Kenyan case law
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Suhufi Palace Hotel Limited v Makhoha (Miscellaneous Application E107 of 2024) [2024] KEELRC 13476 (KLR) (19 December 2024) (Ruling)
✦ The court dismissed the application and ordered the appellant to meet costs.
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Nesser v Globology Limited & 7 others (Cause E033 of 2024) [2024] KEELRC 13551 (KLR) (19 December 2024) (Ruling)
✦ The Court dismisses the application to strike out the 2nd to 8th Respondents, finding that they are covered by the definition of 'employer' under the Employment Act and are therefore not excused from the proceedings.
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Ludaava v Bonito Hotels Limited; Tbh Hotel Limited (Objector) (Cause 3 of 2020) [2024] KEELRC 13594 (KLR) (19 December 2024) (Ruling)
✦ The court upholds the objection by the objector and sets aside the garnishee order nisi. The court dismisses the application for a blanket order.
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Odima & another v General Secretary Kenya National Private Security Workers Union & another (Cause 11 of 2022) [2024] KEELRC 13584 (KLR) (19 December 2024) (Judgment)
✦ The suspension of the Claimants was irregular and unprocedural.
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Odhiambo v Columbia Developers [K] Limited (Cause E417 of 2022) [2024] KEELRC 13549 (KLR) (19 December 2024) (Judgment)
✦ The court found in favor of the Claimant on all issues and ordered the Respondent to pay the claimed amounts.
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Kenya Engineering Workers Union v Kenya General Industries Limited (Cause E001 of 2024) [2024] KEELRC 13550 (KLR) (19 December 2024) (Judgment)
✦ The grievant's employment was lawfully terminated due to redundancy, and severance pay is due for each full year worked from December 2018 to May 2023.
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Manyasa v Director, Directorate of Criminal Investigations & 3 others (Cause E862 of 2024) [2024] KEELRC 13574 (KLR) (19 December 2024) (Ruling)
✦ The court issued a temporary injunction to prevent disciplinary proceedings against the applicant pending the court's hearing and determination of the case.
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Mungoma v Curries Bar and Restaurant (Cause 1784 of 2016) [2024] KEELRC 13464 (KLR) (19 December 2024) (Ruling)
✦ The Motion for reinstatement is allowed and the original suit is reinstated for hearing.
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Omari v Sendwave Limited (Employment and Labour Relations Cause E495 of 2022) [2024] KEELRC 13540 (KLR) (19 December 2024) (Ruling)
✦ The application is granted and the respondent is allowed to amend its pleadings
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Kenya Export Floriculture, Horticulture & Allied Workers Union v Vegpro (K) Ltd (Cause E028 of 2020) [2024] KEELRC 13593 (KLR) (19 December 2024) (Judgment)
✦ The cause is dismissed with no order as to costs due to being sub judice and lacking a list of the names of the grievants in the statement of claim.
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Mesembi v Paska Construction Limited (Employment and Labour Relations Cause 817 of 2019) [2024] KEELRC 13581 (KLR) (19 December 2024) (Ruling)
✦ Application dismissed with costs
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Mungai v Alibhai Shariff & Sons Ltd (Cause E586 of 2023) [2024] KEELRC 13469 (KLR) (19 December 2024) (Judgment)
✦ The court held that the Respondent is estopped from denying the existence of the retirement package agreement and is required to honor the promised severance pay and unpaid leave days.
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Kiema v Export Processing Zones Authority (Petition E002 of 2021) [2024] KEELRC 13606 (KLR) (19 December 2024) (Judgment)
✦ The court declared that the Respondent violated the Petitioner’s rights under Articles 27(1), 29(d), 41, 47(1) and (2) of the Constitution and the Employment Act.
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Ogola v Anyango (Appeal E138 of 2024) [2024] KEELRC 13504 (KLR) (19 December 2024) (Judgment)
✦ The ruling striking out the suit is set aside, and the appellant is allowed to proceed with his claim.
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Kariuki & another v Attorney General & 2 others (Petition E166 of 2024) [2024] KEELRC 13501 (KLR) (19 December 2024) (Judgment)
✦ The court declared the transfer unfair and violated the petitioner's rights. It also ordered the respondents to consider the petitioner's son's needs and develop a policy for police officers with disabled dependents.
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Mulavu v Sandpiper Aviation Limited (Miscellaneous Application E288 of 2024) [2024] KEELRC 13465 (KLR) (19 December 2024) (Ruling)
✦ The Court has jurisdiction to transfer the suit, as the lower court lacked pecuniary jurisdiction to hear the case.
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Nandi v Machogu, Cabinet Secretary Ministry of Education & 3 others (Employment and Labour Relations Petition E014 of 2024) [2024] KEELRC 13545 (KLR) (19 December 2024) (Judgment)
✦ The Court held that the Council had not abdicated its mandate to appoint the Vice Chancellor to the Cabinet Secretary for Education. The Council's recommendation was binding, and the Petitioner had a legitimate expectation to be appointed.
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Odero v Tononoka Rolling Mills Limited (Cause 882 of 2018) [2024] KEELRC 13482 (KLR) (19 December 2024) (Judgment)
✦ The Claimant's termination was found to be unfair, and he is awarded 5 months' salary as compensation for the unfair termination.
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Moi University v Universities Academic Staff Union (UASA) Moi University Chapter & 2 others (Employment and Labour Relations Petition E016 of 2021) [2024] KEELRC 13537 (KLR) (19 December 2024) (Judgment)
✦ The industrial action was unprotected as the Respondents failed to comply with the law's requirements.
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Mwangi v Family Bank Limited (Employment and Labour Relations Cause 331 of 2014) [2024] KEELRC 13509 (KLR) (19 December 2024) (Ruling)
✦ The application for stay of execution is found to be res judicata and the applicant should pursue the appeal if still persuaded so to do
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Dunman v Athi Stores Limited (Cause E003 of 2023) [2024] KEELRC 13565 (KLR) (19 December 2024) (Judgment)
✦ The court finds the termination unfair and orders the respondent to pay the claimant Kshs.3,950,000 in arrears and severance pay, and to pay the claimant's costs.
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Munyoki v Nthuni t/a Limcom Africonsultants (Cause 1571 of 2015) [2024] KEELRC 13558 (KLR) (19 December 2024) (Ruling)
✦ The ex parte judgment is set aside and the case is reopened for an inter partes hearing on priority basis.
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Mutiso & 4 others (Suing on their Own Behalf and on Behalf of Members of KCPA) v gikonyo & 12 others (Cause E688 of 2024) [2024] KEELRC 13573 (KLR) (19 December 2024) (Ruling)
✦ The court did not strike out the Statement of Claim and corrected a typographical error in the court's previous ruling.
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Kenya Union of Commercial Food & Allied Workers v Gusii Water & Sanitation Co Ltd (Cause E046 of 2024) [2024] KEELRC 13472 (KLR) (19 December 2024) (Ruling)
✦ The Court denied the application for interim Orders for union dues deduction and restraining orders against the employer.
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Tamu Millers Limited v Barasa (Appeal E009 of 2024) [2024] KEELRC 13569 (KLR) (19 December 2024) (Judgment)
✦ The appeal is dismissed with costs for the respondent. The trial court's ruling is upheld.