Kenyan case law
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Daniel Musyoki Laban v Jennifer Njoki Kairu & another [2021] KEELRC 503 (KLR)
✦ The suit is defective and the preliminary objection is upheld. The suit will be struck out.
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Rose Nyambura Chege & 4 others v Teachers Service Commission & 2 others [2021] KEELRC 527 (KLR)
✦ The court finds the consent order valid and binds the parties. The court declines the application to set aside the consent order.
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Ahmed v Panyako, General Secretary Kenya National Union of Nurses & 2 others (Petition E044 of 2021) [2021] KEELRC 509 (KLR) (9 November 2021) (Ruling)
✦ Petition is struck out with no order on costs
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Robert Muturi Marungo v Board of Governors, Gatero Girls High School & another [2021] KEELRC 506 (KLR)
✦ The dismissal was unfair as the employer failed to provide a fair procedure and prove the reason for termination.
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Dennis Anyoka Moturi and Co Advocates v Gardaworld Security Services [2021] KEELRC 524 (KLR)
✦ The application is granted and the bill of costs dated 1st July 2021 is hereby struck out with costs to Gardaworld (K) Limited.
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Macharia v Council of Governors & 48 others; Local Authorities Provident Fund (lapfund) & another (Interested Parties) (Petition E047 of 2021) [2021] KEELRC 2308 (KLR) (8 November 2021) (Ruling)
✦ The application and petition are stayed pending the determination of the Petitions and causes before the Principal Judge.
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Enos Ireri v David Tours & Car Hire Limited [2021] KEELRC 515 (KLR)
✦ The application for review is dismissed with costs.
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Jackson Mugolio Musunji & 3 others v Dambusters East Africa Limited [2021] KEELRC 544 (KLR)
✦ The application is dismissed with costs to the Claimants
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Josia Obiko Ombogo v Nide Services Limited [2021] KEELRC 552 (KLR)
✦ The matter should not be dismissed for want of prosecution and should be mentioned for hearing on December 20, 2021.
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Daniel Ochieku Achochi v Dynaplast Limited [2021] KEELRC 551 (KLR)
✦ The termination of the Claimant’s employment was both procedurally and substantively unfair.
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Kudheiha Workers v Principal, Makueni County Technical Training Institute [2021] KEELRC 540 (KLR)
✦ The claim is dismissed as the Claimant failed to prove the existence of an employer-employee relationship between the grievant Dorothy Martin and the Respondent.
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Morris Kitheka Wilson & 2 others v SGS Kenya Limited [2021] KEELRC 553 (KLR)
✦ The contracts of service were deemed to be ending due to redundancy. Each claimant is awarded 6 months' compensation, one month's pay in lieu of notice, and severance pay. Annual leave is awarded for the last year served, and NSSF refunds are declined.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v M/S. Nassor Mbaruk [2021] KEELRC 574 (KLR)
✦ The termination was unlawful due to the claimant's reasonable grievance about outstanding wages. The claimant is awarded 12 months' salaries and notice pay.
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Kenya Engineering Workers Union v Orbit Engineering Limited [2021] KEELRC 545 (KLR)
✦ The prayer for payment of union dues and agency fees is dismissed as the Claimant has not proved that it submitted names of its members prior to November 2019 to the Respondent.
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Kenya Union of Domestic, Hotels Educational Institutions and Hospital Workers v Hajji Garad Issa [2021] KEELRC 547 (KLR)
✦ The suit is dismissed as the claimant failed to establish the justification for the remedies claimed.
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Joseph Gachoka v Kisiwa Guest House Lodge Limited [2021] KEELRC 560 (KLR)
✦ The ex-parte judgment is set aside, and the matter is heard on merit. The judgment on merits is reinstated, and the respondent is ordered to pay compensation and costs.
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Nason Nyamasyo Kieti & another v Benson Mutie Maithya t/a Tornson Agencies [2021] KEELRC 565 (KLR)
✦ The termination was procedurally unfair, and the claims for unfair termination, compensation, and notice pay are dismissed.
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Emilly Kerubo Omwanza v Radar Security Limited [2021] KEELRC 563 (KLR)
✦ The Court finds that the claimant extended her one day off to four days without permission and failed to attend the refresher training imposed during the suspension period, contributing to her predicament.
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Sammy Mwendwa Musyoka v Simba Coach Limited [2021] KEELRC 569 (KLR)
✦ The Court finds that the dismissal was unfair procedurally due to the lack of a show cause notice and disciplinary hearing, but the claimant contributed to his predicament and is undeserving of compensation. The claimant is declared to have been unfairly dismissed for want of a notice and hearing under section 41 of the Employment Act, 2007. Each party will bear their own costs.
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Mohammed Ali Iddow v Highland Resources Limited [2021] KEELRC 575 (KLR)
✦ The court found that the respondent had justifiable cause to terminate the claimant's services due to his refusal to report back to work after being discharged from hospital. The claimant was not accorded procedural fairness prior to termination.
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Mohammed Noor v Red Court Hotel Ltd t/a Boma Hotels [2021] KEELRC 554 (KLR)
✦ Application to change Advocates and set aside judgment denied
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Abdulkarim Ali Mohamed v Coast Mail Company Limited & another [2021] KEELRC 543 (KLR)
✦ The proclamation on KBK 062J is lifted, while the proclamation on KBE 888P and other items is sustained.
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Lennox Katana Masudi v Emrald Hotels Resorts & Lodges & Emrald Flamingo Beach Resort & SPA [2021] KEELRC 567 (KLR)
✦ The Court finds that the respondent did not breach the contract of service by stopping the claimant's salary from January 2016. The claimant's failure to communicate his progress and provide a certificate of incapacity to work led to the respondent's inability to offer early retirement. The claimant was not constructively dismissed, and the claim for service pay and compensation is dismissed.
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Cevine Otieno Owino v Coast Bus (MSA) Limited [2021] KEELRC 570 (KLR)
✦ The execution of the decree and the attachment of the Respondent's motor vehicle registration number were lawful.
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Clement Bulale Etale v Registrar of Trade Union; Zablon Awange Oliech the Executive Secretary Kuppet Kisumu County (Interested Party) [2021] KEELRC 581 (KLR)
✦ The application is dismissed as the nominations subject of the application took place on the 11th of September, 2021, overtaking the applicant's prayers.