Kenyan case law
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Adam v Japan International Co-operation Agency (Employment and Labour Relations Cause 559 of 2017) [2023] KEELRC 2986 (KLR) (17 November 2023) (Ruling)
✦ The respondent’s Notice of Preliminary Objection and Grounds of Opposition are not merited, and the application is therefore merited.
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Inyani v Promasidor Kenya Limited (Employment and Labour Relations Cause E001 of 2021) [2023] KEELRC 2948 (KLR) (17 November 2023) (Judgment)
✦ The Court finds the dismissal procedurally fair and substantively just, and dismisses the claimant's case with costs.
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Molla v Kenya Women and Children Wellness Centre & another (Cause 328 of 2019) [2023] KEELRC 2934 (KLR) (17 November 2023) (Judgment)
✦ The Court upholds the respondent's case and finds that the termination was not unfair. The claimant is not entitled to 5 years' salary and gratuity.
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Guantai v Lake Turkana Wind Power Ltd (Employment and Labour Relations Cause E967 of 2021) [2023] KEELRC 2978 (KLR) (17 November 2023) (Judgment)
✦ The court finds the claimant was unfairly terminated on October 22, 2021, and awards her damages equivalent to three months' salary.
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Erastus v Zhongmei Engineering Group Limited & another; Attorney General (Interested Party) (Cause 2449 of 2017) [2023] KEELRC 2946 (KLR) (17 November 2023) (Judgment)
✦ The claimant is awarded Kshs.40,000 less PAYE by December 31, 2023, and costs of the suit.
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Kenya Medical Practitioners Pharmacists and Dentists Union & another v Salaries and Remuneration Commission & 4 others; 47 County Government Public Service Boards & 56 others (Interested Parties) (Employment and Labour Relations Petition E006 of 2023 & Petition 048 of 2023 (Consolidated)) [2023] KEELRC 2964 (KLR) (17 November 2023) (Judgment)
✦ The dispute is justiciable in so far as the court is being called to determine whether the SRC acted ultra vires and overstepped its mandate in proposing to abolish payment of Non-Practice Allowance in the public service.
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Wasike v Livingstone Security Ltd (Employment and Labour Relations Cause E2325 of 2017) [2023] KEELRC 2980 (KLR) (17 November 2023) (Ruling)
✦ The court will give the claimant an opportunity to reinstate his case and set it down for hearing within 30 days.
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Kenya Broadcasting Corporation v Kasisi & 10 others (Suing in a Representative Capacity in Respect of 257 Employees of Kenya Broadcasting Corporation); Viewline Auctioneers (Interested Party) (Cause 845 of 2017) [2023] KEELRC 3121 (KLR) (17 November 2023) (Ruling)
✦ The application is dismissed without merit.
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Covenant Guest House v Karani (Employment and Labour Relations Appeal E019 of 2022) [2023] KEELRC 2977 (KLR) (17 November 2023) (Judgment)
✦ The court found the trial court erred in finding the termination was fair and lawful.
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Khisa v Kenya Plantation and Agricultural Workers Union (Petition E25 of 2023) [2023] KEELRC 2943 (KLR) (17 November 2023) (Ruling)
✦ The preliminary objection is dismissed with costs, and the matter is directed for further directions for expeditious determination of the petition.
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Njuguna v K-Unity Savings & Credit Co-operative (Employment and Labour Relations Cause 265 of 2018) [2023] KEELRC 2984 (KLR) (17 November 2023) (Judgment)
✦ The dismissal was found to be unfair and unlawful as the Respondent failed to prove a substantive reason and did not follow due procedure.
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Wanyama v Aristocrats Concrete Ltd (Employment and Labour Relations Cause 1077 of 2017) [2023] KEELRC 2945 (KLR) (17 November 2023) (Judgment)
✦ The Court finds the contract to be a month-to-month contract. The termination was abrupt and without due notice, and unfair.
