Kenyan case law
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Naftaly Kaimenyi Maingi v Odex Chemicals Limited [2020] KEELRC 622 (KLR)
✦ The Court finds that the Claimant has established a prima facie case and that the Respondent owes the Claimant some unascertained amount of money, which may reduce the decretal sum substantially.
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Kenya National Union of Nurses v Permanent Secretary Ministry of Health & 2 others [2020] KEELRC 657 (KLR)
✦ The dismissal was wrongful and unlawful.
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Emily Simani v Ashtosh Mishra & 2 others [2020] KEELRC 633 (KLR)
✦ The Court found that the claimant was employed by the 1st Respondent from September 2007 to November 2010 and that her termination was procedurally and substantively unfair.
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Kenya National Private Security Workers Union v Security Guards Services Limited [2020] KEELRC 659 (KLR)
✦ The claimant union has locus standi to bring this suit. The dismissal was unfair as the employer failed to prove a valid and fair reason for the dismissal.
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Kenneth Kibimiru Kigalo v Mastermind Tobacco (K) Limited & another [2020] KEELRC 658 (KLR)
✦ The amended pleading was filed without leave of the court and the claim against the 2nd respondent is statute barred.
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Thomas Oundo Pamba & 6 others v Beverly Schools of Kenya Limited [2020] KEELRC 654 (KLR)
✦ The termination of the claimants' employment by the respondent on 18.8.2016 was unfair and unlawful.
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Star Plastics Limited v Catherine Mutave Philip [2020] KEELRC 708 (KLR)
✦ The Preliminary Objection is dismissed with costs to the Appellant, and the Appellant is directed to set down the Amended Application for hearing.
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Josephine Washifutswa Nambiro v Energy & Petroleum Regulatory Authority [2020] KEELRC 672 (KLR)
✦ The Petitioner is not entitled to the prayers sought.
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Edgar Maingi Mwinzi v Total Kenya Limited [2020] KEELRC 702 (KLR)
✦ The Court found the termination to be fair and dismissed the claim.
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Jane Wambui Gathuru v Teachers Service Commission & another [2020] KEELRC 613 (KLR)
✦ Interim orders are set aside as the true status quo ante and post the ex parte orders of 5th February 2019 was that the 2nd Respondent was the Principal of the School.
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Jacob Omondi Oyugi v Silafrica Kenya Limited [2020] KEELRC 3 (KLR)
✦ The Court finds a prima facie case that the respondent should pay the petitioner's final salaries for August and September 2019, subject to the petitioner clearing with the respondent. A temporary injunction is granted to prohibit the respondent from publishing adverse information about the petitioner.
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Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Vegpro (K) Limited (VP Group); Kenya Union of Commercial Food and Allied Workers (Interested Party) [2020] KEELRC 646 (KLR)
✦ The court ordered the respondent to sign the Recognition Agreement and deduct union dues as per the check-off forms.
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Eustace Muriithi Njeru v Energy and Petroleum Regulatory Authority [2020] KEELRC 655 (KLR)
✦ The Court found that the interdiction complied with EPRA's HR Policy and Procedures Manual and that the Petitioner was justified to move to court by way of a petition.
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Jacqueline Moraa Ratemo v Impala Club [2020] KEELRC 715 (KLR)
✦ The Court held that the termination was unlawful and in breach of the rules of natural justice.
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Peter Wanyama Ojiambo v Technical University of Kenya & 2 others [2020] KEELRC 716 (KLR)
✦ The Court found that the Claimants were constructively dismissed due to the Respondents' failure to provide remuneration as per the appointment letters.
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Millicent Owade v Essentials Manufacturing Company Limited [2020] KEELRC 711 (KLR)
✦ The Claimant was summarily dismissed and was wrongfully and unfairly dismissed from employment. The court awards 4 months' salary as compensation and notice pay.
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Patrick Kibui Nyingi v Nairobi City Water And Sewerage Company Limited & another [2020] KEELRC 645 (KLR)
✦ The Court found the Claimant's summary dismissal to be wrongful and ordered the reinstatement of the Claimant without loss of benefits.
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Boniface Lum Amunga Biko v National Bank of Kenya Limited (Cause 1072 of 2016) [2020] KEELRC 2 (KLR) (Employment and Labour) (17 July 2020) (Ruling)
✦ The application for leave to amend the statement of claim is allowed, and the amended statement of claim is deemed duly filed and served.
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Kenya Union of Commercial Food and Allied Workers v Tanathi Water Services Board; Nol Turesh Pipeline Bulk Water Supply Company Limited (Interested Party) [2020] KEELRC 712 (KLR)
✦ The grievant was unlawfully and unfairly dismissed from employment by the Respondent due to lack of procedural fairness.
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Reuben Muthanga Muthoni v Equity Bank Limited [2020] KEELRC 705 (KLR)
✦ The termination of the Claimant's employment is declared unfair and judgment entered for the Claimant in the sum of Kshs.1,600,000.
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Trustees of Premier Academy Charitable Trust t/a Premier Academy v Thomas Ndani Njuguna (Cause 1291 of 2018) [2020] KEELRC 714 (KLR) (Employment and Labour) (17 July 2020) (Judgment)
✦ Claimant is entitled to notice pay of KES 452,514
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Christine Mumbi Tatua v Dhl Supply Chain (K) Limited [2020] KEELRC 647 (KLR)
✦ The termination of the claimant's employment was procedurally and substantively unfair.
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Albert Nyabuto Nyauntu v Kenya Accountants and Secretaries National Examination Board (KASNEB) [2020] KEELRC 704 (KLR)
✦ The Court found the termination of the Claimant’s employment to be unfair.
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John Ngoda Mbashu & another v Lotus Hotel Limited [2020] KEELRC 731 (KLR)
✦ The dismissal was lawful and fair, and the procedural fairness requirements of the Employment Act were satisfied. The Claimants' claims for compensation and leave pay are therefore misplaced and are disallowed.
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Paul Otieno Okeyo v Consolidated Bank of Kenya Limited [2020] KEELRC 732 (KLR)
✦ The court found the dismissal to be unfair and unlawful.