Kenyan case law
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Kenya National Private Security Workers Union v Midal Group Kenya Limited (Employment and Labour Relations Cause E044 of 2023) [2024] KEELRC 2811 (KLR) (14 November 2024) (Judgment)
✦ The court finds the dismissal of the grievant was unfair and unjustified, and awards compensation for one month's salary in lieu of notice, compensation for unfair termination, 11 days' salary for days worked but not paid, underpayment of salary, and leave not taken.
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Henry & 4 others v County Government of Vihiga (Employment and Labour Relations Cause 36 of 2023) [2024] KEELRC 2852 (KLR) (14 November 2024) (Judgment)
✦ The Court finds that the claimants are employees of the respondent and that their rights were violated. The claimants are awarded salary arrears and interest.
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Banking Insurance and Finance Union v Unaitas Sacco Society Ltd (Cause 328 of 2022) [2024] KEELRC 2797 (KLR) (14 November 2024) (Judgment)
✦ The court finds the Respondent's position without legal basis and orders the deduction and remittance of union dues.
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Hassani v Kenya Ports Authority (Cause E042 of 2023) [2024] KEELRC 2792 (KLR) (14 November 2024) (Judgment)
✦ The court finds the respondent adhered to its internal disciplinary procedures and valid reasons for termination of employment, thus dismissing the claim.
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Rono v Kenyatta International Convention Centre (Cause 8 of 2020) [2024] KEELRC 2804 (KLR) (14 November 2024) (Judgment)
✦ The Court found the dismissal unlawful and unfair, and the employer failed to provide a fair disciplinary procedure.
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Paul Mwangi & Company Advocates v PVR Rao (Receiver of Athi River Steel Plant Limited in Receivership) & another (Miscellaneous Cause E218 of 2023) [2024] KEELRC 13300 (KLR) (14 November 2024) (Ruling)
✦ The Motion is dismissed with costs
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Mugo v Chase Bank (Kenya) Limited (Cause 730 of 2015) [2024] KEELRC 2813 (KLR) (14 November 2024) (Judgment)
✦ The Claimant's employment was not terminated by the Respondent but instead he voluntarily resigned.
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Olulo v Digital Communications Systems Ltd (Cause E016 of 2020) [2024] KEELRC 13284 (KLR) (14 November 2024) (Ruling)
✦ The Court dismisses the Notice of Preliminary Objection as without merit
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Nyakeriga v Kisii County, Chief Officer Finance & 4 others (Judicial Review E031 of 2024) [2024] KEELRC 2782 (KLR) (13 November 2024) (Ruling)
✦ The ex parte applicant's Notice of Motion succeeds in relation to prayer No.5, that the Kisii County Chief Ocer Finance and the County Secretary shall pay the sum of Kshs.210,000.00 award in Kisii MCELRC No. 033 of 2021 as per the Decree dated 18th October, 2023 within 45 days.
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Muga v Sagala General Construction Limited (Miscellaneous Application E002 of 2023) [2024] KEELRC 2757 (KLR) (11 November 2024) (Ruling)
✦ The application is dismissed as the applicant has not notified his advocates or obtained consent to be represented by new advocates.
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Okuro & 7 others v Onudi (Petition 5 of 2018) [2024] KEELRC 2842 (KLR) (11 November 2024) (Ruling)
✦ The application by the petitioners is dismissed with costs to the respondents.
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Mchama v County Government of Mombasa & another; Kenya County Government Workers Union (Interested Party) (Cause E008 of 2024) [2024] KEELRC 2763 (KLR) (11 November 2024) (Judgment)
✦ The respondents did not unlawfully fail to promote the claimant and did not unlawfully fail to pay his acting allowances.
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Mwandale v Integrated Science and Engineering Projects Ltd (Cause 1618 of 2018) [2024] KEELRC 2756 (KLR) (11 November 2024) (Ruling)
✦ The judgment entered on March 28, 2024, is set aside as an irregular default judgment due to the defective affidavit of service.
