Kenyan case law
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Martin Otieno Odhiambo t/a Mart Origination v Joseph Obunga Olima [2021] KEELRC 70 (KLR)
✦ The claim is dismissed with no orders as to costs.
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Caroline Mueni Mbithi v Muri Mwaniki & Wamiti Advocates [2021] KEELRC 134 (KLR)
✦ The court found no evidence of discrimination on account of pregnancy and dismissed the claimant's claim for wrongful dismissal.
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Kenneth Nduati Irungu v RMA Motors (Kenya) Limited [2021] KEELRC 66 (KLR)
✦ The objection to the production of the email correspondences is upheld. The email correspondences specifically referred to hereinabove fall under items 3, 5 and 6 of the Respondent’s bundle of documents cannot be admitted as evidence.
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Eric Mwidako Mugatsia v Dhanush Infotech Limited [2021] KEELRC 124 (KLR)
✦ The court found that withholding the claimant's salary without justifiable cause constituted an unfair labour practice, and that the termination was not procedurally fair.
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Dominic Otieno Odeny v Kenya Kazi Services Limited [2021] KEELRC 148 (KLR)
✦ The claimant's termination was unfair and unlawful.
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Ali Mwijaa Ali v Safari Petroleum Limited [2021] KEELRC 170 (KLR)
✦ The suit is hereby determined as abated with no orders on costs.
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Erastus Kwaka Otieno v Dhanush Infotech Limited [2021] KEELRC 125 (KLR)
✦ The claimant was engaged as an independent contractor under a contract for service, not as an employee under a contract of service.
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Benson Mwangi Kagunda v Nairobi City County [2021] KEELRC 46 (KLR)
✦ The respondent is to pay the claimant Kshs 304,000 in total, including interest and costs.
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Banking Insurance and Finance Union (Kenya) v Consolidated Bank of Kenya Limited [2021] KEELRC 129 (KLR)
✦ Declining to grant the application to dismiss the case, the court allows the Claimant a last chance to have the matter heard and orders the parties to fix the case for hearing as soon as possible without unnecessary delay.
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Republic v County Assembly of Kiambu Service Board & 2 others Ex-Parte James Mbugua Kamau; Kiambu County Public Service Board & another (Interested parties) [2021] KEELRC 45 (KLR)
✦ The court orders the respondents to pay arrear remuneration and to facilitate the Ex-parte Applicant to resume his duties as Director of Procurement.
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John Mutia Mbithi v China Zhongxing Co Limited [2021] KEELRC 132 (KLR)
✦ The court finds the termination of the Claimant's employment was unfair and against fair labor practices.
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Violet Avoga Oyangi v Nairobi City County [2021] KEELRC 96 (KLR)
✦ The application is granted, and the respondent is to release and pay the claimant's irregularly withheld salary and allowances, set aside the interdiction, and reinstate her to her employment.
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Alfred Kipkoech Kibet v Mumias Sugar Company Ltd [2021] KEELRC 84 (KLR)
✦ The court found valid and justifiable reasons for the termination but the termination was not lawful and fair.
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Seyani Brothers & Co (K) Limited v Albanus Mwangi Muia (Miscellaneous Application E090 of 2021) [2021] KEELRC 52 (KLR) (Employment and Labour) (16 December 2021) (Ruling)
✦ The application is dismissed with costs, as the Memorandum of Appeal has not been filed and the application is an abuse of the court process.
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Kenya Foreign Recruitment and Employment Agencies Workers Union & 5 others v Registrar of Trade Union [2021] KEELRC 127 (KLR)
✦ The appeal is dismissed. The refusal to register the proposed trade union was lawful and not against the Constitution or ILO Convention No. 87.
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Joseph Ayora Omwena v Multiscope Consulting Engineering Limited [2021] KEELRC 95 (KLR)
✦ The application is dismissed with costs as it lacks merit and is an abuse of court process.
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Kenya Concrete, Structural, Ceramics, Tiles Woodplys & Interior Design Workers Union & Comply Industries Limited;Kenya Building Construction, Timber & Furniture Employees Union (Interested Party) [2021] KEELRC 69 (KLR)
✦ The application for contempt is dismissed as the purported orders were not issued on 18th November, 2020, and the application is based on erroneous facts.
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Kenya Plantation and Agricultural Workers Union v Unliver Tea K Limited [2021] KEELRC 110 (KLR)
✦ The suit is dismissed for want of prosecution
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Josephat Chege Wangoru v Gathare Bar Hotel and Boarding House [2021] KEELRC 62 (KLR)
✦ The court ordered the respondent to pay the claimant one month salary in lieu of notice, untaken leave days, underpayment arrears, and interest from the date of judgment till payment in full.
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Lamech Machuki Nyariki & 3 others v County Government of Nyamira & 2 others [2021] KEELRC 180 (KLR)
✦ Conservatory Orders are hereby granted staying the implementation of any action that adversely changes the contracts of employment of the Petitioners which may result in demotion, variation downwards of salaries, benefits and allowances of the Petitioners and other staff members of the 1st Respondent, pending the hearing and determination of the main petition.
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Mark Theophil Odero Adoyo v KCB Group PLC [2021] KEELRC 179 (KLR)
✦ The ex parte order is set aside, and the replying affidavit is admitted. The application will be heard inter partes.
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Bancy Muthoni Nduati & 26 others v Ernst & Young LLP [2021] KEELRC 167 (KLR)
✦ The Court did not find a prima facie case for an interlocutory injunction and declined the motion with costs.
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Rono David Koskei v Bomas of Kenya Limited [2021] KEELRC 165 (KLR)
✦ The Claimant has failed to establish a prima facie case to warrant an interlocutory injunction and the balance of convenience tilts in favour of the Respondent
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Josphat Lolmeweti v Kenya Kazi Services Limited [2021] KEELRC 78 (KLR)
✦ The Court finds that the respondent had a valid reason to dismiss the claimant, as he was found guilty of gross misconduct. The respondent followed a fair procedure.
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Eric Bett & another v County Assembly of Kericho & another; Samy Kimutai Rono & another (Interested Parties) [2021] KEELRC 159 (KLR)
✦ Leave is granted to the petitioners to file their reference against the decision of the taxing officer dated 7/7/2021 within 14 days.