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Mwangi & 20 others v Barclays Bank of Kenya Limited & another (Constitutional Petition 25 of 2016) [2023] KEELRC 2922 (KLR) (16 November 2023) (Ruling)
✦ The application is allowed only in terms of prayer (iv) and (v). Costs of this application shall be borne by the Applicant.
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University of Nairobi v Kenya Union of Domestic Hotels Educational Institutions & Hospital Workers & another; Iminti & 72 others (Interested Parties) (Cause E722 of 2022) [2023] KEELRC 2926 (KLR) (16 November 2023) (Judgment)
✦ The provision for gratuity in the CBA for 2013-2017 shall not apply retrospectively.
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Republic v Permanent Secretary, Internal Security, Office of the President & 3 others (Judicial Review E031 of 2023) [2023] KEELRC 2905 (KLR) (16 November 2023) (Ruling)
✦ The Court dismisses the motion for Mandamus as the Applicant has not demonstrated a failure to honor a judgment.
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Matseshe v Busia Sugar Industry (Petition E008 of 2022) [2023] KEELRC 2906 (KLR) (16 November 2023) (Judgment)
✦ Court holds that Petitioner was not an employee of Respondent, and Petitioner's claim for constructive dismissal is dismissed.
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Kenya National Private Security Workers Union (KNPSWU) v Factory Guards Limited (Cause 941 of 2018) [2023] KEELRC 2929 (KLR) (16 November 2023) (Ruling)
✦ The motion for reinstatement of the dismissed motion is allowed
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Mulwa v Kenya Film Commission (Employment and Labour Relations Cause E528 of 2021) [2023] KEELRC 3102 (KLR) (16 November 2023) (Judgment)
✦ The termination of the Claimant’s employment was by the Respondent and was not fairly done.
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Transport Workers Union v Green Hills Investment Limited (Cause 58 of 2016) [2023] KEELRC 2907 (KLR) (16 November 2023) (Ruling)
✦ The Respondent's Notice of Motion is not an application for review but an invitation to the Court to have a second look at a case on which it has already rendered itself.
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Wanjohi v Public Service Commission & another (Petition E116 of 2022) [2023] KEELRC 2914 (KLR) (16 November 2023) (Judgment)
✦ The court found the transfer unfair and illegal.
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Musya t/a Makuri Auctioneers v Tamarind Management Ltd (Miscellaneous Case E037 of 2021) [2023] KEELRC 2957 (KLR) (16 November 2023) (Ruling)
✦ The Ruling of Hon. Lesootia Saitabau, Deputy Registrar, delivered on 27th September 2021 and any resultant certificate of costs are hereby set aside.
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K B Sanghani & Sons v Achola (Appeal E074 of 2023) [2023] KEELRC 3078 (KLR) (16 November 2023) (Judgment)
✦ Employment terminated on 6 June 2019, and the respondent is entitled to notice pay of Ksh. 7,000.
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Universities Academic Staff Union Egerton Chapter/Branch v Egerton University & 2 others; Board of Trustees, Egerton University Retirement Benefits Scheme & 2 others (Interested Parties) (Cause E020 of 2023) [2023] KEELRC 2927 (KLR) (16 November 2023) (Ruling)
✦ The court ruled that the Hon. Justice D.N. Nderitu should be disqualified from hearing the case.
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Gona & another v Athi River Mining PLC (Formerly Known As Athi River Mining Limited) (Cause 336 of 2018) [2023] KEELRC 2947 (KLR) (16 November 2023) (Judgment)
✦ The Court found the termination of the 1st Claimant’s employment on account of redundancy to be unfair.
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Mutuah v Tracom Services Limited (Cause E767 of 2021) [2023] KEELRC 2917 (KLR) (16 November 2023) (Judgment)
✦ The Court orders the Respondent to pay the Claimant Kshs. 8,963,154.92 in unpaid commissions after deducting Kshs. 261,661.66 due from the Claimant.