Kenyan case law
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Jonathan Mulewa Mkare v Habo Group of Companies; Awanad Enterprises Limited & another (Objectors) [2020] KEELRC 594 (KLR)
✦ The 1st Objector's application for a declaration that motor vehicle registration number KHMA 691H does not belong to the Respondent is allowed. The attachment on motor vehicle registration number KHMA 691H is hereby lifted. The 2nd Objector's application for a declaration that the listed office furniture and equipment do not belong to the Respondent is dismissed. Execution with regard to the said office furniture and equipment may proceed.
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Daniel Omondi Ogada & 2 others v County Assembly of Homabay & 2 others [2020] KEELRC 584 (KLR)
✦ The application is dismissed with costs.
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Rift Valley Railways Workers Union (K) v Rift Valley Railways (Kenya) Limited; Kenya Railways Corporation & another (Proposed Interested Parties) [2020] KEELRC 592 (KLR)
✦ The application is dismissed. The preliminary objection that there exists no proper suit to anchor the joinder is upheld. The claimant is directed to consider filing a notice of withdrawal of the suit as appropriate. Each party bears their own costs.
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Elizabeth Mungeli Nthenge v Insight Management Consultants Limited [2020] KEELRC 546 (KLR)
✦ Termination was unfair, and the Respondent shall pay compensation for unfair termination at Kshs. 60,000.
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Kassim Nyongesa Barasa v Barclays Bank of Kenya Limited [2020] KEELRC 585 (KLR)
✦ Termination was procedurally flawed and unfair, but valid on the grounds of underperformance.
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Anthony Mwangi Wamagata v Silver Holdings Limited [2020] KEELRC 565 (KLR)
✦ The termination was based on valid grounds and the Claimant's contract was terminated.
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Muthusi & 6 others v Khoja Shia Ithna Ashari Education Board t/a Jaffery Academy (Petition 5 of 2020) [2020] KEELRC 574 (KLR) (29 July 2020) (Judgment)
✦ The Respondent has acted reasonably in sustaining the Petitioners' employment and has not violated Article 41 of the Constitution or Section 10[5] of the Employment Act.
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James Collins Mburu v CIC General Insurance Limited [2020] KEELRC 602 (KLR)
✦ The court dismisses the Respondent's motion to strike out the claim, finding that the claimant indeed lodged an appeal but the Respondent failed to consider it.
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Duncan Gitungo Kithinji v CIC General Insurance Limited [2020] KEELRC 623 (KLR)
✦ The Court finds the application lacks merit and dismisses it.
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D.I.P v Kenya Power Pension Fund [2020] KEELRC 632 (KLR)
✦ The application has no merit and is dismissed. The Claimant is ordered to proceed with the main claim.
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Mary Munyuli Luseka v Brand Kenya Board [2020] KEELRC 625 (KLR)
✦ Application for amendment is dismissed
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Kenya Aviation Workers Union v Kenya Airports Authority [2020] KEELRC 601 (KLR)
✦ The court orders the Kenya Airports Authority to remit the union dues deducted from employees from 2016 to 2019 and to deduct union dues for employees in Grade S5 from January 2020 onwards.
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Boniface Mwombe Ambulwa v Doshi & Company (Hardware) Limited & another [2020] KEELRC 628 (KLR)
✦ The Claimant's employment was not unlawful or unfair, and the claims for compensation and notice pay are dismissed.
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Richard Kamuti Nyamai v Capital Reef (K) Limited [2020] KEELRC 605 (KLR)
✦ Claimant's claim for termination of employment is dismissed as he failed to prove an employment relationship.
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Purity Yula David v Prafulla Enterprises Limited [2020] KEELRC 631 (KLR)
✦ The termination of the Claimant's employment was not lawful and fair as the Respondent failed to comply with the conditions set out in Section 40 of the Employment Act.
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Joseph Chigodi Mwarocha & another v Winstar Security Guards Limited [2020] KEELRC 599 (KLR)
✦ The Claimants have failed to establish a case of unlawful termination of employment and the claims for compensation and notice pay must therefore fail.
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Edson Fredrick Katunda v Doshi & Company (Hardwares) Limited & another [2020] KEELRC 617 (KLR)
✦ The Court finds and holds that the Respondents terminated the Claimant’s employment without valid reason and in violation of procedural fairness requirements.
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Justine Nguma Kitonyo v Teachers Service Commission [2020] KEELRC 611 (KLR)
✦ The claim is not statute barred as the dismissal was not communicated to the Claimant until February 2017, which is within the three-year limitation period.
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Safari Karisa v Corrugated Sheets Limited [2020] KEELRC 621 (KLR)
✦ The court finds that there was no employment relationship between Safari Karisa and Corrugated Sheets Limited, and thus the claimant's claim fails.
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Sadik Rama Mchechemo v Mackenzie Maritime (E.A) Limited [2020] KEELRC 607 (KLR)
✦ The Court finds the termination unlawful and awards compensation and notice pay.
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Njeri Mwikamba v Enablis Enterpreneurial Network East Africa Limited [2020] KEELRC 604 (KLR)
✦ Claimant's employment was terminated due to the respondent's operations ending, and redundancy dues were promised. The claimant's employment contract was valid, and she is entitled to a certificate of service. The Court finds no evidence of unfair termination and no specific constitutional violations.
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Shem Kisanya Majani v County Government of Nairobi & another [2020] KEELRC 620 (KLR)
✦ The claimant was not entitled to the prayers sought as he had already reached the mandatory retirement age of 55 years on 31 December 2007.
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Magare Gikenyi J. Benjamin v County Government of Nakuru & 4 others [2020] KEELRC 619 (KLR)
✦ There is no constructive dismissal. The stoppage of salary is not similar to termination of employment.
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Judith Atieno Owuor v Sameer Agriculture and Livestock Limited [2020] KEELRC 609 (KLR)
✦ The termination of the claimant's employment was found to be unfair both substantively and procedurally.
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Peter Juma Simiyu v Jamii Bora Bank Limited [2020] KEELRC 618 (KLR)
✦ The Court finds the termination of the employment contract unfair and unlawful. The claimant is awarded Kshs.2,175,543.58, and the respondent is ordered to pay Kshs.1,139,220.17 plus interest at 10.5%.