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Nyaga & 78 others v Barclays Bank of Kenya Limited (Cause 1122 of 2018) [2024] KEELRC 2766 (KLR) (11 November 2024) (Judgment)
✦ The Court dismissed the Respondent's counterclaim and upheld the Claimants' VES.
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Republic v County Government of Meru & 4 others; Mucheke (Exparte Applicant) (Judicial Review Application E003 of 2024) [2024] KEELRC 2764 (KLR) (8 November 2024) (Judgment)
✦ The court allows the application and orders the respondents to pay the applicant the decretal sum of Kshs. 3,107,863.10 and costs of Kshs. 196,307.26, plus interest at court rates.
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Bunde & 10 others v Family Health Options Kenya (Employment and Labour Relations Cause E161 of 2023) [2024] KEELRC 2776 (KLR) (8 November 2024) (Ruling)
✦ Application dismissed as Respondent has not shown proof of contempt
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Ojango v Kenya Revenue Authority (Miscellaneous Application E049 of 2024) [2024] KEELRC 2767 (KLR) (8 November 2024) (Ruling)
✦ The Respondent's preliminary objection is dismissed with costs to the Applicant.
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Kenya Union of Commercial, Food and Allied Workers v Marumi Farmers Cooperative Society Limited (Employment and Labour Relations Cause E011 of 2023) [2024] KEELRC 2755 (KLR) (8 November 2024) (Ruling)
✦ The application is dismissed with costs to the claimant as the award of costs was not an error apparent on the face of the record.
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Ebisa Hotel v Musyoka (Appeal E139 of 2023) [2024] KEELRC 2768 (KLR) (8 November 2024) (Ruling)
✦ The Court grants the stay of execution of the trial court's judgment pending the hearing and determination of the appeal, on condition that the Appellant/Applicant deposits the Judgment sum of Kshs.386,680/= within 14 days of this ruling.
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Githui v Focus Management Solutions & another (Cause E011 of 2021) [2024] KEELRC 2780 (KLR) (8 November 2024) (Judgment)
✦ The Court finds it lacks jurisdiction to determine the dispute and dismisses the suit with no order as to costs.
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Kenya Union of Commerial Food and Allied Workers v Linco Stores Limited (Employment and Labour Relations Cause E021 of 2023) [2024] KEELRC 2762 (KLR) (8 November 2024) (Judgment)
✦ The grievant's termination was unfair and unlawful, and the claimant is entitled to compensation for unfair termination.
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Republic v County Government of Meru & 4 others; Misheck (Exparte Applicant) (Judicial Review Application E002 of 2024) [2024] KEELRC 2760 (KLR) (8 November 2024) (Judgment)
✦ The court allows the application and enters judgment for the applicant, compelling the respondents to pay the decretal sum and costs, with interest.
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Gichuru v Emmanuel Trading Company Limited (Employment and Labour Relations Appeal E023 of 2023) [2024] KEELRC 2758 (KLR) (8 November 2024) (Judgment)
✦ The trial court erred in dismissing the claims for salary underpayment, overtime, leave, public holidays worked, and housing allowance on account of limitation of actions under section 90 of the Employment Act. The appellant is entitled to Kshs. 160,115.67 as underpaid salary and Kshs. 3,172.05 as housing allowance.
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Abajillo v Principal Secretary, Ministry of Interior & Coordination of National Government & 6 others (Employment and Labour Relations Petition E001 of 2024) [2024] KEELRC 2761 (KLR) (8 November 2024) (Judgment)
✦ The recruitment of the 5th Respondent as Chief Township location is unconstitutional, illegal, unreasonable, irrational, procedurally unfair and therefore a nullity.
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Kenya Medical Practitioners, Pharmacists and Dentists Union v Laikipia County Service Public Board & 2 others (Judicial Review Application E001 of 2024) [2024] KEELRC 2759 (KLR) (8 November 2024) (Judgment)
✦ The court issues an order of mandamus compelling the respondents to pay the applicant the sum of Kshs. 15,000,000 and awards costs of the application.