Kenyan case law
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Wanjiku v Vanela House of Coffees (Cause 454(N) of 2009) [2018] KEELRC 663 (KLR) (9 November 2018) (Judgment)
✦ The claimant's case fails in its entirety, and the prayers are dismissed.
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Patrick Ambura Angweye v Kel Chemicals Limited [2018] KEELRC 679 (KLR)
✦ The Court allows the application for review and sets aside the judgment, decree, and consequential processes. The applicant is ordered to pay the claimant's costs of the suit and application.
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Kenya Nut Company Limited v Justine Musyoka Nkabi [2018] KEELRC 642 (KLR)
✦ The appeal is dismissed for want of prosecution.
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Charles Gacheche Gicheru v SBI International Holdings AG (Kenya) [2018] KEELRC 655 (KLR)
✦ The court has jurisdiction and finds the claimant suffered injuries due to the respondent's negligence. The court awards compensation and general damages.
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Reynolds Construction Company Limited v Robert Matano Kamwara [2018] KEELRC 572 (KLR)
✦ The learned Magistrate erred in law and in fact in several respects, including failing to consider the constitutional requirement of Article 159 of the Constitution and the mandatory insurance for all employers.
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Nickson Marita v Thika Coffee Mills Limited [2018] KEELRC 635 (KLR)
✦ The respondent had by his conduct terminated the claimant’s employment contract and the claimant was right in considering that he had been constructively terminated. The constructive termination of the claimant contract of service by the respondent was unfair.
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Mary Mwinji v Policy Institute [2018] KEELRC 641 (KLR)
✦ The dismissal was procedurally fair but substantively unfair, and the Court awards compensation and other remedies.
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Douglas Wachira Mugambi v Attorney General [2018] KEELRC 683 (KLR)
✦ The court holds that it has no authority or jurisdiction to entertain the suit due to the limitation period and strikes out the cause with no order as to costs.
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Anderson Makaya v Premier Industries Limited [2018] KEELRC 676 (KLR)
✦ The application of 2 July 2018 is dismissed with costs to the Respondent.
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Cornel Mabatsi & 389 others v Registrar of Trade Unions & another; Kenya County Government Workers Union (Interested Party) [2018] KEELRC 52 (KLR)
✦ The Special National Delegates Conference held on 6th July, 2018 is found invalid. The resulting appeal therefrom is without a valid foundation.
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David Mwangi Gioko & 43 others v Nairobi City Water & Sewerage Co. Ltd [2018] KEELRC 537 (KLR)
✦ The Court orders the Application dated 2nd March 2018, filed by the Claimants on 5th March 2018, to be rejected.
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Paul Kiriinya v Delfina Kathiri [2018] KEELRC 658 (KLR)
✦ The court allows the application for case to start afresh, noting the plaintiff's lengthy testimony and the emotional nature of the case involving a mother and son.
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Bomu Riwa Bomu v Onally Hassanali Gullamhussein t/a Alifiya Bakers & Confectioners [2018] KEELRC 656 (KLR)
✦ The Claimant's claim for unlawful termination fails and is dismissed. The Claimant is awarded leave pay for 3 years and the Respondent is awarded one month's salary in lieu of notice plus an outstanding loan balance.
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Anthony Munyasya & 5 others v Brinks Security Services Ltd [2018] KEELRC 668 (KLR)
✦ The Claimants' claims for compensation for unfair termination and notice pay fail and are dismissed.
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Bloomingdale Roses (K) Ltd v Gladys Kathure Nteere [2018] KEELRC 538 (KLR)
✦ The appeal is allowed, and the suit before the Chief Magistrate is dismissed. The claimant’s injury claim is to be referred to the Director of Occupational Safety and Health.
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Jones Munene Mputhia v Tharaka Nithi County Government & another [2018] KEELRC 604 (KLR)
✦ Claimant is not entitled to payment of the balance of his contract but is entitled to gratuity and compensation.
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Ephraim Gaitho Githongori v Timaflor Limited [2018] KEELRC 602 (KLR)
✦ The suit is dismissed with costs to the Respondent as the Claimant signed a disclaimer, waiving his rights to further claims.
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John Muthomi Mathiu v Mastermind Tobacco (K) Limited [2018] KEELRC 540 (KLR)
✦ The court finds for the Claimant, awarding salary for August 2014, notice pay, costs, and interest.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers [KUDHEIHA] v Mt. Elgon Hospital & 4 others [2018] KEELRC 667 (KLR)
✦ The Conciliator's findings and recommendations are adopted as the Court's judgment. The National Government will pay terminal benefits, and the County Government will ensure employees are confirmed on permanent and pensionable terms.
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Rebecca Wanjiku Mathenge v Alphine Insurance Brokers Limited [2018] KEELRC 652 (KLR)
✦ The Respondent's application is declined with costs to the Claimant
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Kenya Tertiary & Schools Workers Union (KETASWU) v University Council, University of Nairobi [2018] KEELRC 2553 (KLR)
✦ The court finds that the case has been fast-tracked and the directions for expeditious steps were made in line with the Employment and Labour Relations Court Act, 2011. The court determines the oral application and orders the matter to proceed before any other Judge other than Ongaya Judge.
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Anthony Mbaabu Mugwika & 7 others v Ruiri Farmers Co-operative Society Limited [2018] KEELRC 597 (KLR)
✦ The Court orders the Auditors to provide a breakdown of the sums due to the current staff within 30 days.
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Nelson Kaimenyi Mbaya v Patrick Ndereva [2018] KEELRC 568 (KLR)
✦ The appeal is dismissed with costs to the Respondent
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Kenya Union of sugar Plantation and Allied Workers v West Kenya Sugar Company Limited [2018] KEELRC 701 (KLR)
✦ The court cannot grant the Claimant's Application ex-parte.
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Lydia Kaimuri Gikundi v Postal Corporation of Kenya [2018] KEELRC 591 (KLR)
✦ The court lacks jurisdiction due to limitation and the petition is time barred.