Kenyan case law
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Joseph Makanga Ong’ayo v Japheth Walutila [2018] KEELRC 587 (KLR)
✦ The Court found that there was an employment relationship between the parties.
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James Kimonye v Kenya Meat Commission [2018] KEELRC 549 (KLR)
✦ The Court allows the appeal and reinstates the suit, finding that the High Court had no jurisdiction to dismiss the case as it had been transferred to the ELRC.
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Samuel Nyeso Masha v Silver Holdings Limited & another [2018] KEELRC 530 (KLR)
✦ The Court rejects the Claimant's claims and orders no order on costs.
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Ceasar Warui v Sirona Hotel Limited [2018] KEELRC 561 (KLR)
✦ The claimant is entitled to terminal benefits including leave, service pay, and salary arrears, but not to service charge or public holidays.
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Kudheiha Workers v Kenya Railways Golf Club [2018] KEELRC 575 (KLR)
✦ The summary dismissal was unfair and the claimant is entitled to compensation of Kshs.150,000.
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Lawrence O Moseti & 22 others v County Government of Nakuru [2018] KEELRC 77 (KLR)
✦ Claimants are not entitled to payment of salaries, uniforms, overtime pay, or Sacco dues as the CBA does not support their claims.
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John Baragu Ngari v Laikipia Comfort Hotel Ltd [2018] KEELRC 570 (KLR)
✦ The court orders the Respondent to pay the Claimant Kshs. 120,000/- as compensation for dismissal and costs of the suit.
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Boniface Wachira Kariuki v Nyeri County Government [2018] KEELRC 535 (KLR)
✦ The suit is time barred and is struck out.
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Kenya Plantation & Agricultural Workers Union v Unilever (K) Limited [2018] KEELRC 2559 (KLR)
✦ The court finds that the respondent's voluntary early retirement and separation program does not comply with the mandatory provisions of the Employment Act and the CBA.
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Daniel Wang’ombe Maina & 7 others v Nyeri County Government & another [2018] KEELRC 565 (KLR)
✦ The court finds merit in the preliminary objections and orders the suits struck out as the matters are for the Public Service Commission to handle in the first instance.
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Judy Waruguru Kagai v Lainisha Sacco Society Limited (formerly – Mwea Rice Farmers Sacco Society Ltd [2018] KEELRC 508 (KLR)
✦ The Claimant was not unlawfully dismissed and is entitled to unpaid terminal dues and interest, but the counterclaim is dismissed.
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Richard Owino Odera v Star of the Sea High School & another [2018] KEELRC 571 (KLR)
✦ Termination was unfair and the Respondents are ordered to pay 1 month salary in lieu of notice and 12 months' salary in compensation for unfair termination.
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Stephen Munene Njagi v Tharaka Nithi County Government & another [2018] KEELRC 569 (KLR)
✦ The application for stay is denied
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Absolom Jayuga Ngilimani & others v Rift Valley Textiles Limited [Under Receivership] [2018] KEELRC 98 (KLR)
✦ The court dismissed the claimants' application to set aside the dismissal of their case, finding that the claimants were well represented and that their absence from court was not addressed.
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Robert Mwisani Lumadede v Attoreny General [2018] KEELRC 97 (KLR)
✦ The court denies the application to extend time and dismisses the application.
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Nderitu Kaguu Githae & & 8 others v Lloita Hills Springs Limited & 2 others [2018] KEELRC 119 (KLR)
✦ The court finds the termination of employment to be unfair and orders compensation for the claimants.
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Maurice Ouma Otiende v Real Carriers Ltd [2018] KEELRC 135 (KLR)
✦ The claimant was not entitled to notice pay, leave days, or compensation as the dismissal was justified under the Employment Act.
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Duncan Ndegwa Muriuki v Lasit Limited [2018] KEELRC 137 (KLR)
✦ The court found the dismissal invalid and ordered the respondent to pay notice pay, accrued leave, and house allowance.
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George Kaleve Musyoki v Nolturesh Loitoktok Water & Sanitation Company Limited [2018] KEELRC 573 (KLR)
✦ The court orders the proceeds from the garnished account to be paid to the claimant to offset part of the debt, and the claimant must receive the sum within 7 days.
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Susan Mbithe Kitumu v BOM DEB Primary School Karatina [2018] KEELRC 499 (KLR)
✦ The court finds no dismissal occurred and dismisses the suit with no order as to costs.
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Patrick Mbuvi Muendo v Tanathi Water Service Board & another [2018] KEELRC 593 (KLR)
✦ The Contempt of Court Act is declared unconstitutional and removed from the statute books.
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Justin Mutunga David v China Road & Bridge Corporation (K) Limited [2018] KEELRC 505 (KLR)
✦ The court finds in favor of the Claimant, Justin Mutunga David, and orders him to be paid Kshs. 335,664/- as underpayment, interest on the sum above at court rates, and costs of the suit.
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Erastus Gitonga Burini v Kenya Nut Company Limited [2018] KEELRC 592 (KLR)
✦ The motion is dismissed as it does not fit into any of the categories enumerated in Rule 33 and is overtaken by events.
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Joyce Gatwiri Micheni v Wanandege Co-operative Savings & Credit Society Limited [2018] KEELRC 631 (KLR)
✦ The termination was unfair, and the claimant is awarded 6 months' gross salaries in compensation. The claimant is not entitled to accrued leave.
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Nicodemus Mutunga Tungu v CFC Stanbic Bank Ltd [2018] KEELRC 589 (KLR)
✦ The termination of the Claimant’s employment was procedurally unfair and the Claimant is entitled to 1 month pay in lieu of notice and the equivalent of 5 months gross wages as compensation.