Kenyan case law
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Kiilu v Isinya Resorts Limited (Cause E022 of 2021) [2022] KEELRC 13240 (KLR) (17 November 2022) (Judgment)
✦ The Court held that the claimant was constructively dismissed due to the employer's conduct, which made it impossible for the claimant to continue working.
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Wambongo v Radar Security Ltd (Cause 1142 of 2018) [2022] KEELRC 13473 (KLR) (17 November 2022) (Judgment)
✦ The Court found the termination to be procedurally unfair and ordered the Respondent to pay the Claimant the sum of Kshs 424,699.93 inclusive of compensation for wrongful dismissal to a maximum of 12 months wages.
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Olute v County Government of Siaya & another (Employment and Labour Relations Cause E059 of 2021) [2022] KEELRC 13206 (KLR) (17 November 2022) (Judgment)
✦ The court found the dismissal to be fair and procedurally just, and dismissed the Claimant's claims.
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Kenya Universities Staff Union v Masinde Muliro University of Science and Technology (Employment and Labour Relations Cause E013 of 2021) [2022] KEELRC 13247 (KLR) (17 November 2022) (Judgment)
✦ The case is resjudicata due to a previous decision in Kenya Universities Staff Union & 3 others v Masinde Muliro University of Science & Technology [2021] eKLR.
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Maina v County Government of Nyeri (Cause E031 of 2022) [2022] KEELRC 13234 (KLR) (17 November 2022) (Ruling)
✦ The court finds that the preliminary objection raises pure points of law and that the suit is not time barred.
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Kamuri v Cleanshelf Supermarkets Limited (Cause 922 of 2018) [2022] KEELRC 13252 (KLR) (17 November 2022) (Ruling)
✦ The claimant's application for leave to amend his Statement of Claim is allowed
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Nyaoke v Kenya Post Office Savings Bank (Cause 268 of 2020) [2022] KEELRC 13235 (KLR) (17 November 2022) (Ruling)
✦ The application lacks merit and is dismissed with costs.
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Kemunto & 2 others v G4S Kenya Limited (Cause 341, 342 & 343 of 2018 (Consolidated)) [2022] KEELRC 13255 (KLR) (17 November 2022) (Ruling)
✦ The claims are dismissed for want of prosecution.
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Abubakar v Modern Coast Builders and Contractors Ltd (Miscellaneous Application 15 of 2022) [2022] KEELRC 13245 (KLR) (17 November 2022) (Ruling)
✦ The court adopts the Director's decision and enters judgment for the applicant for the sum of Ksh. 9,349,344, with interest and costs
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Kenya Plantation & Agricultural Workers Union v Del Monte Kenya Ltd (Employment and Labour Relations Cause E009 of 2022) [2022] KEELRC 13233 (KLR) (17 November 2022) (Judgment)
✦ The court finds that the reason for the dismissal was valid and fair, as it related to the grievant's conduct.
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Maalim v Kima Health International Services Limited (Cause 25 of 2019) [2022] KEELRC 13238 (KLR) (17 November 2022) (Ruling)
✦ The veil of incorporation is lifted, and personal liability regarding the Court's decree is imposed on the Respondent's shareholders and Directors.
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Kenya Medical Practical, Pharmacists and Dentists Union & 23 others v County Government of Kirinyaga & another (Miscellaneous Application E004 of 2021) [2022] KEELRC 13218 (KLR) (17 November 2022) (Ruling)
✦ The court granted the stay of execution of the impugned ruling pending appeal.
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Omao v County Government f Nyamira & 4 others (Petition E013 of 2022) [2022] KEELRC 13205 (KLR) (17 November 2022) (Judgment)
✦ The court found that the petitioner failed to prove a violation of the Constitution and that the recruitment process was not discriminatory.
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Kenya Hotels and Allied Workers Union & another v Mayfair Holdings Ltd (Imperial Hotel) (Employment and Labour Relations Cause 35 of 2019) [2022] KEELRC 13207 (KLR) (17 November 2022) (Judgment)
✦ The court found the dismissal unfair and wrongful, and ordered the reinstatement of the 2nd Claimant.
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Ondieki v National Police Service Commission & 2 others (Cause 15 of 2020) [2022] KEELRC 13232 (KLR) (17 November 2022) (Judgment)
✦ The court found the suit statute barred and dismissed the claim.
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Ogolla v National Bank Ltd (Cause E020 of 2021) [2022] KEELRC 13225 (KLR) (16 November 2022) (Ruling)
✦ The Court dismissed the applicant's motion and the appeal, finding that the Court was functus ocio and that the case was not pending.
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Omollo v Equator Bottlers Ltd (Cause 11 of 2020) [2022] KEELRC 13227 (KLR) (16 November 2022) (Judgment)
✦ The court finds that the disciplinary hearing was not a sham and the respondent had valid and fair reasons to dismiss the claimant.
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers v Board of Management, Evangelical Lutheran Church In Kenya (ELCK) Appropriate Technology Project (ATP) Training College & another (Employment and Labour Relations Claim E028 of 2022) [2022] KEELRC 13226 (KLR) (16 November 2022) (Ruling)
✦ The court strikes out the cause due to the claim being filed beyond the prescribed 3-year timeline
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Republic v Migori County Secretary & another; Migori County Public Service Board (Interested Party); Ngwala & 8 others (Exparte Applicants) (Judicial Review Application E013 of 2022) [2022] KEELRC 13209 (KLR) (16 November 2022) (Judgment)
✦ The court declines to grant the judicial review orders sought by the ex-parte applicants.
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Siro v Muyundo & 2 others (All being sued in their capacity as Chairperson, Secretary and Treasurer of Ray Of Hope Clinic & Community Centre) (Cause 1108 of 2018) [2022] KEELRC 13256 (KLR) (16 November 2022) (Judgment)
✦ The Court of Appeal's view that terminal dues that accrue on a month-to-month or other periodic basis during the life of a contract of service do not constitute a continuing injury or damage for purposes of section 90 of the Employment Act is correct.
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Omedi & 14 others v Kenya Medical Research Institute (Cause E025 of 2022) [2022] KEELRC 13208 (KLR) (16 November 2022) (Ruling)
✦ The court strikes out the instant cause due to the limitation period and the previous rulings.
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Owiti, Otieno, Ragot Advocates v Board of Directors Lake Victoria South Water Services Board (Miscellaneous Civil Cause E038 of 2022) [2022] KEELRC 13228 (KLR) (16 November 2022) (Ruling)
✦ The court declines to grant the certificates of costs sought by the applicant.
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Githanga & 3 others v County Government of Nyandarua; Kenya Commercial Bank & another (Garnishee) (Cause 358 of 2016) [2022] KEELRC 13191 (KLR) (15 November 2022) (Ruling)
✦ The preliminary objection is allowed and the garnishee order is dismissed.
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Khalsa Schools & another v Balume (Appeal 23 of 2020) [2022] KEELRC 13202 (KLR) (14 November 2022) (Judgment)
✦ The court found that the appellants terminated the respondent's contract of service due to his failure to provide TSC registration details.
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Njeri v Powerstar Supermarket Limited (Cause 752 of 2018) [2022] KEELRC 13201 (KLR) (11 November 2022) (Judgment)
✦ Employment relationship exists, but termination was unfair due to lack of reasons and procedural fairness