Kenyan case law
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Joseph Mailu Malu v Football Kenya Ltd [2014] KEELRC 1062 (KLR)
✦ There was no termination of employment, as it occurred during the probation period. The claimant is not entitled to the relief sought.
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers Union v Agoro Sare High School [2014] KEELRC 1113 (KLR)
✦ The court finds that the application by the claimants has merit and orders that the respondents are restrained from victimizing, intimidating, harassing, or otherwise declaring the claimant union members redundant until the case is heard and determined.
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Elizabeth Kwamboka Khaemba v B.O.G. Cardinal Otunga High School & 2 Others [2014] KEELRC 1091 (KLR)
✦ The court grants an order for stay of execution on condition that the entire decretal sum is deposited in an interest earning account held in the joint names of the parties or their counsels within 30 days.
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Joseph Shivanga Luyingo v Kenya Agricultural Research Institute [2014] KEELRC 1096 (KLR)
✦ The dismissal was unfair as the claimant was not given a fair hearing and the respondents did not comply with the Employment Act and Article 50(1) of the Constitution.
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Kenya Union of Commercial Food & Allied Workers v Reli Co-operative Savings & Credit Society Ltd [2014] KEELRC 1055 (KLR)
✦ The Court sets aside its order of February 20, 2014, dismissing the Claimant's case for non-attendance and reinstates the Claimant's case.
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Kenya Scientific Research International Technical & Allied Institutions Workers Union v George Aertssen & another [2014] KEELRC 1084 (KLR)
✦ The greviants were employees of the respondents on the terms of the service agreement, but there is no evidence of terminal benefits. The respondents did not unfairly terminate the greviants' employment. The greviants are not entitled to the prayers they have sought.
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Donald Oricho v National Vision Party & 2 others [2014] KEELRC 1056 (KLR)
✦ There was a valid employment relationship, and the claimant is awarded Kshs. 106,000 in salary arrears for 7 months and Kshs. 72,000 for the period from September to December 2012.
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Banking, Insurance & Finance Union (Kenya) v Magereza Savings & Credit Co-Operative Society Limited [2014] KEELRC 1194 (KLR)
✦ The Court held that the redundancy of the four grievants was unprocedural, unjustified, and unlawful, and ordered their reinstatement without loss of benefits and/or break in years of service.
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Rift Valley Railways Workers Union (K) v Rift Valley Railways (K) Limited [2014] KEELRC 213 (KLR)
✦ The Court dismissed the application as the Claimant did not mention the specific employee to be affected by the order in the Notice of Motion.
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Maritinah Mwekonyo Musyoki v Alpha Fine Foods Limited [2014] KEELRC 1105 (KLR)
✦ The claimant's employment was unfairly and wrongly terminated, and the cause of action lapsed due to her disability. The claimant's claim can be filed out of time and the Memorandum of Claim deemed to be duly filed.
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Benjamin Mutinda Kyalo v Auto Continental Limited [2014] KEELRC 1083 (KLR)
✦ The termination was unfair due to lack of procedural fairness
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Rimba Masha Karisa v Ocean Sports Resort [2014] KEELRC 1073 (KLR)
✦ The Court found the termination unfair due to non-compliance with the Employment Act and Collective Bargaining Agreement.
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Elizabeth Nziza Masaku v County Government Of Nakuru & Another [2014] KEELRC 1052 (KLR)
✦ Judgment is entered for the petitioner.
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John Maina Murage & 2 others v Republic [2014] KEELRC 417 (KLR)
✦ The court finds no exceptional circumstances to warrant a stay of proceedings and dismisses the application.
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Gideon Ngao Fondo v Municipal Council of Malindi [2014] KEELRC 424 (KLR)
✦ The Respondent was negligent and in breach of the law in failing to process/register the Claimant as a member/contributor to any pension scheme between 1983 to 2002 and is ordered to pay the Claimant unremitted contributions to Superannuation Fund between 1983 to 2002.
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James Simiyu v Board of Governors, Moi Forces Academy, Lanet [2014] KEELRC 432 (KLR)
✦ The preliminary objection is dismissed with costs.
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Justus Mbaya v Rivatex East Africa Limited [2014] KEELRC 1054 (KLR)
✦ The termination was found to be unfair in both substance and procedure, and the claimant is entitled to one month's salary, a certificate of service, and costs.
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David Lei Soit v Independent Electoral and Boundaries Commission [2014] KEELRC 1053 (KLR)
✦ The termination was not unfair and the claimant was not discriminated against. The claimant is entitled to annual leave only.
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Kevin Michael Dunlop v Cmc Motors Group Limited & Another [2014] eKLRT [2014] KEELRC 433 (KLR)
✦ The Application to strike the 1st Respondent's Statement of Defence and order the 1st Respondent to deposit Kshs.12,504,076.00 is dismissed with costs.
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Nakuru Industries v Industrial Court & 23 others [2014] KEELRC 1050 (KLR)
✦ The application for review is dismissed with costs due to unexplained delay and failure to meet grounds for review.
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John Ndegwa Kaminja v Naivas Limited [2014] KEELRC 366 (KLR)
✦ Dismissal was procedurally unfair and compensation awarded
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Jemmah Akoth Nyadera Onyosi & 6 others v Kenya National Trading Corporation [2014] KEELRC 367 (KLR)
✦ The termination was not fair and there was discrimination against the claimants.
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Dede Esi Annie Amanor-Wilks v Action Aid International [2014] KEELRC 439 (KLR)
✦ The Court found that the termination of Dede's employment was not unfair and unlawful.
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Clifford Keya v Cabinet Secretary Ministry of Land, Housing & Urban Development & 2 others [2014] KEELRC 431 (KLR)
✦ The Court dismissed the application for conservatory orders, finding that the Respondent had not acted unconstitutionally and that the Petitioner had not established a prima facie case.
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Pasaka Ogumbo v Corporate Talk Ltd [2014] KEELRC 369 (KLR)
✦ Judgment in favor of claimant for commissions and pay for 1st to 8th July 2009, less salary in lieu of notice.