Kenyan case law
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Monicah Akinyi Otieno v Governing Council, Kisumu National Polytechnic [2021] KEELRC 431 (KLR)
✦ The Court declines to confirm the interim orders which had injuncted the Respondent from proceeding with the recruitment process.
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Rhoda Nyatuka Isena v Coptic Hospital (Cause 381 of 2016) [2021] KEELRC 410 (KLR) (Employment and Labour) (17 November 2021) (Judgment)
✦ The Court finds the termination procedurally flawed and thus unfair.
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Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers v Kisii University Council [2021] KEELRC 488 (KLR)
✦ The Court dismissed the Respondent's application due to the failure to substantiate pleadings and adduce evidence.
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Linda Olweny v Sanlam General Insurance Limited [2021] KEELRC 436 (KLR)
✦ The court found that the Claimant was unfairly dismissed and ordered the Respondent to pay the Claimant compensation for unfair termination of employment.
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Duncan Kariuki Gitau & 2 others v Lamu County Public Service Board & another [2021] KEELRC 478 (KLR)
✦ Conservatory orders are issued to bar the Respondents from recruiting individuals for the positions of ECDE assistant and graduate teachers and supervisors, and for positions 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33, pending the hearing and determination of the Petition.
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Moses Stanley Okoth v Hyper Market Limited [2021] KEELRC 398 (KLR)
✦ The termination was unfair and unprocedural.
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Commission for Human Rights and Justice v Michelle Bibi Fondo & 2 others [2021] KEELRC 439 (KLR)
✦ The 1st Respondent's appointment as County Attorney is upheld, and an order is granted to suspend the part of the judgment pending the appeal.
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Chengo Kenga Karisa v Granch Malindi Resort Limited [2021] KEELRC 474 (KLR)
✦ The court grants the application and extends the time within which to file the appeal by 14 days from the date of this ruling
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Promoters, Kenya Salt Workers Union (Lawrence K Majali, Folleni Chea Boshei, Moses H Kellah, Safari Kazungu Nyanje, Kazungu Kondoduka and Dethitarss Mako Kofa) v Registrar of Trade Unions; Kenya Chemical Workers Union (Proposed Interested Party) [2021] KEELRC 396 (KLR)
✦ The Kenya Salt Workers Union is an interested party entitled to be joined in the appeal.
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Christopher Opondo Mulanga v Data Rush Services Limited [2021] KEELRC 461 (KLR)
✦ The Court found that the termination letter did not enumerate the reasons for termination, the Claimant was not accorded a formal hearing, and the termination was not fair.
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Mary Gorreti Ng’ondwe v DHL Worldwide Express Kenya Limited [2021] KEELRC 385 (KLR)
✦ The court orders 5 months' salary as compensation, interest on the sum, costs of the suit, and a proper certificate of service.
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Marambe v For You Chinese Restaurant (Cause 1124 of 2017) [2021] KEELRC 2425 (KLR) (15 November 2021) (Judgment)
✦ The court finds that the termination was unfair and orders the Respondent to pay the Claimant salary for 26 days worked in November 2016, accrued house allowance, accrued annual leave, service pay, one-month salary in lieu of notice, and two months' salary as compensation for unfair termination.
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Naomi Sau Shako v Changamka Micro Insurance Limited [2021] KEELRC 487 (KLR)
✦ The Court found that the withholding of part of the Claimant's salary for the months of April, May, June, July 2016 and cessation of payment in August 2016 amounted to a repudiatory breach and left the Claimant with no option but to quit.
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Dennis Leak Ojuok v Population Services Kenya [2021] KEELRC 499 (KLR)
✦ The application is allowed
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John Mwangi Ngugi v Orient Sacco Society Limited [2021] KEELRC 489 (KLR)
✦ The claim is not statute barred as it was filed just before the lapse of the limitation period.
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Audio Visual Control Systems v Naomi Nekesa Kasuti [2021] KEELRC 500 (KLR)
✦ The appeal is allowed, and the orders of stay granted on 5th November 2020 are confirmed. The Appellant is ordered to file the record of appeal within 60 days, otherwise the orders of stay will lapse.
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Donald Ojijo Ogeta v National Police Service Commission [2021] KEELRC 298 (KLR)
✦ The Court found no violation of the Petitioner's right to fair administrative action during the vetting process. The decision to remove the Petitioner was upheld as he was found lacking in financial probity.
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Kevin Otieno Ondo v Ethics and Anti Corruption Commission & 2 others; Acting Deputy Chief Executive Officer of Ethics and Anti Corruption Commission & 2 others (Interested parties) [2021] KEELRC 493 (KLR)
✦ The application for the applicant to be enjoined as a 3rd Interested Party was opposed by all respondents and the 1st Interested Party. The court found that the applicant has a demonstrable legal stake in the proceedings and that his joinder will ensure a fairer and more conclusive determination of the issues in dispute.
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Maurice Ajwang Owuor v Catholic University of Eastern Africa [2021] KEELRC 425 (KLR)
✦ The Court found that Petitioner's rights were violated and ordered the Respondent to pay certain allowances and damages.
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Michael Njoroge v Barclays Bank Limited & another [2021] KEELRC 492 (KLR)
✦ The Court finds the termination procedurally and substantively unfair.
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Lucas O Odonya v Kenya Railways Corporation [2021] KEELRC 430 (KLR)
✦ The claim is time-barred and is hereby declined.
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Kenya National Union of Nurses & another v Cabinet Secretary, Ministry of Health & 95 others; Attorney General (Interested Party) [2021] KEELRC 2307 (KLR)
✦ The claims are not res sub judice as the subject matter is distinct from the subject matter in the Transition Authority Case. The Circular is valid and the Claimants are not entitled to the prayers sought.
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David R Andanje v Nakuru Water & Sanitation Services Limited [2021] KEELRC 508 (KLR)
✦ The application lacks merit and is dismissed.
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Francis Madegwa Shitemi v Corporate Security Services Limited [2021] KEELRC 2393 (KLR)
✦ The court finds the termination of employment to be unfair and without due process, and orders the respondent to pay the claimant the following: 10 days unpaid leave at Ksh.7,143, 4 hours overtime pay per day at Ksh.272,160, and compensation for unfair termination at Ksh.180,000.
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Sang v County Public Service Board, Kericho County & another (Employment and Labour Relations Cause 14 of 2020) [2021] KEELRC 519 (KLR) (11 November 2021) (Ruling)
✦ The court finds that the application was made without unreasonable delay and that the applicant has established a ground for review.