Kenyan case law
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Diana Gaceri Kigunda v Kenga Equatorial Hotels Limited [2021] KEELRC 631 (KLR)
✦ The claimant is awarded partial costs of the suit fixed at Kshs. 50,000.00 and judgment is entered for the claimant against the respondent for payment of Kshs. 175,000.00 by 01.12.2021.
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Patrick Kariithi Wahome & 114 others v County Government of Laikipia & another; Transitional Authority & another (Interested Parties) [2021] KEELRC 650 (KLR)
✦ The termination was illegal, null and void, and the claimants are still employees of the 1st and 2nd respondents.
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Joel Opumbi & 30 others v Devki Steel Mills Limited [2021] KEELRC 685 (KLR)
✦ The Court grants the application to amend the Statement of Claim to include the name of Alfred Onchiri, finding the omission to be an honest error by counsel.
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Leonard Uma Asega v Rabadiya Construction Company Limited and Mr. Manu [2021] KEELRC 696 (KLR)
✦ The termination of the claimant's employment was unlawful and unfair, and he is entitled to compensation.
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Charles Chebon Kiptoo v Goldox Kenya Limited [2021] KEELRC 657 (KLR)
✦ The court finds the claimant was dismissed without valid reason and the termination was unfair and unjustified.
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Charles Kyalo Munywoki v Greenlife Crop Protection Africa Limited [2021] KEELRC 698 (KLR)
✦ The claimant's claim fails as he did not prove he achieved the required sales of Kshs 7.5 million per month, nor did he collect the proceeds of the sales.
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Felix Ndereba Mwangi v Barclays Bank of Kenya Limited (Cause 466 of 2018) [2021] KEELRC 677 (KLR) (21 October 2021) (Ruling)
✦ The application is disallowed with costs, and the interim orders are vacated.
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Kenya National Private Security Workers Union v G4s Kenya Limited [2021] KEELRC 655 (KLR)
✦ The termination was found to be unfair and unjustified due to lack of evidence regarding the grievant's actions at the bank.
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Daniel Obata Osemo v Exon Investments Limited [2021] KEELRC 701 (KLR)
✦ The lower court's ruling is set aside, and the Respondent is ordered to pay the outstanding balance of the decretal sum, plus interest, by two equal monthly instalments with effect from 1st November 2021.
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Mwampembwa v Nation Media Group Limited (Miscellaneous Application 50 of 2020) [2021] KEELRC 2426 (KLR) (21 October 2021) (Judgment)
✦ The Court finds that the applicant is challenging the arbitral award on appealable issues of law disguised as an application to set aside under Section 35(2)(b)(ii) of the Arbitration Act, 1995.
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Daniel Kianga Kimeu & 2 others v Milly Glass Works Limited [2021] KEELRC 707 (KLR)
✦ The Court found that the Respondent did not comply with the mandatory conditions set out under Section 40 of the Employment Act, and thus the redundancy was unlawful.
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Kenya Engineering Workers Union v Kenya General Industries Limited [2021] KEELRC 723 (KLR)
✦ The Claimant's claim fails and is disallowed.
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James Kioko Mwanthi & 12 others v Athi River Shalom Community Hospital (Cause 1062 of 2017) [2021] KEELRC 690 (KLR) (Employment and Labour) (21 October 2021) (Judgment)
✦ The Court finds that the claimants were employees of the respondent and that their termination was unfair and unlawful.
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Robert Momanyi v Catholic University of Eastern Africa [2021] KEELRC 732 (KLR)
✦ The Court finds that the dismissal was unfair and orders compensation of 2 months' salary and costs of the suit.
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James Muriithi Njogu v Office of the Director of Public Prosecutions Advisory Board [2021] KEELRC 653 (KLR)
✦ The Petitioner's claims are dismissed.
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John Nyauma Ombati v Sotik Tea Co. Ltd (Appeal 8 of 2018) [2021] KEELRC 647 (KLR) (19 October 2021) (Ruling)
✦ The application for stay of execution is allowed on condition that the applicant deposits the entire decretal sum in an interest earning account held in joint names of the counsels on record within 30 days.
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Josephine Nyongesa Nanjala v Roan Patel/ Kosyin Hardware [2021] KEELRC 2373 (KLR)
✦ The Court found the termination of the employment contract to be lawful and denied the Claimant's claims for compensation and terminal dues.
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Julius Kipchirchir Rotich v County Government of Uasin Gishu [2021] KEELRC 2365 (KLR)
✦ The dismissal was found to be unfair and disproportionate, and the Claimant is ordered to be compensated with 12 months' salary and one month's salary in lieu of notice.
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Josephat Kipkemboi Rotich v County Government of Uasin Gishu & 3 others [2021] KEELRC 2377 (KLR)
✦ The application is allowed, and the applicant is reinstated into service and awarded costs.
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Joseph Muka Khabonekha v Turaco Limited [2021] KEELRC 660 (KLR)
✦ The court found the termination to be unfair and unlawful, and awarded the claimant compensation and other remedies.
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Maureen Onsongo v EOH Limited an EOH/Copy Cat Limited Company (Cause 189 of 2020) [2021] KEELRC 676 (KLR) (Employment and Labour) (18 October 2021) (Ruling)
✦ The suit shall not be struck out due to misjoinder of parties
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Samuel Kimani Mbugua v Broadfocus Consulting Limited [2021] KEELRC 759 (KLR)
✦ The termination was unfair and unprocedural, and the Claimant is awarded compensation and unpaid salary.
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Kenya Union of Commercial Food & allied Workers vs Turner Bakers & Hatfield (1968) Limited [2021] KEELRC 2369 (KLR)
✦ The Court orders the Union to resubmit the list of members recruited and the draft recognition agreement for verification and confirmation by the respondent.
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Kollengode Venkatachala Lakshminarayan v KSC International Limited (On Behalf of the Liquidator) [2021] KEELRC 743 (KLR)
✦ The termination was not justified by a valid reason and the procedure followed was not fair.
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Bernard Ouma Babu v White Space Technologies Limited (Cause 203 of 2020) [2021] KEELRC 766 (KLR) (Employment and Labour) (15 October 2021) (Ruling)
✦ The Court orders the Claimant's application for contempt of court declined and the dispute to proceed substantively under clause 22 of the shareholders' agreement.