Kenyan case law
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Okanga v Mombasa Island Cargo Terminal (Cause 10 of 2019) [2023] KEELRC 3150 (KLR) (23 November 2023) (Ruling)
✦ The Court grants the stay of execution of the judgment pending the appeal.
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Molonket v East African Portland Cement Company (Cause 198 of 2019) [2023] KEELRC 3439 (KLR) (23 November 2023) (Ruling)
✦ The stay of execution is granted on condition that the sum of Kshs. 15,165,782/- is deposited in an interest earning account in the joint names of the advocates of the parties before the judge.
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Mbithi v Mbilika & 3 others (Sued as the Committee Members of District Church Council Committee (AIC Muumandu DCC)) (Cause E114 of 2021) [2023] KEELRC 3001 (KLR) (23 November 2023) (Judgment)
✦ The Court finds that the Claimant was not constructively dismissed and absconded duty, and thus, is not entitled to the reliefs sought.
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Muriu v Family Bank Limited (Cause 326 of 2018) [2023] KEELRC 3286 (KLR) (23 November 2023) (Judgment)
✦ The Court held that the termination was unlawful and unfair, and the Claimant should be awarded damages as sought.
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Ncharo v The County Assembly of Kajiado & 3 others (Petition E056 of 2023) [2023] KEELRC 3050 (KLR) (23 November 2023) (Ruling)
✦ The court declared the removal process unconstitutional and illegal, and issued a permanent injunction to prevent the implementation of the removal resolution.
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Nyawa v Njuca Consolidated Limited (Cause 399 of 2018) [2023] KEELRC 3015 (KLR) (23 November 2023) (Judgment)
✦ Termination of the Claimant’s employment was unfair, and he is awarded compensation for unfair termination of employment, payment in lieu of notice, and unpaid leave.
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Patel v Max Cure Hospitals Limited (Cause E047 of 2022) [2023] KEELRC 3002 (KLR) (23 November 2023) (Judgment)
✦ The termination was fair and procedurally compliant.
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Fibre Link t/a Fibre Link Ltd v Okumbe (Appeal E034 of 2023) [2023] KEELRC 3016 (KLR) (23 November 2023) (Ruling)
✦ The Notice of Motion dated April 14, 2023 is incompetent and is hereby dismissed with costs.
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Obonyo v Great Lakes University of Kisumu (Cause 376 of 2017) [2023] KEELRC 2995 (KLR) (23 November 2023) (Ruling)
✦ The Court grants the orders sought by the Respondent/Applicant, including settlement of the decree in monthly instalments, setting aside warrants of attachment and sale, and releasing the motor vehicle registration number.
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Momanyi v Primarosa Flowers Limited (Cause 852 of 2019) [2023] KEELRC 3003 (KLR) (23 November 2023) (Ruling)
✦ The Respondent has not provided sufficient cause, and the motion is denied.
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Haroon v Kashali (Appeal E006 of 2023) [2023] KEELRC 3451 (KLR) (23 November 2023) (Judgment)
✦ The appeal is allowed, and the respondent is awarded Kshs. 16,000 for annual leave pay. The judgment in Mombasa CMELRC Cause No. 210 of 2020 is set aside.
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Muravvej Holdings Limited v Mwadzoya (Appeal E108 of 2023) [2023] KEELRC 3464 (KLR) (23 November 2023) (Ruling)
✦ The appeal is struck out as invalid and each party is to bear their own costs.
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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.
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Abunda v Brandworld Communications Limited (Cause E897 of 2022) [2023] KEELRC 3004 (KLR) (23 November 2023) (Ruling)
✦ The court denies the Claimant's requests for attachment before judgment and lifting of the corporate veil. The Claimant is allowed to amend his Statement of Claim.
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Pongwe v Mohammed & another (Appeal E006 of 2020) [2023] KEELRC 3105 (KLR) (23 November 2023) (Judgment)
✦ The appeal is allowed, and the trial court's judgment is set aside. The Appellant's suit shall be determined on merit by a magistrate at Kwale Principal Magistrate's Court other than Patrick Wambugu Mwangi – Principal Magistrate.
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Trenk & 2 others v Cricket Kenya (Cause E376 of 2023) [2023] KEELRC 3026 (KLR) (23 November 2023) (Ruling)
✦ The court dismissed the application with costs.
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Bosire v Telkom Kenya Limited & another (Cause E016 of 2023) [2023] KEELRC 2993 (KLR) (23 November 2023) (Ruling)
✦ The Court has no jurisdiction to entertain a suit between the 1st Respondent and the Claimant as there is no employer-employee relationship between them.
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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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Kirimi v Commissioner General, Kenya Revenue Authority (Employment and Labour Relations Cause E237 of 2016) [2023] KEELRC 3041 (KLR) (23 November 2023) (Ruling)
✦ The court directs the parties to deal with the main suit as per the memorandum of claim dated 22nd February 2016, allowing them to negotiate out of court for any outstanding issues.
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P.J. Dave Flowers Limited v Barasa (Appeal 25 of 2018) [2023] KEELRC 3320 (KLR) (23 November 2023) (Judgment)
✦ The Court found that the trial court did not err in law and fact in awarding general damages of Kshs. 200,000/-, but did not consider the Appellant's submissions.
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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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Kamidi v DHL Worldwide Express (K) Ltd (Cause 52 of 2019) [2023] KEELRC 3436 (KLR) (23 November 2023) (Judgment)
✦ The dismissal was unfair and the Claimant was entitled to one month's notice and six months' salary as compensation.
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Mnoi v Hakika Transport Services Limited (Cause 916 of 2015) [2023] KEELRC 3450 (KLR) (23 November 2023) (Judgment)
✦ The claimant's employment was terminated unfairly due to his refusal to report for transfer and his subsequent absenteeism.
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Jaji v Kenya Ports Authority (Petition E009 of 2023) [2023] KEELRC 3028 (KLR) (23 November 2023) (Judgment)
✦ Petitioner's petition is dismissed as he failed to demonstrate violation of his constitutional rights.
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Kimonye v Kenya Meat Commission; Co-operative Bank Ltd (Athi River) (Garnishee) (Cause 465 of 2017) [2023] KEELRC 3024 (KLR) (23 November 2023) (Ruling)
✦ The reference application is not merited.