Kenyan case law
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Paul Musyoka Kimatu v Ultimate Engineering Limited [2017] KEELRC 787 (KLR)
✦ The Court has no jurisdiction to grant the orders sought by the Claimant. The application is therefore dismissed with no order for costs.
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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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Elizabeth Osiche Apwora v National Bank of Kenya [2017] KEELRC 785 (KLR)
✦ The termination of the Claimant's employment was not lawful and fair.
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David Gatobu Marete & 16 others v Consolidated Bank of Kenya Limited [2017] KEELRC 786 (KLR)
✦ The Court finds the claim statute barred and strikes it out with no order for costs.
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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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Patrick Owino Odawa v Allpark Industries Limited [2017] KEELRC 793 (KLR)
✦ The application is allowed, the decision dismissing the suit is set aside and the matter is reinstated
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Rahab Wothaya Esiromo & 7 others v Blue Shield Insurance Company Limited & 2 others [2017] KEELRC 803 (KLR)
✦ The application for stay of execution is dismissed with costs.
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Mercy Machiya v African Population and Health Research Centre (APHRC-K) [2017] KEELRC 821 (KLR)
✦ The termination of employment was unlawful and unfair due to the failure to follow internal procedures and provide proper notice.
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Mwakai Kikonde Sio v Kenya Utalii College & another [2017] KEELRC 823 (KLR)
✦ The court accepts the employer's claim of a gross monthly salary of Kshs.309,990 and awards the petitioner Kshs.3,719,880 as the equivalent of twelve months gross salary payable to the claimant as at the time of termination.
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Banking Insurance and Finance Union (Kenya) v Barclays Bank of Kenya Limited [2017] KEELRC 796 (KLR)
✦ Application is dismissed with costs
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Gordon Ogolla Odhiambo v Board of Governors of St. Mary’s School, Yala (Cause 96 of 2012) [2017] KEELRC 814 (KLR) (Employment and Labour) (18 August 2017) (Judgment)
✦ The contract was converted to a permanent employment protected under the Employment Act, and the termination was wrongful and unfair.
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Kenneth Mwangi Njoroge v Attorney General & 2 others [2017] KEELRC 282 (KLR)
✦ The court finds the petitioner's petition to be filed in contravention of the Employment and Labour Relations Court (Procedure) Rules, 2016, and thus does not address the substantive issues raised.
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Godfrey Gitoto Ochieng & 6 others v Hydrobuild Construction Company Limited & another [2017] KEELRC 434 (KLR)
✦ The application is dismissed as the respondents failed to meet the requisite threshold for a review application and the application mutated between an application seeking for stay of execution and review.
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Banking, Insurance & Finance Union (Kenya) v Co-operative Bank of Kenya Ltd [2017] KEELRC 414 (KLR)
✦ The court finds that reinstatement is not appropriate due to significant changes in the respondent's business since the dismissal. The court awards compensation for 6 months gross pay and notice pay to each grievant.
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Wanyangah v Market Development Trust t/a Kenya Markets Trust (Cause 2300 of 2016) [2017] KEELRC 378 (KLR) (10 August 2017) (Judgment)
✦ The court found that the termination of the claimant's employment was not fair and just, and ordered the respondent to pay damages.
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Lorna Adhiambo Aling v Safi International AS [2017] KEELRC 128 (KLR)
✦ The court held that the petitioner was a consultant and not an employee, and thus there was no employment relationship.
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John Wainaina Karanja & 5 others v Director General National Youth Service & 2 others [2017] KEELRC 1985 (KLR)
✦ The claim and applications are hereby dismissed. Each party to bear own costs.
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Douglas Mudave Luseno v Maasai Mara University [2017] KEELRC 830 (KLR)
✦ The court will determine whether the termination of the employment was lawful and fair upon hearing the suit on the merits
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Augustine Mutembei Marangu v Inspector General of Police & 3 others [2017] KEELRC 834 (KLR)
✦ The court finds that the petitioner was afforded every opportunity to be heard and that the allegations against him were not without basis. The disciplinary process was not in violation of the petitioner's rights.
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Alex Kidagi v Jonathan Petrol Station Limited [2017] KEELRC 835 (KLR)
✦ The application to set aside the judgment is dismissed with costs.
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Bridget Karwitha v Douglas Warui t/a Link-Up Services [2017] KEELRC 822 (KLR)
✦ The termination was unlawful and the claimant is entitled to compensation and terminal benefits.
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Daniel Otieno Nyamuti v Trans Oceanic Projects and Developments Kenya Limited [2017] KEELRC 831 (KLR)
✦ The court adopts the settlement agreement and the suit is marked as settled with each party bearing their own costs.
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Republic v Kenyatta International Convention Centre Exparte Maurice Adongo Anyango [2017] KEELRC 847 (KLR)
✦ The application for Judicial Review fails and is dismissed with costs to the Respondent.
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Lawrence Tirop Yator & another v Postal Corporation of Kenya [2017] KEELRC 871 (KLR)
✦ The Court dismisses the review application and orders the stay of execution in Nakuru Cause No. 240 of 2013 to be lifted.
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Ruth Wambui Mwangi & another (suing as the Legal Representatives of the Estate of Joseph Wangai Muray v Alfarah Wholesalers Limited [2017] KEELRC 870 (KLR)
✦ The Court allows the motion and orders the respondent to pay the applicants a sum of Kshs. 1,920,000.00 plus interest from 19 August, 2015 to date of full payment.