Kenyan case law
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John Mwangangi v Public Service Commission & 2 others [2019] KEELRC 603 (KLR)
✦ The Court dismissed the claimant's application for review and reinstatement of the suit, finding that the dismissal was justified and that the claimant had not shown grounds to justify a review.
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Osielo Okoth O’king & 3 others v A Claim in Rem Against the Owners of Motor Vessel Nasibu, Nasibu Fishing Company Ltd [2019] KEELRC 505 (KLR)
✦ The Respondent's application to set aside the judgment was declined. The Respondent's application for leave to lodge a notice of appeal out of time was also declined. The Respondent's application for an order to stay execution of the judgment was not granted.
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Laban Mutungi Mulinge v Paramount Universal Bank Ltd [2019] KEELRC 606 (KLR)
✦ The Court finds that the claimant was sexually harassed and terminated accordingly, with the suit dismissed with costs.
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Robert Williamson v Football Kenya Federation (Sued through Its President Nick Mwendwa and Its Secretary General and C.E.O Robert Muthomi) [2019] KEELRC 605 (KLR)
✦ Claimant's case is substantially successful, and the respondent is ordered to pay Kshs. 55,900,000 and costs.
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Nicholas Wambua Makovu v Kajal Enterprises Limited [2019] KEELRC 534 (KLR)
✦ Ground 3 of the Memorandum of Appeal is allowed, with special damages allowed at Kshs. 22,780, instead of Kshs. 20,780 granted by the Trial Court.
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Rachel Mutheu Ndambuki v Cabinet Secretary, Ministry of Lands and Physical Planning & 2 others [2019] KEELRC 524 (KLR)
✦ The Cabinet Secretary is found in contempt and granted an opportunity to purge the contempt
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Bluebird Aviation Limited v Mathew Njau Kiarie & another [2019] KEELRC 358 (KLR)
✦ The court found that the 2nd Respondent had no role in the termination of employment and allowed the claim against the 1st Respondent.
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Jerotich Seii Houlding v International Rescue Committee (IRC) [2019] KEELRC 494 (KLR)
✦ The court finds that there was substantive reason to terminate the claimant's employment due to her poor performance.
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John Kawa Ilume v Clarkson Insurance Brokers Limited [2019] KEELRC 585 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay the Claimant equivalent of 7 months' salary in compensation for unfair termination, notice, and annual leave.
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Boniface Odondi Ajode v China Road & Bridge Corporation [2019] KEELRC 546 (KLR)
✦ The Court found the termination of employment to be unfair and ordered the Respondent to pay the Claimant's unpaid salary.
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Akoth Nancy Auko v Epco Builders Limited [2019] KEELRC 607 (KLR)
✦ The Court finds no evidence of wrongful termination and thus no notice pay is due. The claimant is awarded leave pay and service pay for the 2 years served.
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Emma Mwongeli Mwema v National Bank of Kenya Limited (Cause 756 of 2016) [2019] KEELRC 479 (KLR) (Employment and Labour) (25 October 2019) (Judgment)
✦ The Court finds that the Claimant was not unfairly terminated and that her resignation was voluntary.
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Edward Ouma Odhiambo v United Aryan (EPZ) Limited [2019] KEELRC 538 (KLR)
✦ The court finds the dismissal unfair and orders the claimant to be paid his dues and benefits.
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Bernard Kwerula Ongaya v Crown Health Care Limited [2019] KEELRC 486 (KLR)
✦ The dismissal was found to be wrongful and unfair due to the lack of a fair hearing.
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Kenya Private Universities Workers Union v Scott Christian University [2019] KEELRC 443 (KLR)
✦ The court grants access to the respondent's premises for union activities outside official working hours and prohibits victimization of union members.
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Kenya Engineering Workers Union v Kenya Hydraulics Limited & another [2019] KEELRC 587 (KLR)
✦ The Court dismissed the claimant's suit and ordered the claimant to bear its own costs.
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Joyce Gesare Mainye v Public Service Commission & another [2019] KEELRC 525 (KLR)
✦ The dismissal was unfair and unlawful, and the claimant is awarded Kshs.641,107 and pension benefits.
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Leah Waithira Warari v Manasco Medical Centre & another [2019] KEELRC 549 (KLR)
✦ The claimant's services were unfairly terminated, and the court awards one month salary in lieu of notice plus 6 months salary compensation for unfair termination.
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Muthoni Nyagaki Mugo v Kemetrica Limited [2019] KEELRC 473 (KLR)
✦ The court found that the redundancy was lawful and fair, and that the claimant was paid all her dues at the time of separation.
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Abdi Elema Ali v Independent Electoral and Boundaries Commission [2019] KEELRC 515 (KLR)
✦ The Respondent's decision to remove the Claimant from the payroll was unfair and unlawful. The Claimant is entitled to reinstatement and half salary pending the final determination of the Anti-Corruption case.
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Ronoh Sitienei & 4 others v Pharmacy & Poisons Board & another; Attorney General & 4 others (Interested Parties) [2019] KEELRC 598 (KLR)
✦ The application is dismissed with costs, and the notice of appointment by the Hon. Attorney General to act for the 2nd interested party is expunged from the record.
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Bertha Awuor Kowido v Speed Capital Limited (Cause 2460 of 2016) [2019] KEELRC 414 (KLR) (Employment and Labour) (25 October 2019) (Judgment)
✦ The Court found the termination to be unfair and ordered the Respondent to pay the Claimant compensation and other benefits.
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Benson Nthiwa Muthama & another v Nayan Products (K)Limited [2019] KEELRC 614 (KLR)
✦ The Court finds that the claimants deserted duty after receiving an advance and there was no unfair termination. The respondent is awarded the return of advances and costs.
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Benter Akinyi Opande v Kenya Union of Post Primary Education Teachers (KUPPET) & another [2019] KEELRC 457 (KLR)
✦ The Application for stay of execution of the judgment and stay of the appeal is dismissed
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Christabel Achieng Abuto v Change A Life Learning Centre [2019] KEELRC 590 (KLR)
✦ The Court finds that the claimant substantially contributed to her termination by resuming duty belatedly. The claimant is not entitled to the prayed-for remedies.