Kenyan case law
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Margaret Auma Ingwe v Kenya Power and Lighting Company Limited [2016] KEELRC 633 (KLR)
✦ The Court finds the execution unlawful and unreasonable, directing the Claimant to pay the Auctioneer's charges.
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Kenya Union of Domestic, Hotels, Education Institutions, Hospitals and Allied Workers (Kudheiha) v Board of Governors, Moi Girls High School, Nairobi [2016] KEELRC 602 (KLR)
✦ The court finds that the claimant union has recruited 63 employees who at the time constituted a simple majority of all unionsable employees of the respondent. The respondent is therefore obliged to remit all union dues already deducted and to sign a recognition agreement with the union.
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Migotiyo Plantation Limited v Kenya Plantation & Agricultural Workers Union [2016] KEELRC 685 (KLR)
✦ The Memorandum of Claim filed by the employer was dismissed with no order as to costs due to the ongoing social partnership between the parties.
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Joyce Nyambura Wainaina & another v Naivas Limited [2016] KEELRC 617 (KLR)
✦ The court dismissed the claimant's claims and ordered the dismissal of the suit with costs.
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Charles Kinyua v Meru Central Dairy Co-operative Union Limited [2016] KEELRC 632 (KLR)
✦ The court finds that the termination on account of redundancy was justified as all positions of watchman had been abolished following the outsourcing of the security services.
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Fredrick Njeru Kamunde v Tharaka Nithi County Government & another [2016] KEELRC 697 (KLR)
✦ The court declared that the respondents have contravened the petitioner’s rights under Articles 47 of the Constitution, and the purported reshuffle is null and void.
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Nyangenya Hezron Nyakeremba, Situma Elvin & Ontiri James v Xfor Security Solutions (Cause 44 of 2015) [2016] KEELRC 573 (KLR) (23 September 2016) (Award)
✦ Termination was unfair, and the respondent is ordered to pay compensation and benefits to the claimants.
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Mary Achieng Ouma & another v Salihihiya Company Ltd [2016] KEELRC 701 (KLR)
✦ The Court finds that the respondent did not terminate the claimants' employment without just cause and awards them one month's pay in lieu of notice and three months salary on account of unfair termination of employment.
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Aggrey Lukorito Wasike v Kenya Power And Lighting Company Limited [2016] KEELRC 386 (KLR)
✦ The court finds for the claimant and dismisses the respondent's application for a stay of the reinstatement order.
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Patricia Chepkirui Lasoi v Bomet County Government & 2 others [2016] KEELRC 714 (KLR)
✦ The removal from office of the Petitioner was unconstitutional and unfair.
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Daniel Waweru Kinyua v Nairobi City Water & Sewerage Company Limited (Cause 1959 of 2011) [2016] KEELRC 644 (KLR) (Employment and Labour) (23 September 2016) (Judgment)
✦ The Court finds the claim without merit and dismisses it with costs.
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Benard Alumasa Makolo v Radar Security Limited (Cause 1763 of 2013) [2016] KEELRC 673 (KLR) (Employment and Labour) (23 September 2016) (Ruling)
✦ The Respondent's application is dismissed with costs to the Claimant
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Rhoda Njeri Kiguru & 3 others v Kiambaa Dairy Farmers Co-operative Society Limited [2016] KEELRC 687 (KLR)
✦ The dismissal was unfair and the claimants are entitled to 12 months' gross salaries and 15 days' pay during suspension.
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Cecilia Wangechi Ndung’u v County Government of Nyeri & another [2016] KEELRC 688 (KLR)
✦ Judgment is entered for the claimant for Kshs.4,451,052.20 and costs of the suit.
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Kenya Council of Employment and Migration Agencies v Kenya Literature Bureau & 3 others [2016] KEELRC 636 (KLR)
✦ The Court vacates the injunction orders and allows the Petition to proceed to trial on merit.
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Josephine Ngatia v Executive Director of Non-Governmental Organizations Coordination Board & another [2016] KEELRC 618 (KLR)
✦ The court grants the application and orders that the respondents are enjoined from transferring the applicant to Garissa pending the hearing and determination of the petition.
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Marion Mwangi v Magnet Ventures Limited [2016] KEELRC 27 (KLR)
✦ There exists a valid employment contract between the parties that has not been terminated. The Claimant's employment was subject to confirmation upon completion of the probation period, which lapsed on 10th October 2014.
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Praxides Akoth Oduor v Liberty Eagle Liomited & another [2016] KEELRC 48 (KLR)
✦ The 2nd Respondent should not be struck out from the proceedings and the suit against them should not be dismissed.
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John Lewis Ndombi v County Government of Transnzoia & 2 Others [2016] KEELRC 430 (KLR)
✦ The court held that the court has jurisdiction to determine issues of employment of County Executive Members and that the petitioner is entitled to the orders sought.
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Rose Mueni Munguti v Kenya Railways Corporation [2016] KEELRC 660 (KLR)
✦ Claimant is entitled to payment of all withheld salaries since March 2006 to the day of the notification of the redundancy on 7.10.2013.
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Kelvin Mugalla Osomo v Farm Parts Limited [2016] KEELRC 718 (KLR)
✦ The Court finds the termination of the Claimant's employment was unfair and awards him 1 month pay in lieu of notice, accrued leave, and compensation.
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Bonventure Kioko Mutuku v Attorney General & British Council, Kenya (Petition 64 of 2015) [2016] KEELRC 61 (KLR) (Employment and Labour) (19 September 2016) (Ruling)
✦ The Court finds substantial questions raised and directs the petition to be transmitted to the Hon. the Chief Justice to empanel a bench of uneven number of Judges of this Court of not less than three.
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Anthony Omari Ongera v Chairperson Teachers Service Commission [2016] KEELRC 9 (KLR)
✦ The court finds that the amendments were not properly allowed and that the court's orders were not formalized. The claimant is ordered to abide by the orders and directions issued on February 16, 2016, and the records filed after that date are expunged. The claimant shall meet costs of the respondent.
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Rutto Kapto Hillary v The Officer In Charge Naivasha Main Prison & 2 others [2016] KEELRC 703 (KLR)
✦ The Court dismisses the Petitioner's motion for conservatory orders and orders the Petition to be determined immediately.
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Bramwel Lennox Endovo v Nu-Plan Engineering & Design Limited [2016] KEELRC 645 (KLR)
✦ The termination of the Claimant was unfair and unjustified due to lack of valid reason and due process.