Kenyan case law
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Muthoni Nyagaki Mugo v Kemetrica Limited [2019] KEELRC 473 (KLR)
✦ The court found that the redundancy was lawful and fair, and that the claimant was paid all her dues at the time of separation.
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Bernard Kwerula Ongaya v Crown Health Care Limited [2019] KEELRC 486 (KLR)
✦ The dismissal was found to be wrongful and unfair due to the lack of a fair hearing.
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Joseph Thiongo Mburu v Avenue Service Station Limited [2019] KEELRC 484 (KLR)
✦ The Claimant was not a casual employee and his employment was unlawfully and unfairly terminated.
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Rachel Mutheu Ndambuki v Cabinet Secretary, Ministry of Lands and Physical Planning & 2 others [2019] KEELRC 524 (KLR)
✦ The Cabinet Secretary is found in contempt and granted an opportunity to purge the contempt
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Amos Bengo Onduso v United Millers Limited [2019] KEELRC 360 (KLR)
✦ The claimant's dismissal was justified due to intoxication during work hours, and no notice pay or compensation is due. Overtime pay claims are dismissed as the claimant was paid for overtime work.
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Esther Chepkorir Rono v Egerton University [2019] KEELRC 374 (KLR)
✦ The court found that the claimant was unfairly terminated and ordered the respondent to pay her general damages for the violation of her constitutional rights and for unfair termination of employment.
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Clifford Mabele Wefwafwa v Nzoia Sugar Company [2019] KEELRC 564 (KLR)
✦ The claimant is entitled to the reliefs sought.
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Edward Mwaivu Mlacha v Bob Morgan Services Limited [2019] KEELRC 579 (KLR)
✦ The Court grants the Respondent leave to file its Statement of Response and orders the discharge of Njeru & Company and the grant of leave to Sindinyu Njau & Company to act for the Respondent.
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Kenneth Alaro Mboya v Kenya Electricity Generating Co. Limited [2019] KEELRC 552 (KLR)
✦ The Court found that the Claimant's retirement was not unlawful and that he is not entitled to the remedies sought.
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Joseph Jaoko Olwal v Agroline Hauliers Limited [2019] KEELRC 541 (KLR)
✦ The court dismisses the claim for an extra one month notice and awards the claimant housing allowance and gratuity.
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Kenya Engineering Workers Union v Hebatullah Brothers Limited (Cause 91 of 2018) [2019] KEELRC 532 (KLR) (24 October 2019) (Judgment)
✦ The Claimant's claim for deduction of union dues is unsupported by evidence and therefore fails. The claims for conversion of employment terms and issuance of appointment letters also fail.
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Boaz Otieno Ojengo v Chanan Agricultural Contractors Kenya Limited [2019] KEELRC 491 (KLR)
✦ The dismissal was not for a valid reason and the claimant is entitled to the reliefs sought.
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Stephen Ombaki Momanyi v Bedrock Holdings Limited [2019] KEELRC 369 (KLR)
✦ Claimant is awarded Ksh.7,500 for 20 days worked in September 2016, Ksh.96,866 in underpayments, Ksh.24,170.70 in rest days pay, Ksh.5,665 in service pay, and a certificate of service.
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Peter Wanyama Makokha v Principal Friends School, Kamusinga & another [2019] KEELRC 597 (KLR)
✦ Claimant is entitled to one month's salary in lieu of notice, arrears of salary, half salary for the suspension period, and maximum compensation for the unlawful termination.
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Peter Otieno Odera & 2 others v County Government of Homa Bay & another [2019] KEELRC 572 (KLR)
✦ The termination of employment was found to be unlawful and unfair.
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Caroline Wanjiru Karori v Board of Trustees, National Social Security Fund (NSSF) [2019] KEELRC 377 (KLR)
✦ The court declares the summary dismissal unfair and sets aside the letter of summary dismissal. The claimant is awarded compensation and notice pay.
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Daniel Akhutu Weme v Cathedral of Christ The King Parish [2019] KEELRC 330 (KLR)
✦ Judgment awarded underpayments, 10 days salary for April 2014, and annual leave not taken.
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Kibet Sitienei v Kenya Agricutural & Livestock Reasearch Organisation [2019] KEELRC 391 (KLR)
✦ Claimant is not entitled to interim orders, but the case will be heard on priority and the claimant may be reinstated with back wages at the end of the full hearing.
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Ahmed Kiarie v United (EA) Warehouse Limited [2019] KEELRC 539 (KLR)
✦ The Claimant's claims for breach of contract and unpaid salary are dismissed. The Claimant is awarded terminal dues for a period of 4 years.
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Johana Mbita Mangale v China Dalian International Economic and Technical Cooperative Group Limited [2019] KEELRC 558 (KLR)
✦ The Court declares the termination unfair and orders the Respondent to pay the Claimant annual leave, salary compensation, and costs.
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Effie Achieng Owino v Sylvester Amondo t/a Gibbs Academy [2019] KEELRC 554 (KLR)
✦ The Court finds and holds that the Claimant has failed to establish a case of unlawful and unfair termination of employment. The claims for compensation and notice pay are therefore unsupported and are dismissed.
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David Wanyonyi v Attorney General & 2 others [2019] KEELRC 331 (KLR)
✦ The court orders the respondents to pay the claimant for 17 days worked and not paid, to retire the claimant with full pension benefits, and to file a tabulation of dues within 30 days.
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Paul Otieno Ogutu v Ndugu Transporters Limited [2019] KEELRC 570 (KLR)
✦ Judgment is entered in favour of the claimant as against the respondent in the sum of Kshs. 18,485
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Fredrick Otieno v Public Service Commission & 3 others [2019] KEELRC 580 (KLR)
✦ The motion is dismissed. The Court finds that the applicant has not satisfied the test for the grant of interim reliefs.
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Miriam Nzilani Mweu v Kiptinness & Odhiambo Associates [2019] KEELRC 645 (KLR)
✦ The Court finds that the contractual breaches and constitutional violations are intertwined and that arbitration would not serve the purpose of resolving the dispute. The Court directs the parties to file their answers and submissions.