Kenyan case law
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Kisegei v Spike Bank Limited (Employment and Labour Relations Cause 1786 of 2016) [2024] KEELRC 13192 (KLR) (21 November 2024) (Ruling)
✦ The court reinstates the claimant's suit and orders it to be heard on its merits.
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Karania t/a Kipmatt Limited v Masheti (Appeal E022 of 2022) [2024] KEELRC 13193 (KLR) (21 November 2024) (Judgment)
✦ The appeal is partially successful, with the service pay of Kshs39,018 being set aside. A new decree is issued with the balance due being Kshs316,810.50.
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Marete v Ondieki t/a Moseti & Company Advocates (Cause 873 of 2019) [2024] KEELRC 13299 (KLR) (21 November 2024) (Ruling)
✦ The Court found that the Respondent had unfairly terminated the employment contract of the Claimant and awarded compensation and pay in lieu of notice.
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Nyandiago & 3 others v Sibo Water & Sanitation Company Limited (Cause 57 of 2020) [2024] KEELRC 2856 (KLR) (20 November 2024) (Ruling)
✦ The application is dismissed with no order as to costs as it lacks merit and is unopposed.
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Kenya National Private Security Workers Union v James & another (Miscellaneous Case E070 of 2024) [2024] KEELRC 2862 (KLR) (20 November 2024) (Ruling)
✦ The Court finds that the Applicant has failed to discharge the burden of proof and dismisses the Notice of Motion with no orders as to costs
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Kenya Union of Clinical Officers v Clerk of the County Assembly, County Government of Kisii & 2 others (Petition E028 of 2024) [2024] KEELRC 2854 (KLR) (20 November 2024) (Ruling)
✦ The Petitioner's petition is dismissed in limine as the Respondent has established that public participation took place as required by law.
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Oduor v Ahero Girls Secondary (Appeal E023 of 2024) [2024] KEELRC 2861 (KLR) (20 November 2024) (Judgment)
✦ The appeal is allowed, and the judgment and decree of the Chief Magistrates Court are vacated. The Appellant is declared unfairly and unlawfully dismissed, awarded 12 months salary compensation, and costs of the appeal.
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Mijengo Investments Limited v Oduor (Appeal E041 of 2024) [2024] KEELRC 2850 (KLR) (19 November 2024) (Judgment)
✦ The Appeal is declined. The Trial Court's decision is upheld.
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Aketch v West Kenya Sugar Company Limited (Employment and Labour Relations Cause E021 of 2023) [2024] KEELRC 13191 (KLR) (19 November 2024) (Judgment)
✦ The court found the termination to be procedurally fair but substantively unfair.
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Mbugua v National Cohesion and Integration Commission (Judicial Review Application E003 of 2023) [2024] KEELRC 2853 (KLR) (19 November 2024) (Judgment)
✦ The Court declines the application for judicial review and denies any order on costs.
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Okallo v Kenya Medical Research Institute & another (Cause 558 & 559 of 2019 (Consolidated)) [2024] KEELRC 2849 (KLR) (18 November 2024) (Ruling)
✦ The application to release the pension benefits is dismissed as the Claimant has not accepted the conditional offer to deduct the outstanding rent.
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Kenya Independent Commissions Workers Union v Independent Electoral and Boundaries Commission (Petition 181 of 2020) [2024] KEELRC 2864 (KLR) (18 November 2024) (Judgment)
✦ The Court found that the respondent violated fair labour practices and the right of its employees to be unionized by denying access to the Petitioner for recruitment.
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Muriithi v Maf Carrefour Retail Limited Kenya (Cause E532 of 2022) [2024] KEELRC 2855 (KLR) (18 November 2024) (Ruling)
✦ The court dismisses the claims related to work injuries and unfair termination, referring them to the Director of Occupational Safety and Health. The court retains the claims for constructive dismissal and unlawful termination.
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Mutisya & 3 others v Registrar of Trade Unions (Appeal E273 of 2024) [2024] KEELRC 13182 (KLR) (18 November 2024) (Ruling)
✦ The court ordered the parties to take directions on the appeal hearing and stayed the Registrar's decision.
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Voks Fashions Limited v Baraza (Employment and Labour Relations Appeal E006 of 2024) [2024] KEELRC 2851 (KLR) (18 November 2024) (Ruling)
✦ The Court grants an Order of stay of execution of Judgment and Decree in Milimani CMEL Cause No. 196 of 2022 pending hearing and determination of the appeal, subject to the decretal amount being deposited in Court within 30 days of this Order.
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Musyoki v Lukenya University (Cause E002 of 2023) [2024] KEELRC 2833 (KLR) (15 November 2024) (Judgment)
✦ The court finds that the claimant was in a contract of service and not a consultancy, thus PAYE and not withholding tax is deductible. The total amount owed to the claimant is Kshs. 679,200.00.
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Aga Khan Education Services Kenya v Njenga (Appeal E107 of 2024) [2024] KEELRC 13177 (KLR) (15 November 2024) (Ruling)
✦ The Preliminary Objection is dismissed. The Court upholds the decision to apply in the instant application.
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Maubi v Rural Electrification and Renewable Energy Corporation (Cause E672 of 2022) [2024] KEELRC 2848 (KLR) (15 November 2024) (Judgment)
✦ The Respondent has proved a valid and fair reason to summarily dismiss the Claimant from employment.
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Abinayo v House & Farm Company Limited (Petition E061 of 2024) [2024] KEELRC 2832 (KLR) (15 November 2024) (Judgment)
✦ The Court finds that the respondent violated the petitioner's fundamental rights and orders compensation and injunction.
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Nkosi & another v Salaries and Remuneration Commission & 5 others (Petition E076 of 2024) [2024] KEELRC 2840 (KLR) (15 November 2024) (Judgment)
✦ Petition dismissed with costs, but declaratory orders are granted regarding discrimination and non-compliance with constitutional rights
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Wanyalika v Kenya Pipeline Limited (Cause 88 of 2019) [2024] KEELRC 2823 (KLR) (15 November 2024) (Judgment)
✦ The Court found no unfair constructive termination and dismissed the claimant's request for compensation. The claimant is entitled to 96 outstanding leave days and the withheld half salary. The claim for general damages and 40 months' salary is dismissed.
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Astro Techwell Limited v Masasabi (Appeal 9 of 2023) [2024] KEELRC 2836 (KLR) (15 November 2024) (Judgment)
✦ The appeal is dismissed with costs in favor of the respondent and the Deputy Registrar to return the court file to Machakos registry.
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Waithaka v Golden Africa Kenya Limited (Cause 4 of 2023) [2024] KEELRC 2835 (KLR) (15 November 2024) (Judgment)
✦ The summary dismissal was unfair both procedurally and in substance. The claimant is entitled to compensation and a certificate of service.
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Wambua v Savannah Cement Limited (Cause E4 of 2022) [2024] KEELRC 2825 (KLR) (15 November 2024) (Judgment)
✦ The summary dismissal was not unlawful or unfair, and the claimant is not entitled to the requested remedies.
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Wambua v Letshego Kenya Limited (Cause E397 of 2023) [2024] KEELRC 2844 (KLR) (15 November 2024) (Judgment)
✦ The Court finds that the reason for termination was not valid and fair, and the termination was deemed unfair.