Kenyan case law
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Kenya Universities Staff Union v Maseno University (Cause E027 of 2022) [2022] KEELRC 13046 (KLR) (2 November 2022) (Order)
✦ The Court will allow the withdrawal of the Cause and award the Respondent costs on a half-scale.
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Wandaba & 11 others v County Government of Bungoma (Cause 7 of 2017) [2022] KEELRC 13051 (KLR) (1 November 2022) (Ruling)
✦ The court cannot review the judgment and orders as the appeal in the Kisumu Court of Appeal is pending.
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Khalumi v Emco Billets & Steel Limited (Cause 2338 of 2017) [2022] KEELRC 13063 (KLR) (1 November 2022) (Judgment)
✦ The termination was wrongful and unlawful, and the Claimant is entitled to terminal dues and a certificate of service.
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Masinde v Kenyatta University (Cause 215 of 2017) [2022] KEELRC 13124 (KLR) (1 November 2022) (Judgment)
✦ The termination of the claimant’s employment was justified due to his admission of tampering with student marks and failure to report the compromised password.
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Adeya v Eastern Produce Kenya Limited (Sitoi Tea Estate) (Cause 116 of 2017) [2022] KEELRC 13078 (KLR) (1 November 2022) (Judgment)
✦ The Claimant was on a fixed term contract and her employment was terminated fairly as the contract lapsed when she was on sick leave.
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Mwanza v Muslim Association (Mosque Committee Eldoret) (Cause 62 of 2017) [2022] KEELRC 13077 (KLR) (1 November 2022) (Ruling)
✦ The court will not interfere with the taxing officer's decision unless it is shown that the decision was based on an error of principle.
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Ekuwam v Clerk Turkana County Assemly & another (Cause 43 of 2020) [2022] KEELRC 13080 (KLR) (1 November 2022) (Ruling)
✦ The preliminary objection is upheld, and the matter is stayed pending the exhaustion of the internal appeal process provided for under section 77 of the County Government Act.
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Lichoti & another v CRJE (EA) Limited (Cause 98, 96 & 97 of 2017 (Consolidated)) [2022] KEELRC 13131 (KLR) (1 November 2022) (Judgment)
✦ The termination was fair and due process was followed.
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Cherobon v Doinyo Lessos Creameries (Cause 180 of 2017) [2022] KEELRC 13128 (KLR) (1 November 2022) (Judgment)
✦ The dismissal was found to be unfair.
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Njoroge & Musyoka Advocates & 3 others v Wamai (Appeal E171 of 2021) [2022] KEELRC 13029 (KLR) (1 November 2022) (Judgment)
✦ The court found that the learned trial magistrate did not exercise discretion judiciously by denying the appellants an adjournment and closing their case before their witness had testified.
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Lwoba v Parliamentary Service Commission (Cause 2357 of 2017) [2022] KEELRC 13096 (KLR) (1 November 2022) (Judgment)
✦ The Court finds that the Respondent had reasonable grounds to terminate the Claimant's contract of employment.
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Musembi v Great Yaduo Industry Limited (Miscellaneous Case E080 of 2022) [2022] KEELRC 13025 (KLR) (1 November 2022) (Ruling)
✦ The court finds that the Employment and Labour Relations Court exercises appellate jurisdiction under the Work Injury Benefits Act, 2007
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Kingola (Suing as the Administrator of the Estate of Joseph K Chemutta - Deceased) v Kenya Power & Lighting Co Ltd (Cause 1 of 2017) [2022] KEELRC 13123 (KLR) (1 November 2022) (Judgment)
✦ The termination was fair and lawful, and the claimant is not entitled to the reliefs he is seeking.
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Wilson v Kerio Valley Development Authority (Cause 12 of 2019) [2022] KEELRC 13079 (KLR) (1 November 2022) (Judgment)
✦ The claimant's claim is rejected as he accepted the second offer made after the consent in Nakuru ELRC 68 of 2018, which was not contestable.
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Orwa v County Government of Kakamega & another (Cause 20A of 2022) [2022] KEELRC 13056 (KLR) (1 November 2022) (Ruling)
✦ The court finds that the claimant was an employee of the respondents and that the claim should be pursued under the Employment and Labour Relations Court Act.
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Aponga v Athi River Mining Cement PLC (Cause 787 of 2017) [2022] KEELRC 13028 (KLR) (1 November 2022) (Judgment)
✦ The court finds that the claimant was an employee of the respondent and the termination was not a redundancy but an unfair termination.
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Angwenyi v Jumbo North (EA Ltd) (Cause 214 of 2018) [2022] KEELRC 13130 (KLR) (1 November 2022) (Judgment)
✦ The claim is dismissed with costs.
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Mae v Barot t/a Bajrang Pan & Cold Drinks (Cause 1112 of 2017) [2022] KEELRC 13064 (KLR) (1 November 2022) (Judgment)
✦ The court finds the Claimant failed to establish an employer and employee relationship with the Respondent, thus dismissing the claim.
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Amisi & 2 others v Deputy Commissioner, Chesumei Sub-County & 3 others (Miscellaneous Case E024 of 2021) [2022] KEELRC 13103 (KLR) (1 November 2022) (Ruling)
✦ The application is struck out with costs
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Mulweye v Repelectric (K) Limited (Cause 2402 of 2017) [2022] KEELRC 13151 (KLR) (1 November 2022) (Judgment)
✦ Claimant's claim dismissed for lack of proof
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Chege v Mburu (Cause 665 of 2017) [2022] KEELRC 13038 (KLR) (31 October 2022) (Judgment)
✦ The court held that the Claimant was not an employee of the Respondent and dismissed the suit.
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Mugei & another v Registrar of Trade Unions & another (Appeal E014 of 2021) [2022] KEELRC 13161 (KLR) (31 October 2022) (Judgment)
✦ The court finds that the applicants are not entitled to the relief sought and dismisses the appeal.
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Kenya Union of Commercial, Food & Allied Workers v Iriaini Farmers Cooperative Society Ltd (Cause E039 of 2021) [2022] KEELRC 13085 (KLR) (31 October 2022) (Judgment)
✦ I find a case of unlawful termination of employment and order relief accordingly.
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Obango v Platinum Outsourcing and Logistics (E.A) Ltd (Miscellaneous Case E081 of 2022) [2022] KEELRC 13026 (KLR) (31 October 2022) (Ruling)
✦ The court has jurisdiction to hear the case and section 16 of the Work Injury Benefits Act, 2007 is not unconstitutional.
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Mburugu v Meru University of Science & Technology (Cause 14 of 2019) [2022] KEELRC 13158 (KLR) (31 October 2022) (Judgment)
✦ No termination of employment occurred, and the claimant is not entitled to the relief sought