Kenyan case law
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Bernard Simiyu Wanyonyi v Sikima Engineering Services [2020] KEELRC 748 (KLR)
✦ Claimant's employment was terminated unfairly and the respondent is ordered to pay Kshs.56,750.
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Dickson Ochieng’ouma v Kenya Red Cross Society [2020] KEELRC 745 (KLR)
✦ The termination was unlawful and the claimant is entitled to terminal benefits, compensation for unlawful loss of income, and other remedies as per the court's discretion.
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Kenya Union of Commercial, Food and Allied Workers v Tusker Mattresses Limited [2020] KEELRC 751 (KLR)
✦ The Court restrained the respondent from further wage or salary reduction and ordered the release of withheld salaries. The respondent was also directed to renegotiate and consult with the claimant in good faith.
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Paul Mutuku Mulwa v Board of Management Mbooni Boys High School [2020] KEELRC 752 (KLR)
✦ The court found that the claimant was constructively dismissed and the dismissal was unfair and unlawful.
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Enos Ambogo v Sameer Agriculture & Livestock Limited [2020] KEELRC 703 (KLR)
✦ The application is allowed, and the suit is transferred to the Employment and Labour Relations Court Nairobi for hearing and disposal.
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Richard Kipkoech Aiyabei v Agricultural Development Corporation [2020] KEELRC 736 (KLR)
✦ The Court declines to grant the recusal application and orders the application to be reconsidered after the pending ruling.
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Edward Munene Kanyi v Kenyatta University [2020] KEELRC 738 (KLR)
✦ The Claimant was a permanent employee and the termination was unfair.
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John Omole Owuor v Technical University of Kenya [2020] KEELRC 737 (KLR)
✦ Petitioner's rights were violated by the Respondent's discrimination and failure to absorb him into employment.
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Paul Nyandiko Nyakioga v Tandu Alarm Systems Limited [2020] KEELRC 747 (KLR)
✦ The dismissal was unfair and unlawful.
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Mutwiri Titus Erastus v Zhongmei Engineering Group Limited [2020] KEELRC 754 (KLR)
✦ The application is incompetent and is rejected.
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Osman Abdullahi Sheikh v County Government of Garissa [2020] KEELRC 1932 (KLR)
✦ Claimant's petition is dismissed with no orders for costs due to misjoinder of parties
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Linda Ndenengo Mwakugu v Open Society Institute Company Limited [2020] KEELRC 741 (KLR)
✦ Claimant's contract was not constructively renewed, termination was procedurally fair, and no entitlement to relief.
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Delloite Consulting Limited v Patrick Musau Mutua & another [2020] KEELRC 734 (KLR)
✦ The Appellant is allowed the appeal, the decision of the Learned Magistrate is set aside, and an order allowing the objection proceedings is substituted.
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Inter Public Universities Councils Consultative Forum of the Federation of Kenya Employers & 2 others v Kenya Union of Domestic, Hotels, Education Institutions and Hospital Workers (KUDHEIHA); Ministry of Education & 3 others (Interested Parties) [2020] KEELRC 739 (KLR)
✦ The court has the discretion to amend or modify the CBAs before registration, or even reject them if they conflict with the law or guidelines.
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Rosilinda Okanda Oluoch, Macylne Kerubo Mikuro, Julia Njeri Wanjuki, Damaris Katanu Muli, Joyce Wanjiku Njenga, Maureen Mwikali Maema, Monika Wanjiku Irungu, Linet Khasiala Shikoli, Mercy Mwikali Wambua, Peris Wanjiku Kibandi, Monica Wanjiku Ngugi, Daniel Amwayi Eshiwani, Annastacia Syobua Kanuna, Faith Mwende Munyoki, Mary Mumbua Musyoki, Stella Karimi Kinyua, Dinah Kwamboka Omariba, Joyce Wairimu Njeri, Bridget Ngula Mbindyo, Beatrice Wairimu Kamande, Mary Mbatha James, Fridah Kerubo Okirigiti, Angellah Mwende Kikuvi, Evans Magani Indasio, Lucy Njeri Kamau, Florence Mueni Nzau, Veronica Kyalo, Angelina Mueni Muthami, Fenney Kwamboka Miruka, Grace Mumbua Kioko, Ann Wanjiku Kuria, Rose Kamene Musau, Metrine Namalwa Muila, Jaminah Kalekye Muia, Mary Kalondu Musyimi, Leah Mmbone Kivambo, Faith Karimi, Catherine Gacheri Kubania & Phelly Awuor Ambongo v Style Industries Limited (Cause 73 & 37 – 39 of 2018) [2020] KEELRC 727 (KLR) (Employment and Labour) (3 July 2020) (Judgment)
✦ The termination of the Claimants' employment was procedurally unfair and hence null and void, and the Claimants are entitled to compensation.
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Justice D. K. Njagi Marete v Judicial Service Commission; Tribunal to Investigate the Conduct of D. K. Njagi Marete (Proposed 2nd Respondent); Kenya Judges and Magistrates Association (Proposed Interested Party) [2020] KEELRC 743 (KLR)
✦ The Court grants the Petitioner's application to stay the hearing of the matter pending the determination of the application and the petition.
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Edward Abraham Otopi v Creative Consolidated Systems Limited [2020] KEELRC 740 (KLR)
✦ The termination of the claimant's employment was unfair.
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Catherine Mumbi Mbuthia v Perfect Touch Drycleaners Limited [2020] KEELRC 757 (KLR)
✦ The claimant voluntarily resigned from employment, and the Court finds no evidence of wrongful, unfair, or unlawful dismissal. The claimant is not entitled to compensation or pay in lieu of notice.
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Kenya Hotels and Allied Workers Union v Hotel Intercontinental; Kenya Association of Hotel Keepers and Caterers & Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers Union (Interested Parties) (Cause 67 of 2007) [2020] KEELRC 763 (KLR) (Employment and Labour) (3 July 2020) (Ruling)
✦ The application is dismissed with each party bearing their own costs.
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Okiya Omtatah Okoiti v National Executive of the Republic of Kenya & 5 others; Katiba Institute (KI) & 3 others (Interested Parties) [2020] KEELRC 749 (KLR)
✦ The Court determined the petition in favor of the petitioners and ordered the respondents to pay 50% of the costs of the petition.
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Okiya Omtatah Okoiti v County Governments Retirement Scheme & 152 others [2020] KEELRC 726 (KLR)
✦ The Court consolidates Petition No. 213 of 2019 with Petition No. 222 of 2019 and refers the matter to the Chief Justice for empanelling of a bench.
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Daniel Njuguna Chege & 4 others v Tusker Mattresses Limited [2020] KEELRC 558 (KLR)
✦ The motion is dismissed with costs to the Claimants.
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Kenya Medical Practitioners, Pharmacists and Dentists Union v Kenya Hospital Association t/a the Nairobi Hospital [2020] KEELRC 555 (KLR)
✦ Respondent's policy requiring employees to work 45 hours a week without a commensurate increase in pay is contrary to Article 41(1) & (2)(a) & (b) as read with section 10(5) of the Employment Act
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Judy Wacera Njau v Belladonna Pharmacy Ltd [2020] KEELRC 780 (KLR)
✦ The application for stay is granted
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Mercy Njambi v Othaya Villas Co. Limited & another [2020] KEELRC 791 (KLR)
✦ The application is dismissed with costs as the objector has failed to prove legal or equitable right or interest over the proclaimed goods.