Kenyan case law
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Republic v County Assembly of Siaya Service Board & 2 others; Olwero (Exparte Applicant) (Judicial Review E037 of 2023) [2023] KEELRC 2932 (KLR) (16 November 2023) (Ruling)
✦ The Applicants/Respondents have not proved a case for setting aside the stay orders. The motion is dismissed with costs.
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Amalgamated Union of Kenya Metal Workers v Kenya Coach Industries Limited (Employment and Labour Relations Cause E506 of 2021) [2023] KEELRC 2915 (KLR) (16 November 2023) (Judgment)
✦ The court declared the redundancy exercise a nullity, but allowed the Respondent to re-institute the process as long as it observed the law.
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Muraya v Nairobi Water & Sewerage Company Limited (Cause E455 of 2023) [2023] KEELRC 2910 (KLR) (16 November 2023) (Ruling)
✦ The Court declines to assume jurisdiction and dismisses the Claimant's claim and Notice of Motion as they have been brought prematurely.
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University Academic Staff Union (UASU) v Kisii University; Ministry of Labour and Social Protection & another (Interested Parties) (Miscellaneous Case E085 of 2023) [2023] KEELRC 2904 (KLR) (16 November 2023) (Ruling)
✦ The court finds that there is an agreement between the parties with the potential to become an enforceable CBA upon registration, but the CBA is not registrable due to the lack of evidence that the Ministry of Labour and Social Protection analyzed the CBA and confirmed compliance with relevant guidelines.
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Gichiki v Claxosmithline Pharmaceutical Kenya Ltd (Employment and Labour Relations Cause E228 of 2021) [2023] KEELRC 2979 (KLR) (16 November 2023) (Ruling)
✦ The application is found unmerited and dismissed.
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Kadesa v Bhagan (Cause 1948 of 2016) [2023] KEELRC 2908 (KLR) (16 November 2023) (Judgment)
✦ The Claimant’s claim is dismissed as she was a piece rate worker, not a regular employee as defined in the Employment Act.
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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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Murunga v Bandari Savings Cooperative Society (Cause 387 of 2018) [2023] KEELRC 2936 (KLR) (16 November 2023) (Ruling)
✦ The Respondent's application is allowed, and the Respondent's further list of documents dated 16/9/2020 and 30/3/2021 are expunged from the Court's record. The suit shall be set down for defence hearing.
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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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Kenya Aviation Workers Union v Kenya Airports Authority; Attorney General (Interested Party) (Cause E105 of 2023) [2023] KEELRC 3079 (KLR) (16 November 2023) (Ruling)
✦ The court finds that the transfers violate the Recognition Agreement and Labour Relations Act, and issues interim orders to prevent further transfers and protect the union's rights.
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Mghoi v Shreeji Enterprises (K) Limited (Cause E060 of 2023) [2023] KEELRC 3073 (KLR) (16 November 2023) (Judgment)
✦ The claimant's termination was found to be unfair and the court ordered compensation for unpaid salary and benefits.
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Ndibo & 2 others v Rezial Limited (Employment and Labour Relations Cause E480 of 2022) [2023] KEELRC 2920 (KLR) (16 November 2023) (Judgment)
✦ The termination of the 1st and 2nd Claimants' contracts was found to be without lawful cause and in violation of due process.
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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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Mbithi v Chairman, Board of Management Tala High School (Civil Appeal E024 of 2022) [2023] KEELRC 2911 (KLR) (16 November 2023) (Judgment)
✦ The appeal is allowed, and the ruling by Hon Martha Opanga, SRM is set aside. The Appellant's claim is remitted for hearing on merit before another Magistrate of the rank named in Gazette Notice No 6024 of 10th June 2018, other than Hon Opanga.
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Mangeti v East Afric Terminals Limited (Cause E084 of 2022) [2023] KEELRC 3072 (KLR) (16 November 2023) (Judgment)
✦ The claim is dismissed without merit
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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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Onyango v County Assembly of Siaya & 2 others (Petition E012 of 2023) [2023] KEELRC 2903 (KLR) (16 November 2023) (Judgment)
✦ The Employment and Labour Relations Court (ELRC) had the jurisdiction to determine the dispute on the impeachment of a member of a County Executive Committee.
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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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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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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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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.
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Muganduka v Emmerging Ecomm Ventures INC Limited (Cause E017 of 2023) [2023] KEELRC 3071 (KLR) (16 November 2023) (Judgment)
✦ Employment was wrongful and unfair, and the claimant is entitled to compensation and other benefits
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Gichimu v Higher Education Loans Board (Cause 769 of 2019) [2023] KEELRC 2918 (KLR) (16 November 2023) (Judgment)
✦ Claimant is awarded a declaration of wrongful termination, automatic reinstatement, compensation for discrimination, and costs.
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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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Mwalukumbi v Mombasa County Public Service Board & another (Cause E078 of 2021) [2023] KEELRC 2938 (KLR) (16 November 2023) (Ruling)
✦ The Court of Appeal strikes the suit out of court as the Employment and Labour Relations Court lacks jurisdiction.