Kenyan case law
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Beshom Limited v Ong’ayo (Employment and Labour Relations Appeal E157 of 2022) [2022] KEELRC 13543 (KLR) (15 December 2022) (Ruling)
✦ The appeal is dismissed as the appeal was filed outside the statutory period of thirty (30) days.
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Kenya Union of Commercial Foods and Allied Workers v Kenya Credit Traders Limited (Cause E033 of 2022) [2022] KEELRC 13568 (KLR) (15 December 2022) (Judgment)
✦ The termination was unfair and the claimant is entitled to damages.
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Amitruck Limited v Ochieng (Cause E508 of 2022) [2022] KEELRC 13548 (KLR) (15 December 2022) (Ruling)
✦ The court declines the claimant's application for interlocutory injunctions and vacates the interim orders granted on July 21, 2022.
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Ogwang v Equator Bottlers Limited; Equator Bottlers Welfare Association (Objector) (Cause 19 of 2020) [2022] KEELRC 13551 (KLR) (15 December 2022) (Ruling)
✦ The court finds that the Auctioneer's disobedience was not deliberate and/or willful as to amount to contempt of court.
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Kisali v Omido; Ayesa (Objector) (Cause 16 of 2016) [2022] KEELRC 13554 (KLR) (15 December 2022) (Ruling)
✦ The application is granted with no order as to costs, and the proclamation of the objector's household goods by BEMAC Auctioneers is lifted with immediate effect.
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Prosel Limited v Musyimi (Appeal E148 of 2011) [2022] KEELRC 13541 (KLR) (15 December 2022) (Judgment)
✦ The court finds that the award of 12 months' salaries in compensation was in error. The court sets aside the trial court's judgment and decree, orders the appellant to pay the claimant Kshs 22,184.00, and each party to bear their own costs.
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Kasuya v Eveready Security Guards Company Limited (Cause 1965 of 2016) [2022] KEELRC 13555 (KLR) (15 December 2022) (Judgment)
✦ The claim is dismissed with no order as to costs.
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Opondo v Kenya Power & Lighting Company Ltd (Petition 242 of 2019) [2022] KEELRC 13557 (KLR) (15 December 2022) (Judgment)
✦ Petitioner is entitled to compensation for unlawful termination and compensation for infringement of her right to fair labour practice.
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Miano v African Banking Corporation Limited (Cause 12 of 2021) [2022] KEELRC 13556 (KLR) (15 December 2022) (Judgment)
✦ The court found that the termination was not based on a valid and fair reason and that fair procedure was not followed. The court dismissed the suit with costs.
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Msula v Pwani Logistics Kenya Limited & another (Cause 175 of 2011) [2022] KEELRC 13538 (KLR) (15 December 2022) (Judgment)
✦ The court finds that the liability rests with the 1st respondent and orders that the compensation awarded by the Director of Occupational Safety and Health Services be enforced as a decree of the court and paid by February 1, 2023. The 1st respondent is also ordered to pay the claimant's hospital bill at AIC Kijabe Hospital and the claimant's costs of the suit.
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Bloomingdale Roses Kenya Ltd v Ndiritu (Employment and Labour Relations Appeal E012 of 2022) [2022] KEELRC 14670 (KLR) (15 December 2022) (Ruling)
✦ The court grants a stay of execution pending appeal, subject to the applicant depositing Kshs 200,000 in court within 21 days of this ruling.
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Kenya Plantation & Agricultural Workers Union v Kenya Tea Development Agency (Githambo Tea Factory) (Cause E028 of 2021) [2022] KEELRC 13563 (KLR) (15 December 2022) (Ruling)
✦ The applicants have not satisfied the court that there is any pending claims in the suit after the negotiated settlement except the issues of costs.
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Omondi & 3 others v Catholic University of East Africa (Cause 457, 458, 459 & 460 of 2017 (Consolidated)) [2022] KEELRC 13530 (KLR) (15 December 2022) (Ruling)
✦ The motion for stay of execution is denied, and the court orders re-tabulation of costs and interest as per the impugned judgment.
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Universities Academic Staff Union v Kirinyaga University (Cause 2 of 2022) [2022] KEELRC 13547 (KLR) (15 December 2022) (Judgment)
✦ The Court finds and holds that the grievants' contracts of service were not unfairly terminated by the respondent and lapsed automatically.
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Bosire & 3 others v Laikipia University (Cause 480, 481, 482 & 483 of 2017 (Consolidated)) [2022] KEELRC 13537 (KLR) (15 December 2022) (Judgment)
✦ The claimants are not entitled to any compensation as prayed for, and their claim is dismissed.
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Two Four Seven Guards Limited v Kanyigua (Employment and Labour Relations Appeal E008 of 2022) [2022] KEELRC 13549 (KLR) (15 December 2022) (Judgment)
✦ The court found that the respondent was summarily dismissed and that the reason for dismissal was valid and fair. However, the employer did not prove that it followed a fair procedure before dismissing the respondent.
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Mberia & 3 others v County Secretary, County Government of Meru & 2 others (Petition 1 of 2022) [2022] KEELRC 13567 (KLR) (15 December 2022) (Ruling)
✦ The petition meets the competence threshold and the doctrine of exhaustion is not applicable.
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Mugane and Company Advocates v Maxam Limited (Miscellaneous Application E121 of 2021) [2022] KEELRC 13531 (KLR) (15 December 2022) (Ruling)
✦ The applicant's bill of costs dated June 30, 2021 was properly before the taxing master and the decision by the taxing master is set aside.
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Tengu v Kibos Sugar & Allied Industries Ltd (Cause 239 of 2017) [2022] KEELRC 13529 (KLR) (15 December 2022) (Ruling)
✦ The application is merited and the suit is reinstated.
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Njoroge v Ole-Ken Hotel (Cause 214, 215 & 217 of 2017 (Consolidated)) [2022] KEELRC 13545 (KLR) (15 December 2022) (Ruling)
✦ The court allowed the application to stay the execution of the taxation award and remit the taxation back for fresh consideration by a different taxing master.
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Local Authorities Provident Fund Board v County Government of Laikipia (Cause E047 of 2021) [2022] KEELRC 13559 (KLR) (15 December 2022) (Judgment)
✦ The claimant is not entitled to interest on the principal claim paid under Section 53A of the Act due to non-compliance with the notice requirement.
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Kenya Union of Commecial, Food & Allied Workers v Ruchu Gacharage Farmers Co-operative Society Ltd (Cause E021 of 2021) [2022] KEELRC 13542 (KLR) (15 December 2022) (Ruling)
✦ The amendment should be allowed
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Tinga v Speaker, County Government of Homa Bay & 8 others; Ethics and Anti-Corruption Commission (Interested Party) (Petition E008 of 2022) [2022] KEELRC 13534 (KLR) (15 December 2022) (Judgment)
✦ The appointment of the 9th respondent as Clerk of the County Assembly is unconstitutional and invalid due to irregularities and lack of necessary clearances.
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Kenya Plantation & Agricultural Workers Union v Kanyenyaini Tea Factory (Employment and Labour Relations Cause E003 of 2022) [2022] KEELRC 13546 (KLR) (15 December 2022) (Judgment)
✦ The court finds and holds that the suit is time barred by dint of section 90 of the Employment Act since it was filed more than 5 years from the date when the cause of action arose.
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Kenya Engineering Workers’ Union v M/S Insteel Limited (Cause E654 of 2020) [2022] KEELRC 13553 (KLR) (15 December 2022) (Judgment)
✦ The Court found that the redundancy was not procedurally fair and ordered the reinstatement of the grievants.