Kenyan case law
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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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Sofapaka Football Club v Sports Dispute Tribunal & 2 others (Judicial Review Application E025 of 2021) [2022] KEELRC 13154 (KLR) (3 November 2022) (Ruling)
✦ Application for review dismissed
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Oduori v Twenty Cube Logistics Ltd & another (Cause 19 of 2019) [2022] KEELRC 13146 (KLR) (3 November 2022) (Ruling)
✦ The application is dismissed with costs
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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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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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Otieno & another v Secretary, Migori County Public Service Board & 5 others (Petition E066 of 2021) [2022] KEELRC 13052 (KLR) (3 November 2022) (Ruling)
✦ The court declines to entertain the petition due to non-exhaustion of statutory appeal procedures.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers (KUDHEIHA v Board of Management St. Teresa’s Special School (Employment and Labour Relations Cause E001 of 2022) [2022] KEELRC 13125 (KLR) (3 November 2022) (Judgment)
✦ The Court found that the termination of the 8 employees was unlawful and unfair, and ordered compensation for unlawful and unfair termination, notice pay, and interest.
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Sikalieh (Suing on behalf of Karen and Langata District Association) v Karobia (Cause E562 of 2022) [2022] KEELRC 13065 (KLR) (3 November 2022) (Ruling)
✦ The court declines the claimant's application for an interim order and orders the claimant to pay the respondent's costs.
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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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Clerk, Kisii County Assembly v Kerubo & 7 others (Appeal E040 of 2021) [2022] KEELRC 13066 (KLR) (3 November 2022) (Ruling)
✦ The applications for leave to amend the memorandum of appeal are allowed.
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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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Wanjiku v Aldonai Enterprises Ltd (Cause 26 of 2020) [2022] KEELRC 13122 (KLR) (3 November 2022) (Judgment)
✦ The claimant was constructively dismissed and the dismissal was unfair. The claimant is awarded seven months' salary in compensation for unfair termination of employment, unpaid salary for six months, unpaid leave, and one month salary in lieu of notice.
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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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Awere v Sibo Water & Sanitation Co Ltd (Cause 52 of 2019) [2022] KEELRC 13047 (KLR) (2 November 2022) (Judgment)
✦ The court finds that the respondent complied with the statutory test of procedural fairness and proved a valid and fair reason to dismiss the claimant.
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Opembe & 18 others v Associated Construction Co Ltd (Cause 225 of 2016) [2022] KEELRC 13035 (KLR) (2 November 2022) (Judgment)
✦ The Court enters judgment for the Claimants, including issuing Certificates of Service, providing PAYE (P9) forms, and paying the admitted sum of Kshs 552,799 within 30 days. The award attracts interest if not paid within 30 days, and the Claimants are awarded costs.
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Ayoo v Nursing Council of Kenya & 2 others (Cause 270 of 2019) [2022] KEELRC 13110 (KLR) (2 November 2022) (Ruling)
✦ The suit should not be dismissed for want of prosecution as the delay is not inexcusable.
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Republic v Governor, Migori County; County Assembly of Migori & another (Interested Parties); Arondo (Exparte) (Judicial Review E012 of 2022) [2022] KEELRC 13048 (KLR) (2 November 2022) (Order)
✦ The proceedings are marked as withdrawn with no order on costs.
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Ramogi v Great Lakes University of Kisumu (Cause 2 of 2022) [2022] KEELRC 13032 (KLR) (2 November 2022) (Judgment)
✦ The court finds that the claimant did not prove constructive dismissal but did prove breach of contract warranting the relief awarded.
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Nubian Rights Forum v National Hospital Insurance Fund & another; Ethics and Anti-Corruption Commission & 3 others (Interested Parties) (Petition E024 of 2022) [2022] KEELRC 13111 (KLR) (2 November 2022) (Ruling)
✦ The court dismissed the application, finding that the 2nd Respondent's actions were not illegal and that the appointments were reinstatements of previously appointed individuals.
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Kenya Universities Staff Union v Maseno University (Cause E027 of 2022) [2022] KEELRC 13046 (KLR) (2 November 2022) (Order)
✦ The Court will allow the withdrawal of the Cause and award the Respondent costs on a half-scale.
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Ochiel v Krish Trading Company Limited (Cause 953 of 2016) [2022] KEELRC 13149 (KLR) (2 November 2022) (Judgment)
✦ The Court found the Respondent's conduct to be irregular and in breach of the Employment Act 2007, and the termination was unfair.
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Juma v University of Nairobi (Cause 1089 of 2018) [2022] KEELRC 13157 (KLR) (2 November 2022) (Judgment)
✦ Claimant is not a casual employee and the termination was unfair.
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Njeru v Liberty Life Assurance Kenya Limited (Cause 589 of 2019) [2022] KEELRC 13073 (KLR) (2 November 2022) (Ruling)
✦ The preliminary objection is incompetent and is dismissed with costs.
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Kamande v Parliamentary Service Commission (Cause 1558 of 2016) [2022] KEELRC 13102 (KLR) (2 November 2022) (Judgment)
✦ The termination of the Claimant’s employment was found to be unfair.
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Mongare v Kisii University & 3 others (Petition 16 of 2016) [2022] KEELRC 13037 (KLR) (2 November 2022) (Judgment)
✦ The Petition is dismissed with costs to the Respondents.