Kenyan case law
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Kithure M’mwenda Nyaga v Teacher Service Commission [2018] KEELRC 743 (KLR)
✦ The suit is statute barred as it was filed outside the limitation period prescribed by law.
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John Abuko Dianga v Forage Auto & Alled Suppliers (K) Limited [2018] KEELRC 752 (KLR)
✦ The claimant's case collapses due to mutual agreement termination, and the respondent is ordered to pay Kshs. 70,000.
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Isaac Kigumba Agama v Yara East Africa Limited [2018] KEELRC 751 (KLR)
✦ The termination was unfair and the claimant is entitled to compensation and costs.
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Kambo Kamau Mahinda v Chairman, Secretary A C K Diocese of Mount Kenya South Emmanuel Church Kierenye Parish [2018] KEELRC 739 (KLR)
✦ The claimant is awarded Kshs.818,086.90 by 31.12.2018, interest at court rates from 13.08.2014, and the respondent is ordered to deliver the claimant's certificate of service by 01.12.2018 and pay the claimant's costs.
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Obadiah Marao Oange v Vostrum (K) t/a Vostrum Clinic [2018] KEELRC 756 (KLR)
✦ The claimant is entitled to Kshs. 43, 077.00 for unpaid salary and leave. The claimant is not entitled to pay in lieu of termination notice or overtime pay.
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Michael Alwema Kilumbi v Barclays Bank of Kenya Limited [2018] KEELRC 719 (KLR)
✦ The court has jurisdiction to determine the issue of varying interest rates as it falls within the jurisdiction of the Employment and Labour Relations Court. The court also holds that the terms of the loan advanced by the respondent to the claimant falls within the jurisdiction of this court.
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Alphonce Kyalo Muli v Allpack Industries Limited [2018] KEELRC 709 (KLR)
✦ The court finds the dismissal unlawful and unfair, and awards compensation and other benefits to the Claimant.
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Josphat Cosmas Onyango v Tribe Hotel Limited [2018] KEELRC 686 (KLR)
✦ The application for unconditional stay of proceedings is dismissed with costs.
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Consolatga Anyango Odipo v Vegpro Kenya Limited [2018] KEELRC 761 (KLR)
✦ The claimant was found to be a casual employee working intermittently, and the claims for unfair termination and payment of terminal dues are dismissed.
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Anne Nduku Ngila v HWAOCK IM & another [2018] KEELRC 758 (KLR)
✦ The termination was unfair in both procedure and substance. The claimant is awarded maximum 12 months net salaries under section 49 in compensation for the unfair termination.
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Erastus Musyoka Mukangi v Kings Developers Ltd [2018] KEELRC 699 (KLR)
✦ Claimant's claim is dismissed with no order as to costs as there was no employment relationship between the parties.
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Republic v Board of Kenya School of Law Ex Parte Morris Kiwinda Mbondenyi [2018] KEELRC 769 (KLR)
✦ The Court declines to allow the motion and dismisses it with no order as to costs
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Calleb Gudo v KCA University [2018] KEELRC 724 (KLR)
✦ The Court held that the resignation was not voluntary but through constructive termination.
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Amuhaya v African Medical and Research Foundation [2018] KEELRC 720 (KLR)
✦ The premature termination of the Claimant's contract of service was not unfair.
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Caroline Nafula Burare v Lavington Security Limited [2018] KEELRC 757 (KLR)
✦ The Court finds that the claimant's claims are time barred due to the 12-month limitation period under the Employment Act, 2007. The claimant's termination was not unfair, and she is entitled to a refund of the uniform deposit.
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Alexander Munguti v Salim Alibhai & another [2018] KEELRC 729 (KLR)
✦ The court finds that the plaintiff is not entitled to damages for the period he was unemployed, as there was a valid reason for termination. The court also finds that the plaintiff is not entitled to gratuity, as he contributed 100% to his termination. The court orders that the plaintiff is entitled to costs and interest, subject to deductions for tax and SACCO loan.
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James Ochola Ochola v Apex Steel Limited [2018] KEELRC 738 (KLR)
✦ The Court finds that the Claimant was entitled to underpayments and awards Kshs 21,408/-, dismissing other claims.
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Paul Kitema v Kenya Power and Lighting Company Limited [2018] KEELRC 736 (KLR)
✦ The court finds and holds that the respondent has failed to prove on a balance of probability that the Claimant misconducted himself in the manner stated in the dismissal letter.
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Macorius Odhiambo Onyango v Seniors Driving School Limited [2018] KEELRC 765 (KLR)
✦ Claimant's claim for underpayment and overtime is dismissed as the cause of action accrued on the date of termination. The termination was not unfair.
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Charles Mumo Munyambu v Nation Media Group (Cause 861 of 2013) [2018] KEELRC 753 (KLR) (Employment and Labour) (2 November 2018) (Judgment)
✦ The employment was unfairly terminated and the Claimant is awarded Kshs 60,000 in pay in lieu of notice, compensation, and leave.
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Jason Madegwa Kisia v Hall Equitorial Limited [2018] KEELRC 766 (KLR)
✦ The claimant is not entitled to gratuity as he was a member of NSSF. The claimant is awarded Kshs.190,000 in lieu of leave days, Kshs.90,000 for 27 days worked in January 2017, and one month's salary in lieu of notice. The respondent will pay the claimant's costs of the suit.
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Peter Nchoroko Mareri v Manchester Outfitters Limited [2018] KEELRC 755 (KLR)
✦ The court dismissed the claimant's suit with costs.
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Paul Njaga Kihara v Chase Bank (Kenya) Limited In Receivership & another [2018] KEELRC 727 (KLR)
✦ The court finds the respondent in breach of the separation agreement by charging commercial interest rates and referring the claimant's credit status to the Credit Reference Bureau.
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Alex Vihasi Mwala v Metal Crowns Limited [2018] KEELRC 772 (KLR)
✦ The termination of the Claimant's employment was unfair and the Court awards compensation of Kshs 29,690/-
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Cathrine Njeri Wainaina v Kiriri Women’s University of Science & Technology [2018] KEELRC 762 (KLR)
✦ The Court finds the termination unfair and unlawful, and awards the claimant a declaration, compensation, and other remedies.