null and void, and he is reinstated.
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Jane Macharia Chege v Kenyatta University & 3 others [2018] KEELRC 536 (KLR)
✦ The Court finds the termination unfair and orders the respondent to pay the claimant Kshs.585, 370.50 in compensation, deliver a certificate of service, and pay costs.
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Joseph Mwanzia Mutie v Khetshi Dharamshi & Co Limited [2018] KEELRC 523 (KLR)
✦ The Court finds the respondent's submissions justifiable and dismisses the claimant's claim with costs.
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Denis Mwenda Gitonga v Ernest & Young LLP [2018] KEELRC 529 (KLR)
✦ The Court found the termination of the claimant's contract of employment to be unfair and unlawful.
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Bernard Juma Oyieyo v Karia Supermarket Limited [2018] KEELRC 576 (KLR)
✦ The termination of the claimant’s contract of service was unfair due to the lack of a fair procedure.
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Peter Kithaka Mbawa v Coca Cola Juices Kenya Limited [2018] KEELRC 527 (KLR)
✦ The termination was not wrongful and unfair, and the claimant is not entitled to compensation or salary.
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Wilberforce Andrew Olando v Japa Protection Systems Limited [2018] KEELRC 501 (KLR)
✦ The proceedings are set aside due to lack of proper service of a hearing notice. A fresh hearing date is ordered.
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Karen Nyabate Moriasi v Kefa Kevin Nyongesa [2018] KEELRC 545 (KLR)
✦ Termination was unfair. The Respondent is ordered to pay the Claimant salary for March 2015, 1 month salary in lieu of notice, service pay, and compensation for unfair termination.
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Amalgamated Union of Kenya Metal Workers v M/S Rizwan Metal Craft Limited [2018] KEELRC 580 (KLR)
✦ The Preliminary Objection is successful, the Claim is prematurely and improperly before the Court, and is struck out in its entirety.
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GJN v Multimedia University of Kenya & another (Cause 1200 of 2012) [2018] KEELRC 574 (KLR) (23 November 2018) (Judgment)
✦ The claimant's employment contract was not valid after the university was chartered as a full university, and the prayer for a permanent injunction was overtaken by events.
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James Kimonye v Kenya Meat Commission [2018] KEELRC 549 (KLR)
✦ The Court allows the appeal and reinstates the suit, finding that the High Court had no jurisdiction to dismiss the case as it had been transferred to the ELRC.
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Moffat Mwanzi v Mudher Engineering Works Limited [2018] KEELRC 566 (KLR)
✦ Termination was unfair and unlawful
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Aggrey Tukunya Aluvanze v Maike Potgieter & another [2018] KEELRC 502 (KLR)
✦ The termination of the Claimant’s employment was unfair and he is awarded 1 month pay in lieu of notice and compensation.
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Musa Ogaro Osoro v Wakenya Pamoja Sacco Society Ltd [2018] KEELRC 577 (KLR)
✦ The termination was found to be unfair, and the claimant is awarded 3 months salary in lieu of notice and 12 months salary for unfair termination.
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Kudheiha Workers v Kenya Railways Golf Club [2018] KEELRC 575 (KLR)
✦ The summary dismissal was unfair and the claimant is entitled to compensation of Kshs.150,000.
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Communication Workers Union of Kenya v Telkom Kenya Limited [2018] KEELRC 533 (KLR)
✦ The Court finds that the respondent's failure to pay bonuses to union members is unlawful, unfair, and illegal, and violates Articles 27(5) and 41 of the Constitution of Kenya, 2010.
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Banking, Insurance and Finance Union v National Bank of Kenya Ltd [2018] KEELRC 583 (KLR)
✦ The Court dismissed the application for interim interdicts and the review application, finding them frivolous and an abuse of process.
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Elizabeth Mwende Timothy v Brinks Security Services Limited [2018] KEELRC 503 (KLR)
✦ Termination was unfair and based on pregnancy discrimination