Kenyan case law
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Rucha v Kenya Ports Authority (Cause 88 of 2019) [2022] KEELRC 13069 (KLR) (4 November 2022) (Judgment)
✦ The court dismissed the claims for pension, anticipated promotional benefits, and lost earnings as speculative. The claimant was entitled to a certificate of service.
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Kenya Universities Staff Union- Kenyatta University Branch v Kenyatta University & 2 others (Petition E082 of 2020) [2022] KEELRC 13199 (KLR) (4 November 2022) (Ruling)
✦ The court declines the application for recusal and orders the cost to be paid by the petitioners.
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Commission for Human Rights and Justice (CHRJ) v Kenya Shipyards Limited & 2 others (Petition 3 of 2022) [2022] KEELRC 13097 (KLR) (4 November 2022) (Judgment)
✦ The petition is hereby dismissed with orders each party to bear own costs of the proceedings.
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Opige & 4 others v Bollore Africa Logistics (K) Ltd & another (Cause 965 of 2016) [2022] KEELRC 13067 (KLR) (4 November 2022) (Judgment)
✦ Claimants are awarded 5 months' salaries each in compensation for unfair termination.
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Arvindbhai v Slapper Shoe Industries Ltd (Cause E001 of 2020) [2022] KEELRC 13075 (KLR) (4 November 2022) (Judgment)
✦ The Court finds the termination procedurally unfair and awards the claimant 7 months' salary in compensation, totaling Kshs. 854,000.
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Oronje v Riley Services Limited Security Company (Petition 001 of 2022) [2022] KEELRC 13071 (KLR) (4 November 2022) (Ruling)
✦ The petition is struck out with costs awarded to the respondent.
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West Kenya Sugar Co Ltd v Soita (Employment and Labour Relations Appeal E002 of 2021) [2022] KEELRC 13057 (KLR) (3 November 2022) (Judgment)
✦ The Court is of the considered opinion that the issue for determination is whether the appeal is merited.
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Shidemi v County Government of Migori & another (Appeal E038 of 2021) [2022] KEELRC 13061 (KLR) (3 November 2022) (Judgment)
✦ There was an employment relationship between the Appellant and the Respondents, and the Respondents violated the Employment Act, 2007, by failing to take the Appellant through the disciplinary process as required by law.
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Adhala v Great Lakes University of Kisumu (Cause E057 of 2021) [2022] KEELRC 13054 (KLR) (3 November 2022) (Judgment)
✦ The court found that the Claimant was an employee of the Respondent and that he was constructively dismissed.
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Mwangi v Endmor Steel Milliers Limited (Cause 1601 of 2017) [2022] KEELRC 13152 (KLR) (3 November 2022) (Judgment)
✦ The court finds claimant was unlawfully terminated and awards damages and other remedies.
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Kennedy v Teachers Service Commission (Petition 94 of 2019) [2022] KEELRC 13049 (KLR) (3 November 2022) (Ruling)
✦ The petitioner's petition dated May 31, 2019 is struck out.
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Lichuma v Kiambaa Tea Factory Company Limited & another (Cause E471 of 2022) [2022] KEELRC 13053 (KLR) (3 November 2022) (Ruling)
✦ The Court has no jurisdiction to extend time in favour of the applicant and dismisses the application with no order for costs.
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Kyalo v Central Farmers Garage Limited (Cause 1068 of 2016) [2022] KEELRC 13108 (KLR) (3 November 2022) (Judgment)
✦ The court finds that the termination of the claimant's employment by the respondent was unfair.
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Nyambu v Consolbase Limited (Cause 62 of 2019) [2022] KEELRC 13091 (KLR) (3 November 2022) (Ruling)
✦ The Court granted the Respondent's application for additional documents and re-opening of the case for cross-examination.
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Nyongesa v Masinde Muliro University of Science and Technology & another (Employment and Labour Relations Cause E023 of 2022) [2022] KEELRC 13092 (KLR) (3 November 2022) (Ruling)
✦ The court will proceed to consider the above issues identified by the applicant in its ruling.
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Nanjira v Masai (K) Limited (Cause 094 of 2022) [2022] KEELRC 13153 (KLR) (3 November 2022) (Ruling)
✦ The Court orders the transfer of the case to the Chief Magistrate's Court Milimani.
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Kenya Engineering Workers Union v Ms Abyssinia Iron & Steel Limited (Citation Cause 13 of 2022) [2022] KEELRC 13145 (KLR) (3 November 2022) (Ruling)
✦ The Court ordered the Respondent to comply with Section 48 of the Labour Relations Act by deducting and remitting union dues with immediate effect.
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Kayugira v Vihiga County Public Service Board & another (Employment and Labour Relations Cause 95 of 2021) [2022] KEELRC 13093 (KLR) (3 November 2022) (Ruling)
✦ The court finds the respondent's preliminary objection valid and strikes out the claim, as the claim falls under the jurisdiction of the Public Service Commission.
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Wairimu v Eastern Produce (K) Limited (Siret Estate) (Cause 206 of 2017) [2022] KEELRC 13055 (KLR) (3 November 2022) (Judgment)
✦ The court found that the termination was unfair, unprocedural, and unlawful.
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Ochieng v Karsan Ramji & Sons Limited (Cause E028 of 2021) [2022] KEELRC 13062 (KLR) (3 November 2022) (Judgment)
✦ The termination was not fair as the respondent did not adhere to the rules of natural justice and did not provide justifiable reasons for the termination.
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Mwangi v African Wildlife Foundation (Cause 1295 of 2016) [2022] KEELRC 13070 (KLR) (3 November 2022) (Judgment)
✦ The court finds that the claimant has failed to demonstrate that the non-renewal of her contract of employment after January 31, 2015 amounted to an unfair termination of employment.
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Owuor v Excel Packaging Ltd (Cause 1091 of 2016) [2022] KEELRC 13392 (KLR) (3 November 2022) (Judgment)
✦ The Court found that the Respondent did not produce sufficient evidence to establish both substantial justification and procedural fairness, and thus the Claimant's employment was declared unfair.
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Fwamba & 2 others v Bungoma County Assembly Service Board & 6 others (Petition E006 of 2021) [2022] KEELRC 14693 (KLR) (3 November 2022) (Ruling)
✦ The Court dismissed the Petitioners' challenge, finding that the Petitioners have not exhausted the appeal provisions and that the court lacks jurisdiction.
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Ruriga v Hilton Hotel Nairobi (Cause 1024 of 2015) [2022] KEELRC 13150 (KLR) (3 November 2022) (Ruling)
✦ The application is dismissed with costs
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Mwangi & 20 others v Barclays Bank of Kenya Limited & another (Petition 25 of 2016) [2022] KEELRC 13099 (KLR) (3 November 2022) (Ruling)
✦ The decision of the Taxing Master is set aside, and the Bill of Costs is remitted to a different Deputy Registrar for re-taxation.