Kenyan case law
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Bisansio Opolo Ekodoi & another (suing as administrator and legal representative of the Estate of the Late Vitalis Ebukoro Etykoro) v Wells Fargo Limited & another [2017] KEELRC 680 (KLR)
✦ The application is dismissed with costs to be borne by the interested party.
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Abdalla A Miraji v Coast Water Services Boarf & another Ex parte Republic & another [2017] KEELRC 667 (KLR)
✦ The court has jurisdiction to entertain the petition and the suit as the dispute relates to employment and labour relations.
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David Wafula Munyasia v Forum SYD [2017] KEELRC 684 (KLR)
✦ The termination of the Claimant’s employment was on account of redundancy and was lawful and fair.
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Mtende Mkala v Couty Government of Taita-Taveta & another [2017] KEELRC 672 (KLR)
✦ The application for review is dismissed as it has not met the threshold for grant of review.
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Lenpike Mutunga Kioko v Principal Secretary Ministry of Health & 2 others [2017] KEELRC 520 (KLR)
✦ The objection is found without merit and is hereby dismissed with costs.
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Keneth Ombalo Omondi & 3 others v Sandy Carriers Ltd [2017] KEELRC 659 (KLR)
✦ The termination was procedurally unfair and substantively unfair, and the claimants are awarded compensation and other benefits.
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David Kelly Mutambu v Kenya Vehicle Manufacturers Limited [2017] KEELRC 710 (KLR)
✦ The court finds that the termination of the claimant's employment was unfair and the claimant is entitled to 12 months' salaries, one month's pay in lieu of notice, 11 months' annual leave pay, and costs of the suit.
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Phyllis Njeri Kamau & 2 others v Mumias Sugar Company Limited [2017] KEELRC 82 (KLR)
✦ The court finds the redundancy declaration illegal and unfair, and orders the reinstatement of the Claimants.
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Benjamin Otieno Nyaboro v Kenya Railways Corporation Ltd [2017] KEELRC 5 (KLR)
✦ The claim is statute-barred due to the limitation period under Section 4(1) of the Limitation of Actions Act Cap 22, Laws of Kenya.
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Julius Wanyoike Mburu v Nyala Estate Limite [2017] KEELRC 543 (KLR)
✦ The termination was unfair in terms of reason and procedure. The court awards the claimant compensation for one month's salary, service pay, and six months' salary as compensation for unfair termination.
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Edward Awiti v Elimu Sacco Society Limited [2017] KEELRC 369 (KLR)
✦ The application for contempt is dismissed. The main claim is set down for hearing.
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Dick W Waswa v Buffalo Bicycle Kenya Limited [2017] KEELRC 329 (KLR)
✦ Claimant's employment is protected under section 37 of the Employment Act, 2007, and he cannot be declared redundant. The respondent must issue proper redundancy notices and cannot terminate the fixed-term contract.
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Abdalla Kusimba Makokha v Prime Steel Mills Limited [2017] KEELRC 1993 (KLR)
✦ The court awards notice pay, annual leave pay, and compensation for unfair termination.
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Kevin Isika Mule v HFC Limited [2017] KEELRC 442 (KLR)
✦ The court granted the super injunction to restrain the publication of confidential information and protect the privacy of the respondent's customers, directors, employees, and shareholders.
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Kenya Union of Commercial, Food and Allied Workers v Eastleigh Mattresses Limited (Eastmatt) [2017] KEELRC 368 (KLR)
✦ The court found that the respondent failed to allow the County Labour Officer access to the enterprise to verify the number of unionisable employees and the unionised employees.
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Javan Omulama Kature v Managing Director Pemwe Security Services [2017] KEELRC 356 (KLR)
✦ The claimant's employment was terminated due to his refusal to attend work as directed, constituting gross misconduct. The claims for notice pay, salary, underpayments, service pay, annual leave, overtime hours, work on public holidays, and compensation are dismissed.
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Dennis Mokomba Nyangacha v Riley Services Limited [2017] KEELRC 17 (KLR)
✦ The court dismissed the claimant's request for service charges, house allowance, and travel allowance, but awarded leave allowance.
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Narry Philemons Onaya-Odeck v Technical University of Kenya [Formerly, the Kenya Polytechnic University College) [2017] KEELRC 435 (KLR)
✦ The court held that the claimant was not terminated during probation and that there was no implied confirmation of his employment. The court also ruled on the remedies available.
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Charles Mumo Nyumu v Bollore Africa Transport & Logistics Kenya Limited [2017] KEELRC 376 (KLR)
✦ The termination of the claimant's employment was fair and justified under the Employment Act, 2007, due to gross misconduct.
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Josphat Kyalo Ngumbi v Security Guards Services Limited [2017] KEELRC 389 (KLR)
✦ The dismissal was unfair as the claimant was not provided with a cell phone as required for his duties.
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Moses Ojani Khasaya v Wasso Security Company Limited [2017] KEELRC 394 (KLR)
✦ The claimant was unfairly terminated without adherence to fair procedure and was awarded one month's salary in lieu of notice and other benefits.
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Martin Ireri Ndwiga v Olerai Management Company [2017] KEELRC 424 (KLR)
✦ The Employment Act, 2007 requires that every employee be issued with a written contract of service stating the terms and conditions of such employment. The respondent failed to issue a written contract and reasons for termination.
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Mohamed & Samnakay v Chopstix Limited [2017] KEELRC 2010 (KLR)
✦ The application is allowed with costs, and judgement is entered for the sum of Kshs.299,857.00 to be paid with interest from 7th August, 2015 and costs herein.
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Charles Ondieki Matogo v Bizone Printing & Packaging Limited [2017] [2017] KEELRC 686 (KLR)
✦ The dismissal is found to be wrongful, and the Claimant is awarded severance pay, 15 days salary for each year worked, and house allowance.
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Kenya Hotels & Allied Workers Union (KHAU) v Kenya Association of Hotel Keepers & Caterers [2017] KEELRC 715 (KLR)
✦ The court dismissed the suit, finding that KHAU has not fulfilled the requirement of recruiting a simple majority of all unionsable employees to terminate the existing Recognition Agreement and Collective Agreement.