Kenyan case law
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Danson Ndeti v Board of Trustees National Social Security Fund [2015] KEELRC 491 (KLR)
✦ The court lacks jurisdiction to entertain the suit as it was filed outside the limitation period.
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Sammy Maina Macharia v Weld-Con Limited [2015] KEELRC 517 (KLR)
✦ Judgment is entered for the Claimant, against the respondents, declaring the termination of his employment wrongful and awarding him the sum of Kshs.336,600 plus costs and interest from the date of filing the suit.
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Eliud Munga Kiragu v National Treasury, Public Service Commission & Attorney General [2015] KEELRC 532 (KLR)
✦ Claimant is entitled to retirement in the public interest with full pension benefits and compensation for wrongful dismissal.
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Ali Muhammed v Awal Transporters Ltd [2015] KEELRC 512 (KLR)
✦ The court finds that the claimant was unfairly and unlawfully dismissed on 16.12.2013 and awarded damages including one month salary in lieu of notice, accrued leave, service pay, and compensation for unfair termination.
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Republic v Teachers Service Commission & another Ex-parte Kenya Union of Post Primary Education Teachers (KUPPET) [2015] KEELRC 1636 (KLR)
✦ The Application by KUPPET is dismissed with costs to both the Respondent and Interested Party. The interim order is discharged accordingly.
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Kenneth Mwaniki Njiriri v Permanent Secretary Office of The President & 2 others [2015] KEELRC 525 (KLR)
✦ The court finds the dismissal valid and lawful, and the suit is dismissed.
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Julius Macharia Ndugire & 2 others v Daniel Irungu Wanjohi [2015] KEELRC 530 (KLR)
✦ The appeal is partially successful, with the judgment and decree varied by deleting Kshs. 131,015.30 and substituting Kshs.128,701.10.
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Pithon Mwangi Njoroge v Pithon Mwangi Njoroge [2015] KEELRC 1644 (KLR)
✦ The applications are dismissed as the claimant's application is overtaken by events and lacks merit.
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Moses Sammy Ponda v Imarika Sacco (Cause 556 of 2014) [2015] KEELRC 520 (KLR) (23 September 2015) (Ruling)
✦ The Respondent Imarika Sacco is adjudged to be in contempt of Court.
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Churchill Winstones Ochieng v Guaranty Trust Bank (Kenya) Ltd & Attorney General [2015] KEELRC 436 (KLR)
✦ The Court declared Sections 42(1) and 47(6) of the Employment Act unconstitutional as being inconsistent with the provisions of Articles 27, 41(1), 48 and 50(1) in so far as the sections are discriminatory and purport to deny the Petitioner rights and freedoms enshrined in the Constitution.
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Mary Wanjiru Ndwiga & 913 Others v Principal Secretary, Ministry Of Health & another [2015] KEELRC 456 (KLR)
✦ Court orders the 1st Respondent to deposit monthly salary for the balance internship period on account of the Interns pending the hearing and determination of the petition.
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David Odero Orwa v Still Makers Limited [2015] KEELRC 469 (KLR)
✦ The Court awards the Claimant one month salary in lieu of notice, severance pay for 8 years, annual leave pay for 2 years, and costs of the suit.
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Joseph Kutela Ingati & another v Charles Kahende Kinuthia [2015] KEELRC 433 (KLR)
✦ The Court finds in favor of the Claimants and orders the Respondent to pay compensation for unlawful termination, unpaid extra work, and public holidays and Sundays worked.
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Esther Wambui Ndua v National Bank of Kenya [2015] KEELRC 527 (KLR)
✦ The Court found that the Respondent had a valid reason for terminating the Claimant's employment due to fraudulent transactions involving unsecured personal loans at Ruiru Branch.
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Dock Workers Union v Kenya Ports Authority [2015] KEELRC 523 (KLR)
✦ The Court finds the Application and the entire Claim have no merit and dismisses them.
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Kenya Scientific Research International Technical & Allied Institutions Workers Union v Kenya Marine & Fisheries Research Institute & another [2015] KEELRC 518 (KLR)
✦ The court dismissed the suit with costs and interests, finding that the claimant had not recruited a simple majority of the respondent's unionisable staff and thus was not the proper and appropriate union to represent them.
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Michelle Noelle Ochieng v Virtual Works Limited [2015] KEELRC 373 (KLR)
✦ The termination was unfair and the claimant is entitled to compensation and other remedies.
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Geoffrey Nyabuti Onguko v Blow Plant Limited (Cause 1647 of 2014) [2015] KEELRC 458 (KLR) (Employment and Labour) (21 September 2015) (Judgment)
✦ The dismissal was unfair and unlawful due to the lack of proper redundancy process compliance.
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Michael Aloyo v Owl Alarms Limited [2015] KEELRC 511 (KLR)
✦ Respondent's motion for review is dismissed with costs
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Kenya Shoe And Leather Workers Union v Fast Track Management Consultants Limited [2015] KEELRC 450 (KLR)
✦ The termination was unfair and unlawful.
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Jonathan Kipkurui Koskei & Peter Elaini Eregae v National Police Service Commission & Attorney General (Miscellaneous Application 21 of 2014) [2015] KEELRC 1651 (KLR) (21 September 2015) (Ruling)
✦ The court dismissed the application and ordered the reinstatement of the applicants to be sufficient to address their claims.
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Charles Munyua v Marie Stopes Kenya [2015] KEELRC 425 (KLR)
✦ Claimant's application for payment of Kshs. 892,948.72 in terminal dues is denied.
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Peris Nyambura Kimani v Delbit Petrolium Limited [2015] KEELRC 457 (KLR)
✦ Interim orders of stay pending hearing of the respondent's appeal are set aside. The entire judgement of the court is not to be stayed pending the respondent's intended appeal.
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Jacob Ngwele Muvengei v Speaker Nairobi City Council Assembly & 2 others [2015] KEELRC 74 (KLR)
✦ Conservatory orders should not issue
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Nathan Ogada Atiagaga v David Engineering Limited [2015] KEELRC 75 (KLR)
✦ The court finds that the Claimant was subjected to an intolerable condition due to delayed salary payments, which amounted to constructive dismissal. The court also finds that the Claimant was dismissed without just cause.