Kenyan case law
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Ogembo Tea Factory Company Ltd v John Mosera Obiero (Appeal 34 of 2018) [2019] KEELRC 679 (KLR) (7 October 2019) (Judgment)
✦ The court finds that the trial magistrate erred in not finding that the suit was time barred and that the trial court lacked jurisdiction to entertain the same.
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Noor Mohamed v Dynamic Chemicals Limited [2019] KEELRC 563 (KLR)
✦ The termination was unfair and the Respondent was in breach of contract/statute.
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Kenya Union of Commercial Food and Allied Workers v Marumi Farmers Co-op Society Limited [2019] KEELRC 708 (KLR)
✦ The Grievant was dismissed for good cause due to dishonesty and misconduct, and the court orders the Respondent to pay Kshs. 225,055.95 to the Grievant.
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Samuel Lewis Jomo Nyakweba & 3 others (Suing as representative of the 58 applicants) v Secretary Public Service Board Nyamira County & 4 others; Ethics and Anti-Corruption Commission (Interested Party) [2019] KEELRC 550 (KLR)
✦ The court dismissed the claimants' application for a permanent injunction and arrear salaries.
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Arthur Kawino v Population Services Internaitonal (PSI) [2019] KEELRC 465 (KLR)
✦ The court finds merit in the application and reinstates the claim for hearing and disposal in Kenya.
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Salome Munubi & 3 others v Muhammad Swazuri & 2 others; Emmanuel Busera (Interested Party); Kabale Tache Arero (Contemnor) [2019] KEELRC 703 (KLR)
✦ The court finds that the applicants approached the court properly and that Kabale Tache Arero is in contempt of the court's judgment.
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Republic v Public Service Commission & another Ex parte Joel Kaithia Mathiu [2019] KEELRC 700 (KLR)
✦ The motion is dismissed with no order as to costs.
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Allan Boesack Onyango v The Ewaso Ng’iro North Development Authority & 2 others [2019] KEELRC 723 (KLR)
✦ The proceedings are struck out with no order as to costs due to the unqualified status of the person who drew the proceedings.
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Kenya National Private Security Workers Union v S & I Security Limited [2019] KEELRC 2607 (KLR)
✦ The Court awards the grievant Mr. Julius Kibor the sum of Kshs. 297,921/= on account of underpayment of wages.
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Charles Langat v Colas East Africa Limited [2019] KEELRC 671 (KLR)
✦ The court dismisses the application to review the order regarding costs and not to award costs to the claimant.
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Mary Musimbi v Board of Trustees, Raira Coffee Estate (K.I.S.T) [2019] KEELRC 562 (KLR)
✦ The application is dismissed with no order for costs
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Kenya Engineering Workers Union v Hebatullah Brothers Limited [2019] KEELRC 699 (KLR)
✦ The Court found that the Respondent had not denied the existence of a Recognition Agreement and that the dispute was premature as a Conciliator was appointed and the claimant came to court before the Conciliator concluded the matter.
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Philip Amani Mwinga v Corrugated Sheets Limited [2019] KEELRC 728 (KLR)
✦ The claims for compensation and notice pay are dismissed. The Claimant is awarded leave pay for 4 years and prorata leave for 10 months.
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Mose Mbayisi Isabwa v Mini Bakers (Nairobi) Limited [2019] KEELRC 2608 (KLR)
✦ termination was unfair
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Rebecca Wanjiku Mathenge v Alphine Insurance Brokers Limited [2019] KEELRC 719 (KLR)
✦ The Court finds that the Claimant did not prove a case of constructive dismissal and thus denies the claim.
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Paul Gitari v Board of Management Kanyakine High School [2019] KEELRC 724 (KLR)
✦ The court dismisses the objection and stands down the witness who was sworn in as he is not a proper witness and thus cannot testify. The defence's case is closed.
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Cevine Otieno Owino v Coast Bus (Msa) Limited [2019] KEELRC 701 (KLR)
✦ The termination was procedurally unfair and the Claimant is entitled to compensation as per Section 49 of the Employment Act.
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Dedan N. Wanjohi v Kenya Revenue Authority [2019] KEELRC 735 (KLR)
✦ The court allows the applicant's application and reinstates the earlier application, directing the applicant to take action towards prosecuting it without further delay.
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Purity Njeru Kathenya & 2 others v Tharaka Nithi County Government & another [2019] KEELRC 715 (KLR)
✦ The claims are dismissed as the suits were filed prematurely and should have been raised with the Public Service Commission.
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Kennedy Jilo Mungatana v National Hospital Insurance Fund Board of Management [2019] KEELRC 702 (KLR)
✦ The Claimant's employment was unfairly terminated due to misappropriation of funds.
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Paul Gitari v Board of Management Kanyakine High School [2019] KEELRC 718 (KLR)
✦ The objection to service of pleadings is overruled as the documents were served on the Claimant's advocate's clerk, and the Claimant is expected to prepare for the hearing.
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Aggrey Murumba Namisi & 13 others v Teachers Service Commission & another; Kenya National Union of Teachers & another (Interested Parties) [2019] KEELRC 750 (KLR)
✦ The Court declined to grant ex-parte orders and directed that the Respondents and Interested Parties be served.
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Isaac Lumumba Omega v John Kahita t/a Karen Auto Mart [2019] KEELRC 503 (KLR)
✦ The claim is dismissed as there is no evidence of an employment relation between the Claimant and the Respondent.
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Dennis Kiprono v Inilever Kenya Limited [2019] KEELRC 688 (KLR)
✦ The Court finds the termination unfair and unlawful, and awards the Claimant 12 months salary as compensation, 40 days leave, and costs of the suit.
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Kenya National Union of Nurses v Council of Governors & another [2019] KEELRC 756 (KLR)
✦ The circular is quashed and stayed pending the main suit.