Kenyan case law
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Kenya Shipping, Clearing Freight Logistics and Warehouses Workes Union v Vegpro (K) Ltd VP Group (Employment and Labour Relations Cause E1031 of 2021) [2023] KEELRC 3122 (KLR) (24 November 2023) (Ruling)
✦ The preliminary objection is not merited and must be dismissed
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Kenya Union of Commercial, Food and Allied Workers v Amritlals Wholesalers Limited (Cause 4 of 2019) [2023] KEELRC 3017 (KLR) (24 November 2023) (Judgment)
✦ The court determined that the Claimant has recruited a simple majority of employees for recognition and ordered the Respondent to deduct and remit union dues from the 27 confirmed members.
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Kenya National Union of Nurses v Ministry of Health & another (Cause E617 of 2022) [2023] KEELRC 3021 (KLR) (24 November 2023) (Judgment)
✦ The Administrative Organogram is not in consonance with Section 18 of the Health Act No. 21 of 2017, and the Respondents are directed to formulate a fresh Administrative Organogram.
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Kenya Union of Commercial Food and Allied Workers v Dadu Hardware Limited (Employment and Labour Relations Cause E006 of 2023) [2023] KEELRC 3108 (KLR) (24 November 2023) (Ruling)
✦ The court found that the Claimant had recruited a simple majority of the Respondent's Unionisable employees and that the Respondent had no authority to refuse to deduct union dues.
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Ngari v Kenya Meat Commission (Cause 64 of 2019) [2023] KEELRC 3139 (KLR) (24 November 2023) (Ruling)
✦ The Court declines the Claimant's Application and orders each party to bear its own costs.
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Itebete v Econet Media Kenya Limited t/a Kwese (Cause 838 of 2019) [2023] KEELRC 3020 (KLR) (24 November 2023) (Judgment)
✦ The Court finds that the Respondent failed to prove justifiable cause for the Claimant's dismissal and that the dismissal was not in line with fair procedure.
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Musango v DHL Express (Cause 1510 of 2018) [2023] KEELRC 3111 (KLR) (24 November 2023) (Judgment)
✦ The Court found that the Respondent had a valid and fair reason to terminate the Claimant's employment and that the Claimant was not entitled to the reliefs sought.
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Katumbi & another ( Suing as the Administrators and Personal Representatives of the Estate of Boniface Kyungu Nzioka Deceased) v Kinyanjui (Miscellaneous Application E077 of 2023) [2023] KEELRC 3062 (KLR) (24 November 2023) (Ruling)
✦ The Court orders that the matter be resubmitted to DOSH to make a decision on the objection lodged by the respondent.
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Samin v Aquamist Limited (Employment and Labour Relations Appeal E197 of 2022) [2023] KEELRC 3019 (KLR) (24 November 2023) (Judgment)
✦ The Court dismisses the appeal in its entirety and makes no orders as to costs.
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Osiri v Onda Mechanical EA Limited & 2 others (Employment and Labour Relations Appeal E184, E188, E164 & E178 of 2022 & E066 & E070 of 2020 & E160, E162 & E135 of 2021 (Consolidated)) [2023] KEELRC 3120 (KLR) (24 November 2023) (Judgment)
✦ The revision of the director's assessment dated 9th February, 2020 without any formal objection by the respondent as required by WIBA was unlawful and is hereby set aside. The appellant is entitled to be paid the assessment as done by the Director on 9th February, 2020.
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Nganga v Laptrust (Umbrella) Retirement Fund Board of Trustees & another (Employment and Labour Relations Cause 367 of 2018) [2023] KEELRC 3044 (KLR) (24 November 2023) (Ruling)
✦ The orders dismissing the suit are vacated, and the claimant is granted a last chance to have his suit reinstated and proceed to prosecute the same. The respondent will be paid Kshs 5,000/- as costs of the application.
