Kenyan case law
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Kema Investment Limited v Oricho (Appeal E176 of 2023) [2023] KEELRC 3106 (KLR) (23 November 2023) (Ruling)
✦ The application for a stay of execution pending appeal is dismissed with costs.
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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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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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Rono v Delish Nail & Beauty Ltd (Cause E038 of 2023) [2023] KEELRC 2996 (KLR) (23 November 2023) (Ruling)
✦ The application is dismissed as the respondent has not shown that it tried the alternative methods of dispute resolution prior to terminating the claimant's contract.
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Musiomi v Regency Sacco Society Limited (Cause 1256 of 2016) [2023] KEELRC 3415 (KLR) (23 November 2023) (Judgment)
✦ The Court found that the Claimant was constructively dismissed and ordered the Respondent to pay her salary arrears and compensation.
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David v Kenya Suitcase Manufacturers Ltd (Miscellaneous Case E013 of 2023) [2023] KEELRC 3114 (KLR) (23 November 2023) (Ruling)
✦ The Court allowed the application and adopted the Director's assessment, awarding the applicant KSh. 996,001.44 with interest and costs.
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Kimonye v Kenya Meat Commission; Co-operative Bank Ltd (Athi River) (Garnishee) (Cause 465 of 2017) [2023] KEELRC 2994 (KLR) (23 November 2023) (Ruling)
✦ The court grants the Ex parte Notice of Motion and orders the Garnishee to appear and show cause.
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Kenya Union Of Commercial Food & Allied Workers (KUCFAW) v Kenya National Library Service (Cause 1438 of 2018) [2023] KEELRC 3434 (KLR) (22 November 2023) (Judgment)
✦ The Court declares the Respondent's failure to adjust employees' wages to be in conformity with the Regulation of Wages (General)(Amendment) Order 2017 illegal, and the failure to pay hardship and medical allowances as detailed in the parties' CBA unlawful. The Court orders the Respondent to adjust the employees' basic wages to be in conformity with the Regulation of Wages (General)(Amendment) Order 2017 and pay the resultant arrears from May 1, 2017. The Claimant will be entitled to costs of the suit.
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Karambu v Chandaria Industries Ltd (Cause E094 of 2021) [2023] KEELRC 3000 (KLR) (22 November 2023) (Judgment)
✦ The court found that the termination was unfair due to procedural violations and lack of evidence supporting the claimant's misconduct.
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Ogutu v Abyssinia Iron and Steel Ltd (Cause 66 of 2018) [2023] KEELRC 2989 (KLR) (22 November 2023) (Judgment)
✦ The Court found that the Respondent did not terminate the Claimant's employment unfairly and that the Claimant did not prove underpayment of wages.
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Odiwuor v Universities Academic Staff Union & 4 others; Otieno & another (Interested Parties) (Cause E015 of 2023) [2023] KEELRC 2975 (KLR) (22 November 2023) (Judgment)
✦ The Court finds no merit in the Cause and dismisses it with costs.
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Sang v Majjid Al Tuttaim (Cause E059 of 2021) [2023] KEELRC 3119 (KLR) (22 November 2023) (Judgment)
✦ The termination of employment was lawful.
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Seth v Sunflag Textile & Knitwear Mills Ltd & 2 others (Cause E035 of 2022) [2023] KEELRC 3126 (KLR) (22 November 2023) (Judgment)
✦ No termination of employment by Respondent, claimant is not entitled to relief sought
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Osano v Registrar Nursing Council of Kenya & another (Petition 86 of 2015) [2023] KEELRC 3446 (KLR) (22 November 2023) (Ruling)
✦ The Petitioner's suit should not be dismissed for want of prosecution.
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Republic v Maurice Otunga, County Executive Committee Member, Finance & another; Nyamori (Exparte Applicant) (Judicial Review Application E022 of 2023) [2023] KEELRC 2976 (KLR) (22 November 2023) (Judgment)
✦ The Court declines the Motion and strikes it out with costs to the Respondents
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Kamende v Nila Pharmaceuticals Limited (Cause 364 of 2018) [2023] KEELRC 3131 (KLR) (22 November 2023) (Judgment)
✦ The Court finds no case of termination of employment and dismisses the claim with costs.
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Kenya Building Construction Timber Furniture Industries Employees Union v Radheshyam Ltd (Cause E888 of 2021) [2023] KEELRC 3116 (KLR) (22 November 2023) (Judgment)
✦ The court finds a case of lawful termination of employment and dismisses the claim with orders that each party bears their costs.
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Nderitu & 94 others v Flower City (K) Limited (Cause E6499 of 2020) [2023] KEELRC 2998 (KLR) (22 November 2023) (Judgment)
✦ The court dismissed the suit, finding that the Claimants did not have a competent suit and that their employment was not unfairly terminated.
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Moseti v University of Nairobi (Appeal E014 of 2021) [2023] KEELRC 3023 (KLR) (22 November 2023) (Ruling)
✦ The court upheld the previous judgment awarding gratuity at 31% of the basic salary for the periods specified, and ordered the Respondent to pay interest from February 1, 2023, till full payment.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Kisii University Council (Cause 2 of 2023) [2023] KEELRC 2990 (KLR) (22 November 2023) (Ruling)
✦ The Court declines to issue an order staying the proceedings. The application is dismissed with costs.
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Makworo & another v Academy & another (Cause 332 of 2023) [2023] KEELRC 3137 (KLR) (22 November 2023) (Judgment)
✦ The termination of employment was lawful and the Claimant is not entitled to the relief sought
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Mito v Kisumu National Polytechnic (Cause 171 of 2018) [2023] KEELRC 2974 (KLR) (22 November 2023) (Judgment)
✦ The Court finds that the termination was unfair due to lack of procedural fairness and absence of valid or fair reasons.
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Masila v Athi Water Works Development Agency & another (Cause E576 of 2020) [2023] KEELRC 3124 (KLR) (22 November 2023) (Ruling)
✦ The application is dismissed with costs.
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Onduso v Tata Chemicals Magadi Limited (Cause 597 of 2021) [2023] KEELRC 3117 (KLR) (22 November 2023) (Judgment)
✦ The claimant is not entitled to the relief sought and the claim is dismissed with each party bearing their costs.
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Mutuku v Fly Air Limited (Cause 1525 of 2018) [2023] KEELRC 3128 (KLR) (22 November 2023) (Judgment)
✦ The claimant is not entitled to relief sought.