Kenyan case law
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Omar Mohammed Ibrahim v Secretary, Public Service Commission & 2 others [2017] KEELRC 722 (KLR)
✦ The employment of the claimant as the Assistant chief of Haroresa sub-location in Tana River District was terminated unlawfully and unfairly.
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Benard Mbaru Mburu v National Police Service Commission [2017] KEELRC 708 (KLR)
✦ The court found that the procedure followed by the respondent in vetting and removing the petitioner violated the rules of natural justice.
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Anthony Lusenaka Namunyu v Africa PS Firms Development Company Limited [2017] KEELRC 734 (KLR)
✦ The court awards the claimant one month's salary in lieu of notice, salary arrears, and compensation for unlawful termination.
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Paul Mungai Mbugua v Registred Trustees of Presbyteria University of East Africa [2017] KEELRC 683 (KLR)
✦ Claimant is entitled to a total of Kshs.7,701,240 less tax, including gratuity, acting allowance, notice pay, leave arrears, and salary arrears.
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Marie Claire Bisamaza v Regional Centre on Small Arms in the Great Lakes Region, the Horn of Africa and Boardering States (RECSA) [2017] KEELRC 692 (KLR)
✦ The Court denied the Claimant's request for reinstatement but allowed the injunction to prevent the Respondent from advertising for the position.
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Lilian Khayere v New Day Academy [2017] KEELRC 745 (KLR)
✦ The Court finds the termination unlawful and unfair, and awards compensation including three months' salary, one month's notice pay, house allowance, and salary arrears.
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Patriotic Guards Limited v James Kipchirchir Sambu [2017] KEELRC 700 (KLR)
✦ Order for stay of execution pending appeal, conditional on deposit of security
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Kenya Chemical and Allied Workers Union v Tata Chemicals Magadi Limited & another [2017] KEELRC 736 (KLR)
✦ The application for review is dismissed, and the application for joinder is also dismissed.
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Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and allied Workers v Board of Governors Kirinyaga Technical Institute & another [2017] KEELRC 749 (KLR)
✦ The Objector's application is overruled, and the interim orders are vacated. The Objector is not a stranger to the proceedings and must carry the liabilities of the former Institute.
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Rafael Mendes Araujo v Rift Valley Railways (Kenya) Limited [2017] KEELRC 695 (KLR)
✦ The court allows the application for cross-examination of the claimant's replying affidavit
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Aaron Safari Mutinda v Abe-Tec (E.A) Limited [2017] KEELRC 747 (KLR)
✦ The relationship between the parties was commercial in nature and did not give rise to an employment relationship.
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Emmanuel Mokoro v Permanent Secretary Office of The Prime Minister & 2 others [2017] KEELRC 689 (KLR)
✦ The stoppage of salary was illegal and malicious. The Claimant is entitled to Kshs.762,000/= withheld salaries plus Kshs.200,000/= as damages.
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John K Biiy v Seth Panyako & 5 others [2017] KEELRC 702 (KLR)
✦ The strike of June 5, 2017 is declared illegal, and the court grants the following orders: injunctions to restrain the interested parties from interfering with the smooth running of health care services and ongoing negotiations, reinstatement of the Claimant in the Negotiating Team of the CBA, and immediate effect of the orders with a maximum delay of 7 days.
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Kelvin Karungu Karanja v Tusker Mattresses Limited [2017] KEELRC 746 (KLR)
✦ The application for stay of execution and nullification of the warrant of attachment is allowed. The Claimant's Advocates will meet the auctioneer's charges.
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Judith Munyasa v Esther Kadondi [2017] KEELRC 678 (KLR)
✦ Claimant is entitled to 1 month's salary in lieu of notice, 10 years service pay, and 6 months salary as damages for unlawful termination.
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Republic v Kenya Revenue Authority Ex parte Paul Makokha Okoiti [2017] KEELRC 735 (KLR)
✦ The application to set aside the ruling is dismissed with costs
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Kenya National Private Security Workers Union v Lavington Security Limited [2017] KEELRC 699 (KLR)
✦ The Court referred the parties to the Conciliator to verify the check-off forms and remittances, and to find out gaps in the remittances as alleged by the Claimants.
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Kenya Hotels and Allied Workers Union v Grand Regency Hotel & 2 others [2017] KEELRC 778 (KLR)
✦ The application for recusal of Judge Nduma is refused.
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Atik v Registrar of Trade Unions & 4 others (Cause 2107 of 2016) [2017] KEELRC 779 (KLR) (25 August 2017) (Ruling)
✦ The application is dismissed with costs to be borne by the claimant/applicant.
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Kenya Union of Domestic, Hotels,Educational Institutions, Hospitals & Allied Workers (KUDHEIHA) v German Point Limited [2017] KEELRC 773 (KLR)
✦ The preliminary objection is misconceived and is dismissed with costs to the claimant.
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Jotham Kanja Mwai & another v Musiara Ltd. (Governors Camp) [2017] KEELRC 774 (KLR)
✦ The application for stay of execution is declined with costs to the claimants.
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Judd Murigi Kiarie v SBG Securities Limited (Formerly Known as) CFC Stanbic Financial Services Limited [2017] KEELRC 776 (KLR)
✦ The preliminary objection is dismissed with costs in the cause.
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Dan Jackson Irungu Kariuki v Chairman Board of Governors Rift Valley Academy [2017] KEELRC 784 (KLR)
✦ The termination of the Claimant's employment was substantively and procedurally unfair, and he is entitled to compensation.
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Kenya Chemical Workers Union v General Plastics Limited [2017] KEELRC 782 (KLR)
✦ The Court finds that the work shifts adopted by the Respondent are in violation of clause 2 of the CBA.
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Elizabeth Osiche Apwora v National Bank of Kenya [2017] KEELRC 785 (KLR)
✦ The termination of the Claimant's employment was not lawful and fair.