Kenyan case law
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Ondieki v Lapton TAT EA Limited (Appeal E020 of 2024) [2024] KEELRC 2810 (KLR) (14 November 2024) (Judgment)
✦ The court dismissed the appeal, finding no employer-employee relationship was proved and that the remedies sought were not due.
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Njoroge v Moi University (Cause E091 of 2022) [2024] KEELRC 2806 (KLR) (14 November 2024) (Judgment)
✦ The court finds the employment was unfairly terminated and orders compensation, notice pay, leave pay, service pay, and costs.
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Assad & another (As Trustees of Global Pastrolist Organisation) v Mutile & 4 others (Appeal E098 of 2024) [2024] KEELRC 2809 (KLR) (14 November 2024) (Judgment)
✦ The court held that the 2nd appellant is not a trustee or an official of the Global Pastoralist Organization and thus not capable of entering into a contractual relationship with the respondents.
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Muyaka v SGA Security (Employment and Labour Relations Appeal E019 of 2022) [2024] KEELRC 2837 (KLR) (14 November 2024) (Judgment)
✦ The appeal is dismissed with costs.
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Ndalut & another v Nairobi City Water & Sewerage Company Ltd (Employment and Labour Relations Petition E099 of 2022) [2024] KEELRC 2826 (KLR) (14 November 2024) (Ruling)
✦ The status quo of the petitioners' employment positions will be maintained pending the disposal of the petition.
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Kenya National Private Security Workers Union v Midal Group Kenya Limited (Employment and Labour Relations Cause E044 of 2023) [2024] KEELRC 2811 (KLR) (14 November 2024) (Judgment)
✦ The court finds the dismissal of the grievant was unfair and unjustified, and awards compensation for one month's salary in lieu of notice, compensation for unfair termination, 11 days' salary for days worked but not paid, underpayment of salary, and leave not taken.
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Twaweza Apparel (EPZ) Limited v Mlala & another (Appeal E161 of 2024) [2024] KEELRC 2794 (KLR) (14 November 2024) (Ruling)
✦ An order of stay of execution is issued pending the hearing of the appeal, with the appellant required to file and serve the Record of Appeal within 60 days from the date the impugned ruling was delivered.
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Kenya Engineering Workers Union v Kisumu General Engineering Employers Group of FKE (Cause E054 of 2024) [2024] KEELRC 2817 (KLR) (14 November 2024) (Judgment)
✦ The Court finds that the employer did not act in good faith and that the service gratuity clause should be maintained at the prevailing rates.
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Soni v Gudka & 2 others (Office bearers of the Board of Management of the Pandya Memorial Society); Kinyua t/a Makini Auctioneers Agencies (Interested Party) (Cause E114 of 2023) [2024] KEELRC 2791 (KLR) (14 November 2024) (Ruling)
✦ The court quashed and set aside the warrants of attachment issued to Makini Auctioneers, finding the practice improper and invalid.
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Abdi v Garissa County Public Service Board & another (Judicial Review Miscellaneous Application E049 of 2024) [2024] KEELRC 2798 (KLR) (14 November 2024) (Ruling)
✦ The court grants leave to initiate a Judicial Review application which will act as a stay against the implementation of the interview results.
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Mwadime & 3 others v Polystar Plastiks Limited (Cause E040, E038, E039 & E041 of 2024 (Consolidated)) [2024] KEELRC 2793 (KLR) (14 November 2024) (Judgment)
✦ The claimant's employment was regulated under the written contract, and the termination was due to redundancy, which is a lawful ground for termination.
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Paul Mwangi & Company Advocates v PVR Rao (Receiver of Athi River Steel Plant Limited in Receivership) & another (Miscellaneous Cause E218 of 2023) [2024] KEELRC 13300 (KLR) (14 November 2024) (Ruling)
✦ The Motion is dismissed with costs
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Yulu v Care International in Kenya (Employment and Labour Relations Cause E076 of 2022) [2024] KEELRC 2815 (KLR) (14 November 2024) (Judgment)
✦ The termination of the Claimant by the Respondent on account of redundancy was fair and lawful.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Game on Solutions (K) Limited (Cause E081 of 2021) [2024] KEELRC 2790 (KLR) (14 November 2024) (Judgment)
✦ The court finds the termination of employment to be wrongful and unfair, and orders the payment of terminal dues.
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National Transport & Safety Authority v Nthiga (Appeal E243 of 2022) [2024] KEELRC 2830 (KLR) (14 November 2024) (Judgment)
✦ The court found that the Respondent was not unfairly terminated and that the learned Magistrate did not err in ordering for reinstatement and awarding unpaid salary.
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Gambedze v Kyumwa & 2 others (Cause E027 of 2024) [2024] KEELRC 2807 (KLR) (14 November 2024) (Judgment)
✦ The claimant's employment was terminated unfairly, and the respondents are ordered to pay the claimant terminal dues as per the Employment Act.
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Jemurgor v Moi University (Petition E030 of 2022) [2024] KEELRC 2839 (KLR) (14 November 2024) (Judgment)
✦ The Petitioner's employment relationship with Moi University was established, and the termination was found to be unfair.
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Kiratu v Devkan Enterprises (Appeal E171 of 2023) [2024] KEELRC 2831 (KLR) (14 November 2024) (Judgment)
✦ The appeal is allowed, and the judgment dated 18/9/2023 is set aside. The Appellant is entitled to the reliefs sought.
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Koimur v Egerton University (Employment and Labour Relations Cause E002 of 2024) [2024] KEELRC 2818 (KLR) (14 November 2024) (Judgment)
✦ The claimant's claim is unfounded and dismissed with costs
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Opande v Kenya National Union of Teachers (Cause 238 of 2020) [2024] KEELRC 2785 (KLR) (14 November 2024) (Judgment)
✦ The Court found that the Claimant was constructively dismissed from employment on 19th May 2019.
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Juma & 4 others (on their Behalf and on Behalf of 285 Others Casual Labourers at the National Police Service) v National Police Service Commission & 6 others (Constitutional Petition E148 of 2023) [2024] KEELRC 2800 (KLR) (14 November 2024) (Ruling)
✦ The Court declared that the petitioners' rights were violated and ordered the respondents to take measures to address the violations.
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Rono v Kenyatta International Convention Centre (Cause 8 of 2020) [2024] KEELRC 2804 (KLR) (14 November 2024) (Judgment)
✦ The Court found the dismissal unlawful and unfair, and the employer failed to provide a fair disciplinary procedure.
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Mugo v Chase Bank (Kenya) Limited (Cause 730 of 2015) [2024] KEELRC 2813 (KLR) (14 November 2024) (Judgment)
✦ The Claimant's employment was not terminated by the Respondent but instead he voluntarily resigned.
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Henry & 4 others v County Government of Vihiga (Employment and Labour Relations Cause 36 of 2023) [2024] KEELRC 2852 (KLR) (14 November 2024) (Judgment)
✦ The Court finds that the claimants are employees of the respondent and that their rights were violated. The claimants are awarded salary arrears and interest.
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Kenya Hotels and Allied Workers Union v Praying Mantis Limited (Octopus Club) (Cause 129 of 2013) [2024] KEELRC 2786 (KLR) (14 November 2024) (Ruling)
✦ Mr. William Roman Mctough is not liable for the Judgment Debtor's debts as the company was the employer and the Judgment Debtor.