Kenyan case law
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David Kihio Nduru v Chief of General Staff, Kenya Defence Forces [2019] KEELRC 668 (KLR)
✦ The court finds that the court has no jurisdiction to enlarge time on the grounds stated in the application and dismisses the application.
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Paul Ndungu Kiarie v Epco Builders Limited [2019] KEELRC 632 (KLR)
✦ The Court finds that the termination was not unfair but rather a repudiation of the contract by the Claimant.
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John Gichuhe Ndebe v Elikana Ndirangu & 3 others [2019] KEELRC 407 (KLR)
✦ The Court finds the termination unfair due to lack of notice and procedural fairness issues.
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Rose Esther Muthoni Wamuiya & 2 others v Governor County Government of Nyandarua & 3 others [2019] KEELRC 332 (KLR)
✦ Application for interim orders is declined. The court will hear the main petition on the merits for final orders.
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Jackson M Italakua & another v Kenya Farmers Association Limited [2019] KEELRC 362 (KLR)
✦ The claimants are granted unconditional access to their workplace and are entitled to their due salaries and benefits.
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John Nyaga Nduma v Embu Water and Sanitation Company Ltd [2019] KEELRC 651 (KLR)
✦ The court declines the motion for injunctive relief and orders the Respondent to pay the Claimant's withheld salary by Friday, October 11, 2019, at 9:00 am.
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Charles Otok Oliech v Attorney General [2019] KEELRC 583 (KLR)
✦ The petition is allowed, finding merit in the claims of violation of human dignity, torture, denial of a fair trial, and unlawful dismissal.
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Nzoia Water Services Company Limited v Kenya County Government Workers Union [2019] KEELRC 698 (KLR)
✦ The court finds the strike notice unlawful and restrains the respondent from taking any strike action pending the suit.
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Lee Njiru v J.K. Lokorio & another [2019] KEELRC 371 (KLR)
✦ The Verifying Affidavit filed by the claimant is found to be defective and is struck out, leaving the suit without a verifying affidavit and thus incompetent.
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Marcos Ingumba Evusa v Menengai Oil Limited [2019] KEELRC 375 (KLR)
✦ The application is dismissed. The taxing officer's decision is upheld and the bill of costs is not set aside.
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Francis Kigalu v Headteacher Musasa Primary School & another [2019] KEELRC 684 (KLR)
✦ The dismissal of the claimant was unlawful and unfair, and the claimant is entitled to compensation in the sum of Kshs. 39,000 with interest.
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Calister Onyango Juma v Gumi Steel Limited [2019] KEELRC 571 (KLR)
✦ The court finds the respondent violated Sections 36, 41, 43, and 45 of the Employment Act, 2007 and awards the claimant compensation and leave benefits.
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Bernard Ngeno & another v County Assembly of Bomet & another; Governor,County Government of Bomet (Interested Party) [2019] KEELRC 368 (KLR)
✦ Interim orders are vacated, and the requirement to pay petitioners under any terms of engagement with the County Government of Bomet is set aside.
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Peter Kariuki Gachiri v Kenya Baptist Theological College [2019] KEELRC 694 (KLR)
✦ The termination of the Claimant's employment on account of redundancy was procedurally unfair, and the Court awards severance pay, accrued leave, and salary arrears.
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Nasieku Tarayia v Agricultural Finance Corporation [2019] KEELRC 691 (KLR)
✦ The Court finds the termination of the Claimant's employment unfair and awards compensation, unpaid salaries, and other benefits.
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Joseph Wahome Karangi v Express Inn [2019] KEELRC 712 (KLR)
✦ The termination was unlawful and procedurally unfair. The Claimant is entitled to 28 days salary in lieu of notice, 3 months salary as compensation for unlawful termination, and costs of the suit.
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Paul Kimutai Murgor v Mumias Sugar Company Limited [2019] KEELRC 675 (KLR)
✦ The court found that the respondent had no valid reason to terminate the claimant's employment and did not follow a fair procedure.
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Beatrice Wangu Goro & 4 others v Rutuma Amalgamated Farmers Co-operative Society Limited [2019] KEELRC 637 (KLR)
✦ The Court finds the termination unfair and uncompliant with the Employment Act.
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Kenya Engineering Workers Union v Crom Impex (K) Limited [2019] KEELRC 566 (KLR)
✦ The Court orders the Respondent to deduct union dues from its employees' salaries immediately with effect from the end of October 2019, and to remit the deducted amounts into a specified account of the union. The issue of recognition is left for the Claimant to establish through evidence.
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Mark Mugavi Okani v Eveready Security Guards [2019] KEELRC 696 (KLR)
✦ The Court found that the Respondent did not comply with the Employment Act, 2007, and thus the termination of the Claimant's employment was unfair.
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Kenya Tertiary & Schools Workers Union – Ketaswu v Board of Management Nyangori Boys High School [2019] KEELRC 686 (KLR)
✦ The court orders the respondent to recognize the claimant union and deduct and remit union dues from all 31 members.
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Caroline Wanjiku Kimaru v Family Bank Limited [2019] KEELRC 659 (KLR)
✦ The Court finds the summary dismissal procedurally unfair and awards the Claimant 1 month's salary in lieu of notice (Kshs 48,000).
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Juliet Akinyi Dima v Human Needs Project (Kenya) [2019] KEELRC 556 (KLR)
✦ The termination was found to be unfair and unjustified, and the Claimant is awarded 1 month's salary in lieu of notice and 12 months' salary as compensation.
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Kenya National Union of Nurses v Murang’a County Public Service Board & 2 others [2019] KEELRC 711 (KLR)
✦ The objection to the misjoinder of Wycliffe Ambetsa Oparanya is upheld, and his name is struck out of the proceedings with costs to the 3rd Respondent.
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Okiya Omtatah Okoiti v Cabinet Secretary, Ministry of Education, Science and Technology & another; Council of University of Nairobi & 7 others (Interested Parties) [2019] KEELRC 677 (KLR)
✦ The Court finds the Petitioner's case proven and issues orders declaring the actions null and void, quashing the appointments, and directing the Secretary to issue letters of appointment to the recommended candidates.