Kenyan case law
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David Muriuki Ngare v Spin Knit Limited [2016] KEELRC 769 (KLR)
✦ The Court found that the Respondent was in breach of contract by terminating the Claimant's employment without notice, as per the collective bargaining agreement.
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Sammy Gatimu Karanja v Teachers Service Commission [2016] KEELRC 670 (KLR)
✦ The dismissal was unfair and without justification, and the Court reinstated Karanja to his teaching position and awarded damages.
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Kenya Game Hunting and Safaris Workers Union v Payless Car Hire, Tour and Rent a Car [2016] KEELRC 663 (KLR)
✦ James Gitau is awarded one month's pay in lieu of notice, 7 days worked in February 2007, and eight months salary for unfair termination of services. The claim against Alex and Julius is dismissed with no order as to costs.
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Nelson Njugi Njoki v Laurel Investments Limited [2016] KEELRC 757 (KLR)
✦ The Court upholds the appeal on the issue of liability and finds the Respondent 100% liable. The Appellant is awarded Kshs 60,000/- as general damages.
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Peter Nzioka Mweu v New Visa Place Ltd [2016] KEELRC 661 (KLR)
✦ The Court orders that the claimant be compensated as follows: Kshs.13,000.00 for one month’s salary in lieu of notice, Kshs.13,000.00 for salary for the month of October, Kshs.81,250.00 for severance pay at the rate of 15 days salary for each complete year of service, and Kshs.52,000.00 for four months salary for unfair termination of services. The claimant is also ordered to pay Kshs.159,250.00 in costs of the suit.
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Paul Ndungu Ndichu v Amos Mathenge Kabuthu & another [2016] KEELRC 732 (KLR)
✦ The Court sets aside the previous orders and finds that the eligible members for the National Central Board are the Bishops, Chairmen, and Chairladies as listed in the Constitution.
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Cleophas Odoyo v Toyota Kenya Limited [2016] KEELRC 734 (KLR)
✦ The Court finds that the Respondent has breached the condition upon which the stay was granted and reviews its orders, directing the decretal sum and assessed costs to be released to the Claimant.
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Rajeev Arora v Board Of Directors African Cotton & Textile Industries Federation [2016] KEELRC 740 (KLR)
✦ The application is premature as the salary is in contention due to the applicant's alleged misconduct and the respondent's counter-claim.
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Farhiya Ibrahim Issack v Wajir County Assembly Service Board [2016] KEELRC 542 (KLR)
✦ The termination of the Claimant's employment was unfair and without reasons, thus the termination is deemed unfair.
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Banking Insurance & Finance Union (Kenya) v Barclays Bank of Kenya Ltd & another [2016] KEELRC 461 (KLR)
✦ The court finds no violation of the Recognition Agreement and CBA, and the warning letters issued to unionisable employees are not null and void.
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John Muia Mbute & another v Rakim Rajan t/a Smokey’s Bar & Restaurant [2016] KEELRC 1857 (KLR)
✦ The termination was unfair and the claimants are entitled to compensation and benefits.
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Edwin Maurice Barazat v Samani Construction Limited [2016] KEELRC 553 (KLR)
✦ The termination was unfair and unreasonable
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Laban M. Kimondo v Attorney General [2016] KEELRC 582 (KLR)
✦ The court dismissed the claimant's case, finding that no contract existed between the parties and that the respondent had lawfully terminated the contract and paid all dues.
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Alios Finance Kenya Limited v Philip Mwangi Theuri & another [2016] KEELRC 742 (KLR)
✦ Order for stay of execution pending appeal granted
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Rufus Njuguna & 3 others v Attorney General & 2 others [2016] KEELRC 773 (KLR)
✦ The Employment and Labour Relations Court will receive tabulations from the Plaintiffs accompanied by supporting documentary evidence, and the final determination of the matter will be withheld pending the filing of such evidence.
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Samuel Muiruri Muhia v Sidian Bank (formerly known as K-rep Bank Ltd [2016] KEELRC 774 (KLR)
✦ The Claimant’s application is dismissed. The interim orders granted on 14th June 2016 are hereby vacated.
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Rift Valley Railways Workers Union (K) v Kenya Railways Staff Retirement Benefits Scheme & 6 others [2016] KEELRC 775 (KLR)
✦ The Court declines to exercise jurisdiction and refers the matter for resolution under the Retirement Benefits Act.
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Ruth Njeri Mburu v Co-operative Bank of Kenya Limited & another [2016] KEELRC 764 (KLR)
✦ The application for leave to amend the claim and the application for an injunction are both granted. The claimant is ordered to continue servicing the loan at staff rates pending the final determination of the suit.
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Peter Wanjohi Muthee v Bayer East Africa Limited & another [2016] KEELRC 1 (KLR)
✦ The termination was found to be lawful and the claimant's request for compensation and bonus were dismissed.
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Perpetua Mponjiwa v Kenya Airways Ltd & Attorney General [2016] KEELRC 767 (KLR)
✦ The dismissal did not violate her rights and fundamental freedoms, and the respondent followed due process.
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Nicholas Otieno Aloo v G4S Security Services (K) Limited [2016] KEELRC 770 (KLR)
✦ The claimant's summary dismissal was unfair, illegal, and harsh.
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Aviation & Allied Workers Union v Kenya Civil Aviation Authority [2016] KEELRC 527 (KLR)
✦ The Court found the Respondent's implementation of the new salary structures to be incorrect and ordered the Respondent to implement the correct salary placement and pay resultant salary arrears.
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Kenya National Private Security Workers’ Union v P.G. Security Limited [2016] KEELRC 567 (KLR)
✦ The court finds that the Respondent has not disobeyed the court order and denies the contempt application.
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Peter Maina Mwaniki v PCEA Silanga High School & another [2016] KEELRC 578 (KLR)
✦ The Court dismissed the Claimant's suit and set aside the interlocutory judgment.
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Joseph Mulinge Mbivye v Gaye’s Kitchen Limited [2016] KEELRC 498 (KLR)
✦ The Court found in favor of the Respondent, Gaye’s Kitchen Limited, on all issues.