Kenyan case law
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Gaal v Wajir County Assembly & 2 others (Constitutional Petition E155 of 2024) [2024] KEELRC 13240 (KLR) (27 November 2024) (Judgment)
✦ Petitioner is declared to have been unlawfully removed from the payroll and her salary has been withheld. She is reinstated without loss of benefits.
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Odhiambo v B Braun Medical Kenya Ltd (Cause E433 of 2023) [2024] KEELRC 13306 (KLR) (27 November 2024) (Judgment)
✦ The Court found the termination of the Claimant's employment to be unfair.
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Omiti v Catholic University of Eastern Africa (CUEA) & another (Cause 627 of 2019) [2024] KEELRC 13241 (KLR) (27 November 2024) (Judgment)
✦ The termination of the probationary appointment is not unfair or wanting in law and contract.
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Lumutu v Kenya Civil Aviation Authority (Petition E074 of 2024) [2024] KEELRC 13242 (KLR) (27 November 2024) (Judgment)
✦ The Court finds that the failure to renew the contract violated the petitioner's right to fair labour practices and the right to work. The Court orders the respondent to pay the petitioner's costs.
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Mohammed v Ministry of Interior and Coordination of National Government & 3 others (Petition E157 of 2024) [2024] KEELRC 13248 (KLR) (27 November 2024) (Judgment)
✦ The re-advertisement of the Assistant Chief position was unreasonable and unconstitutional, and the County Commissioner's actions were capricious and unreasonable.
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Tindi v Board of Directors, Kenyatta National Hospital; Kamuri (Interested Party) (Petition E081 of 2024) [2024] KEELRC 13249 (KLR) (27 November 2024) (Judgment)
✦ The Court finds that the petitioner has failed to establish constitutional violations and dismisses the petition with no costs.
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Koech v Public Procurement Regulatory Authority & 2 others (Petition E151 of 2024) [2024] KEELRC 13247 (KLR) (27 November 2024) (Judgment)
✦ The petition is hereby dismissed with no orders on costs.
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Egasa v Filmaid Kenya (Cause 1425 of 2018) [2024] KEELRC 13541 (KLR) (27 November 2024) (Judgment)
✦ The termination of employment was unlawful and unjustified
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Republic v Commission Secretary and Chief Executive Officer National Police Service Commission & another; Limbitu (Exparte) (Judicial Review E038 of 2024) [2024] KEELRC 13230 (KLR) (27 November 2024) (Judgment)
✦ The order of mandamus is issued against the respondents for compelling them to pay the decretal sum of Kshs.3,000,000.00 with interest, and the amounts are prioritized in the 2nd respondent's budget to be provided and paid not later than beyond the budget for 2025/2026.
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Mwilitsa v Attorney General (Employment and Labour Relations Petition E182 of 2023) [2024] KEELRC 13293 (KLR) (27 November 2024) (Judgment)
✦ Petition is unmerited and dismissed
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Agamu v Kenya Civil Avaitation Authority (Cause E356 of 2022) [2024] KEELRC 13250 (KLR) (26 November 2024) (Judgment)
✦ The termination of the Claimant’s employment was found to be unfair.
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Silei t/a Leteipa Silei Law Advocates v Bomet County Public Service Board (Miscellaneous Application E001 of 2024) [2024] KEELRC 13209 (KLR) (26 November 2024) (Ruling)
✦ The application is declined, and no order on costs is made.
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Maritim v Governor, County Government of Bomet & 4 others (Judicial Review Application E002 of 2023) [2024] KEELRC 13204 (KLR) (26 November 2024) (Ruling)
✦ The court declines the applicant's application and orders the application to be declined, with no costs awarded.
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Ongere v New Wide Garmets Kenya EPZ Limited & another (Cause 1565 of 2017) [2024] KEELRC 13308 (KLR) (26 November 2024) (Judgment)
✦ The Claimant is an employee of the 2nd Respondent, and the dismissal was procedurally unfair.
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Omao v Nyamira County Assembly & 9 others; Okero & 3 others (Interested Parties) (Petition E047 of 2024) [2024] KEELRC 13229 (KLR) (26 November 2024) (Ruling)
✦ The Petition is not struck out, as the issues are not sub judice.
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Kipkurui v AIC Litein Hospital (Cause E059 of 2023) [2024] KEELRC 13210 (KLR) (26 November 2024) (Ruling)
✦ The Court reviews and varies the previous judgment, awarding compensation for unfair termination at Kshs. 515,985.60 and gratuity at Kshs. 96,596.64, totaling Kshs. 612,582.24.
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National Union for Water and Sewerage Employees Union v Garissa Water and Sewerage Company Ltd; First Community Bank Garissa Branch & another (Garnishee); Mutuku & 3 others (Interested Parties) (Cause 1162 of 2018) [2024] KEELRC 13223 (KLR) (26 November 2024) (Ruling)
✦ The garnishee order issued on 10th July, 2024 is made absolute, and the respondent is ordered to continue deducting and remitting monthly union dues.
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Langat v Governor, County Government of Bomet & 4 others (Judicial Review Application E001 of 2023) [2024] KEELRC 13211 (KLR) (26 November 2024) (Ruling)
✦ The court declines to reissue the order of mandamus and orders the applicant to execute the judgment obtained on 6th February 2024
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Ayara v Kenya Power & Lighting Company Limited (Cause E068 of 2024) [2024] KEELRC 13235 (KLR) (26 November 2024) (Ruling)
✦ The Court transfers the case to the Employment and Labour Relations Court at Nairobi for hearing and determination.
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Irungu v RMA Motors [Kenya] Limited (Employment and Labour Relations Cause 1005 of 2016) [2024] KEELRC 13231 (KLR) (26 November 2024) (Judgment)
✦ The Court held that the dismissal was unfair due to a lack of procedural fairness, and ordered compensation, commissions, service pay, and other benefits.
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Rotich v County Public Service Board Narok County & 3 others; Koech & 7 others (Interested Parties) (Petition E022 of 2023) [2024] KEELRC 13206 (KLR) (26 November 2024) (Ruling)
✦ The Court granted the petition, declaring the appointments illegal, invalid, and void, and ordered their reinstatement. The judgment was stayed pending appeal.
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Kenya Power & Lighting Company v Kaindio (Employment and Labour Relations Appeal E032 of 2023) [2024] KEELRC 13222 (KLR) (25 November 2024) (Judgment)
✦ The court found that the termination of the employment was unlawful and unfair, and the reasons for termination were not valid.
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Fwamba v Agricultural Finance Corporation (Miscellaneous Application E013 of 2024) [2024] KEELRC 13208 (KLR) (25 November 2024) (Ruling)
✦ The court held that the suit is not sub judice and that the applicant is entitled to an order of extension of the limitation period.
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Gichuhi & 3 others v Shoprite Checkers Kenya Limited (Employment and Labour Relations Appeal E049 of 2023) [2024] KEELRC 13220 (KLR) (25 November 2024) (Judgment)
✦ The Court upholds the award by the trial court of 1 month notice pay and costs to the appellants. The appeal fails and is dismissed. The judgment of Hon. C. K. Koech of 6th April 2023 is upheld. This cross-appeal is dismissed for lack of merit.
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Patmol Security Services Ltd v Wambulwa (Miscellaneous Application E167 of 2024) [2024] KEELRC 13367 (KLR) (25 November 2024) (Ruling)
✦ The court granted the applicant's application for leave to appeal out of time and stayed the execution of the judgment pending the appeal.