Kenyan case law
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Kenya Game Hunting & Safaris Workers Union v Lewa Wildlife Conservancy [2015] KEELRC 649 (KLR)
✦ The court awards a 6% wage increase for the first year and a 4% wage increase for the second year, effective January 1, 2014, and January 1, 2015, respectively. Overtime pay will be fixed at 40% for all workers, with no renegotiation until December 31, 2019.
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Alex Charo & 3 others v Grand China Limited & another [2015] KEELRC 667 (KLR)
✦ Termination of the Claimants' contracts of employment was declared unfair and unlawful.
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Lawrence Omondi v Creative Eye (K) Ltd [2015] KEELRC 583 (KLR)
✦ The claimant's services were properly terminated, and the respondent offered to pay him a sum of Kshs.189,704/=, which includes his April salary, one month's pay in lieu of notice, and accrued leave. The claimant shall file and serve submissions on the respondent within 14 days of this ruling.
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Mbaruk AD-Ham Basty v Five Forty Aviation Limited [2015] KEELRC 680 (KLR)
✦ The court commutes the summary dismissal to a normal termination and awards the Claimant three months' salary in lieu of notice, 17 days salary for February 2010, 30 days leave not taken, and refund of unlawful deduction.
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Juma Mwachidudu Mwazarakwe v Rea Vipingo Plantations Limited [2015] KEELRC 633 (KLR)
✦ The Claimant's contract was terminated on valid ground but deficient on fair procedure.
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Kenya Hotels & Allied Workers Union v Sportsman’s Arms Hotel [2015] KEELRC 611 (KLR)
✦ The court finds that the termination was unfair due to lack of notice and preparation, and awards the grievant Kshs.43, 050 as compensation and a declaration of unfair termination.
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Isaak Mohamed Mohamud v Trsition Authority [2015] KEELRC 677 (KLR)
✦ The application lacks merit and is dismissed with costs.
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Kuzungu Kenga Katana v Ready Consultancy Co Limited [2015] KEELRC 634 (KLR)
✦ Termination was slightly unfair, for which the Respondent shall pay the Claimant half-month gross salary of Kshs. 9,165 in compensation.
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Republic v Clerk County Assembly of Baringo; Kamket (Ex parte) (Judicial Review Application 1 of 2015) [2015] KEELRC 567 (KLR) (31 July 2015) (Judgment)
✦ The Court finds that the County Assembly was barred from debating the question of the removal of the ex parte applicant due to the same substantial grounds that had been rejected the previous month, and that the County Assembly acted in violation of its internal procedures.
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Duncan Mwirigi Arithi v Jhpiego Kenya [2015] KEELRC 630 (KLR)
✦ Judgment is entered for the claimant for severance pay and costs.
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Mutia Muindi t/a Mutibra Auctioneers v CFC Stanbic Bank Ltd Garnishee & another [2015] KEELRC 623 (KLR)
✦ The appeal is struck out for being time barred.
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John Otieno Mukabi v Kenya Builders & Concrete Company Ltd [2015] KEELRC 606 (KLR)
✦ The Respondent should bear the Auctioneer's charges as the decretal sum stated in the warrant of attachment was erroneous, and the Respondent had not settled the award given by the Court by the time payment was made.
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Christopher Ochieng Onyango v Acme Containers Ltd [2015] KEELRC 596 (KLR)
✦ Claimant's dismissal is found to be unfair.
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Kudheiha Workers v Catering & Tourism Development Levy Trustees [2015] KEELRC 589 (KLR)
✦ The Court denies the application for review as the applicant failed to demonstrate that the discovery of the underpayment could not have been made at the time of filing the suit even with due diligence.
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Peter Maina Mwaniki v PCEA Silanga High School & another [2015] KEELRC 713 (KLR)
✦ The Court finds that the Claimant was on leave and not dismissed on 23rd November 2013, thus the conditional costs order is set aside
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William Gichamba Kinyanjui v David Ngugi Ng’ang’a, Arthur Njiriri Kimunya & Rahab Mumbi Kairu (Sued as the Board of Kamandura Tarambana Water Trust) [2015] eKLR (Cause 1890 of 2014) [2015] KEELRC 476 (KLR) (Employment and Labour) (31 July 2015) (Ruling)
✦ The appeal is struck out as incompetent.
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Kenya National Union of Nurses v County Government of Mombasa & 2 others (Cause 244 of 2015) [2015] KEELRC 619 (KLR) (31 July 2015) (Ruling)
✦ An injunction was granted to protect the legitimate expectation of employees under contract terms to be hired on permanent and pensionable terms.
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Peterlis Juma & another v Shree Sai Industries Ltd [2015] KEELRC 664 (KLR)
✦ The dismissal was found to be unlawful and the claimants were awarded compensation and other benefits.
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James Gitonga v Trustees of the Agricultural Society of Kenya [2015] KEELRC 638 (KLR)
✦ The court allowed the application for stay pending appeal
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Jonathan Kipkurui Koskei & another v National Police Service Commission & another [2015] KEELRC 650 (KLR)
✦ The Court finds no justification for the respondents to have failed to set in motion modalities for the Applicants' vetting and thus the interim orders enjoyed by the Applicants are to remain in place.
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Joseph Mugo Kabaria & 10 others v Punchlines Limited [2015] KEELRC 625 (KLR)
✦ The court finds that there was room to resolve the issue and considers this a normal termination. The Claimants are awarded a Certificate of Service, 1 month's salary in lieu of notice, a copy of their letter of contract, and 6 months' salary as terminal benefits.
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Richard Ndungu Kangara v Teachers Service Commission [2015] KEELRC 522 (KLR)
✦ The Petition is struck out with no orders for costs as the claim is statute barred.
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Kenya Union of Domestic Hotels Educational Institutions and Hospital Workers (KUDHEIHA) v Fatuma Mohamed [2015] KEELRC 629 (KLR)
✦ The Employment Act requires written notice of termination, and the failure to do so constitutes an unfair labour practice.
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Kenya Union of Commercial,Food and Allied Workers v London Distillers (K) Limited [2015] KEELRC 624 (KLR)
✦ The court allows the application and puts the redundancy on hold until the case is heard and determined.
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Samson Kimani Gachara v Auto Springs Manufacturers Limited (Cause 2321 of 2012) [2015] KEELRC 644 (KLR) (Employment and Labour) (29 July 2015) (Ruling)
✦ The court finds the application for review merited and corrects the final figure in the judgment awarded as 401,918.88/=.