Kenyan case law
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Benson Wachira Maina v Prime Steel Mills Limited [2020] KEELRC 494 (KLR)
✦ The Court finds that the Claimant was constructively terminated and awards him 1 month salary in lieu of notice, leave pay, service pay, and 10 months' salary for unfair termination.
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Cherly Ocholla v Car General (Trading) Limited [2020] KEELRC 502 (KLR)
✦ The suit is struck out as it was filed outside the limitation period of 3 years, the same being founded on contract of employment.
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Benson Otieno Ayago v Barclays Bank of Kenya Limited [2020] KEELRC 504 (KLR)
✦ The termination was unlawful and unfair, and the claimant is entitled to compensation.
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Phoebe Atieno v Creative Consolidated Systems Limited [2020] KEELRC 471 (KLR)
✦ The Court finds for the Claimant and awards compensation for unpaid leave, service, salary, and 10 months' salary as compensation for unlawful and unfair termination.
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Japheth Omosa v Omar Shariff Ali & 3 others [2020] KEELRC 510 (KLR)
✦ The Respondents' application is dismissed with costs to the Claimant.
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Benson Samba Gwaro v Kiamokama Tea Factory Co. Ltd [2020] KEELRC 508 (KLR)
✦ The court finds that the respondent failed to demonstrate a valid reason for declaring the claimant redundant, thus the declaration is invalid.
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Okiya Omtatah Okoiti v Nairobi Metropolitan Service & 3 others; Mohamed Abdala Badi & 9 others [2020] KEELRC 512 (KLR)
✦ The court declares that the creation of the Nairobi Metropolitan Service was in compliance with the law and the Constitution.
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Kenya Tertiary & Schools Workers Union - KEWATSU v Board of Management Nyangori Boys High School [2020] KEELRC 498 (KLR)
✦ The termination of the employment of the grievants was unlawful and unfair, and the grievants are entitled to compensation and payment of terminal benefits.
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Richard Kimeu Muthama v Systech Limited Kenya [2020] KEELRC 490 (KLR)
✦ Termination was unfair and unjustified
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Jackson Okoth v Wells Fargo Courier Ltd & another [2020] KEELRC 516 (KLR)
✦ The court found that the claimant was an independent contractor, not an employee, and thus the termination was lawful and fair.
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John Makori Maswari v Ogembo Tea Factory [2020] KEELRC 507 (KLR)
✦ The court finds the plaintiff was 80% liable for the injuries sustained and dismisses the appeal with costs to the respondent.
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Paul Muchiri Mathenge v KCB Bank (K) Limited [2020] KEELRC 488 (KLR)
✦ The Preliminary Objection is without merit and the suit is not time-barred.
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Samuel Chege Kamau v Uwezo Microfinance Bank Limited [2020] KEELRC 453 (KLR)
✦ The dismissal was unfair and unjustified due to lack of valid reasons and failure to grant the Claimant an opportunity to be heard.
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David Otieno Ogada v Bidco Africa Limited [2020] KEELRC 477 (KLR)
✦ The termination was lawful and fair, and the Claimant's claim is dismissed except for the request for a certificate of service
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Ruth Adhiambo Apindi v Unilever Kenya Limited [2020] KEELRC 493 (KLR)
✦ The Application for stay of execution is allowed with conditions
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Terry Wijenje & 5 others v Directline Assurance Company Limited & 6 others [2020] KEELRC 467 (KLR)
✦ The Preliminary Objection is dismissed, and the Applicants proceed with their application for leave to file contempt proceedings.
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Agnes Wacu Gatoto v Kenya Kazi Services Limited [2020] KEELRC 482 (KLR)
✦ Application dismissed without merit
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Kenya Aviation Workers Union v Kenya Airways PLC; Carrier Directions Limited & 2 others (Interested Parties) Ex parte Allan Kilavuka & another [2020] KEELRC 480 (KLR)
✦ Respondent found guilty of contempt and ordered to pay costs
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Proscovia Vitsengwa v Chairperson Kenya Railway Corporation Board & 4 others; Attorney General (Interested Party) [2020] KEELRC 476 (KLR)
✦ The application is dismissed with costs and the issue of contempt is dispensed with.
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Kenya Engineering Workers Union v M/S Proto Energy Limited [2020] KEELRC 495 (KLR)
✦ The court orders the remittance of deducted union dues and prohibits victimization of union members.
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Wairimu & another (Suing as the Legal Representatives and Administrators of the Estate of Josphat Kiuri Mwangi (Deceased)) v Zhongmei Enginineering (K) Group Limited (Miscellaneous Application 102 of 2018) [2020] KEELRC 484 (KLR) (16 September 2020) (Ruling)
✦ The application is dismissed with costs as it has been overtaken by events.
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Julius Ndegwa v National Police Service Commission & another [2020] KEELRC 485 (KLR)
✦ Dismissal was unfair and unjustified, and Petitioner's rights for fair hearing were breached.
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Karen Karagania Njuguna v Longhorn Publishers Kenya [2020] KEELRC 449 (KLR)
✦ There was no valid reason for the redundancy declaration, and the termination was unjustified.
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Juliet Chepchumba Tuwot & 129 others v East African Portland Cement Company Limited & another [2020] KEELRC 455 (KLR)
✦ The Court finds that the Applicants are entitled to be part of the payment schedule and that the 1st Respondent should account for the money paid out and show how the Applicants have been included.
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Juliet Chepchumba Tuwot & 129 others v East African Portland Cement Company Limited & another [2020] KEELRC 497 (KLR)
✦ The Court finds the application has merit and allows it, including the 1st Respondent to account for the money paid out and to show how the Claimants have been included in the schedule.