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Angar v Nairobi Academy (Holdings) Limited (Miscellaneous Application E210 of 2022) [2023] KEELRC 3054 (KLR) (24 November 2023) (Ruling)
✦ The court recognizes and adopts the arbitration award as its judgment and enforces it as its decree.
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Citibus Limited v Muriuki (Employment and Labour Relations Appeal E036 of 2022) [2023] KEELRC 3027 (KLR) (24 November 2023) (Judgment)
✦ The court found that the termination of the Respondent's employment was unfair and that the awards made were justifiable.
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Atula v Techpack Industries Limited (Cause 611 of 2018) [2023] KEELRC 3110 (KLR) (24 November 2023) (Judgment)
✦ The Court found that the Claimant did not prove that he acted as required under the law and for that reason, his absence from work was unexplained. The Respondent was not required to prove that it terminated the Claimant in accordance with fair procedure.
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Mwangi v CPF Financial Services Limited (Cause 833 of 2018) [2023] KEELRC 3018 (KLR) (24 November 2023) (Judgment)
✦ The Court found the termination substantively justifiable due to the Claimant's alleged misconduct and refusal to sign the corrected contract.
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Kenya Union of Commercial Food & Allied Workers Union v Fish & Chicken Bar Limited (Cause E326 of 2022) [2023] KEELRC 3029 (KLR) (24 November 2023) (Ruling)
✦ The Court dismisses the Application and does not make any orders as to costs.
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Wagereka v Nokia Solutions & Solutions Business Operations OY (Employment and Labour Relations Cause E2442 of 2017) [2023] KEELRC 3040 (KLR) (24 November 2023) (Ruling)
✦ The court allows the substitution of the claimant and grants 21 days for written submissions from both parties.
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Kaniu v Kenya Airports Authority (Employment and Labour Relations Cause 585 of 2019) [2023] KEELRC 3047 (KLR) (24 November 2023) (Ruling)
✦ The suit is time barred and dismissed
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Otengo v Sana Industries Co. Ltd (Employment and Labour Relations Petition E035 of 2023) [2023] KEELRC 3046 (KLR) (24 November 2023) (Judgment)
✦ The court declares that the Petitioner’s rights and fundamental freedoms were threatened and infringed by the Respondent's dismissal.
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Radar Limited v Gitahi (Miscellaneous Application E046 of 2023) [2023] KEELRC 3455 (KLR) (23 November 2023) (Ruling)
✦ The court granted the applicant 14 days leave to file the appeal and serve the respondent. The decretal sum awarded by the lower court shall be deposited in a joint interest earning account within 14 days.
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Kariuki v Trustees of Premier Academy Charitable Trust t/a Premier Academy (Cause 1420 of 2016) [2023] KEELRC 2997 (KLR) (23 November 2023) (Ruling)
✦ The respondent's application to recall the claimant to the witness stand is denied with costs.
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Fikiri v Kamyn Industries Ltd (Cause 618 of 2015) [2023] KEELRC 3107 (KLR) (23 November 2023) (Judgment)
✦ Termination of the Claimant’s employment was unfair, and he is awarded compensation for unfair termination of employment, one month salary in lieu of notice, and unpaid days worked in November 2005.
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Kenya Hotels and Allied Workers Union v Nyanza Club (Cause E004 of 2021) [2023] KEELRC 3025 (KLR) (23 November 2023) (Ruling)
✦ The preliminary objection is dismissed with costs, and the application for a temporary injunction is set for hearing on merit.
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Pathenol v Indian Ocean Forwaders and Logistics Company (K) Ltd (Cause E068 of 2023) [2023] KEELRC 3453 (KLR) (23 November 2023) (Judgment)
✦ The court finds constructive dismissal and awards compensation, unpaid salaries, notice pay, and a certificate of service.
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Bollore Transport & Logistics Kenya Limited v Mgendi (Appeal E067 of 2022) [2023] KEELRC 3463 (KLR) (23 November 2023) (Judgment)
✦ The appeal is found with merit, the trial court's findings and awards are set aside, and the terminal dues are set aside in their entirety.