Kenyan case law
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Dominic Ndegwa Kiere v Mercy Muthoni Ndung’u & Registrar of Trade Unions (Cause 71 of 2016) [2016] KEELRC 848 (KLR) (29 July 2016) (Ruling)
✦ The respondent's election as treasurer of KNUT Laikipia Branch is null and void because the respondent was not a member of KNUT for 5 continuous years prior to the elections.
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Joseph Amenya Masara v Aimco Enterprises Limited [2016] KEELRC 809 (KLR)
✦ The termination of the claimant’s employment by the respondent on 12.9.2014 was unfair and unjust.
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Maurice Otieno Oluny v Mombasa Container Terminal Limited & another [2016] KEELRC 835 (KLR)
✦ The court dismisses the claim against the second respondent and awards the claimant a net sum of Kshs. 29,311.90 for salary arrears and unpaid overtime.
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Donas Lombom & 7 others v Civicon Limited [2016] KEELRC 822 (KLR)
✦ The court finds that the termination of the 1st to 6th Claimants' contracts was fair due to redundancy, but the termination of the 7th Claimant's contract was unfair due to the lack of proper notice. The 8th Claimant's contract was found to have lapsed automatically.
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Rashid Msena v Arkson Quarries [2016] KEELRC 788 (KLR)
✦ Termination was unfair in both substance and procedure. The Court orders compensation for unfair termination, notice pay, service pay, and salary for days worked.
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Republic v Principal Magistrate Siaya & another Ex-Parte John Otieno Okaka & 2 others [2016] KEELRC 846 (KLR)
✦ The court quashed the Siaya Land Disputes Tribunal award.
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Kenya Scientific Research International Technical and Institutions Workers Union (KSRITAIWU) v Healty U (2000) Ltd [2016] KEELRC 807 (KLR)
✦ The court finds that the applicant has an arguable appeal and the application for stay of execution pending intended appeal is granted provided the applicant deposits the decretal sum in court within 30 days from date of this ruling
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Dickson Maina Mwangi v Target Guards Ltd [2016] KEELRC 799 (KLR)
✦ The Claimant's claim is dismissed as he did not prove his case and there is no evidence linking him to the Respondent.
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Wairimu Kagunya v Three Dee Enterprises Limited [2016] KEELRC 794 (KLR)
✦ The respondent's application is dismissed with costs to the claimant.
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Charles Adoko Okoda v Prestige Sacco Limited [2016] KEELRC 890 (KLR)
✦ The Court dismissed the Respondent's stay and setting-aside application and upheld the Claimant's review application.
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B O E & another (Suing as Administrator and Legal Representative of the Estate of the Late V E E) v Wells Fargo Company Limited [2016] KEELRC 796 (KLR)
✦ The court finds the respondent liable for the death of the deceased and orders the payment of damages.
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Alphonse Oyugi Ochieng v Circles Caterers & another [2016] KEELRC 808 (KLR)
✦ The court found that the claimant was a permanent employee of the respondents and was protected by the Employment Act, 2007. The dismissal was unlawful and unfair, and the claimant is entitled to compensation.
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Eric Aringo v Parbat Siyani Construction Ltd [2016] KEELRC 927 (KLR)
✦ The Court dismissed the review application and ordered the Respondent to sit on appeal over its own judgment.
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Kenya Plantation & Agricultural Workers Union v Agricultural Employers Association [2016] KEELRC 803 (KLR)
✦ The Court finds the Employer in violation of the CBA and the Labour Relations Act, and orders the Employer to continue deducting agency fees and to facilitate negotiations for a new CBA.
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Dennis Moses Maunda v Pinkertons Kenya Limited [2016] KEELRC 810 (KLR)
✦ The Court finds that the Respondent acted in contravention of Section 41 of the Employment Act and dismissed the Claimant without due process.
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Harrison Safari Kitsao,Patrick Awuor Omwaga, Muttah Mwongojohi Sheti, Julius Wambua Musimi, Collins Githae Kariuki, Jacob Akala Ogwang, Hamisi Ali Mwakatonya, Julius Owino Owuor, Simon Otieno Mudir, Suleiman Mohammed Said, Mugalla John Ruwa, Joseph Ouma, Charles Otieno Okoth & George Mwakima v Maersk Kenya Limited (Miscellaneous Application 27 of 2016) [2016] KEELRC 537 (KLR) (25 July 2016) (Ruling)
✦ The Court does not have the jurisdiction to extend the time limit under Section 90 of the Employment Act. The applicants' cause of action has lapsed due to financial constraints.
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Louise W. Muiruri v Paramount Universal Bank Limited [2016] KEELRC 911 (KLR)
✦ The Court held that the award of compensation is not subject to PAYE/tax and that the Respondent should be discharged from being indebted to the Claimant for the sum of Kshs. 49,341.
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Alloisius Mukunya Mutua v Eagle Watch Company Limited [2016] KEELRC 1846 (KLR)
✦ The termination was unfair and the claimant is awarded compensation including one month pay in lieu of notice, gratuity, leave accrued, and 6 months' salaries.
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Josephat Mark Shimenga v Roots Academy Ltd [2016] KEELRC 875 (KLR)
✦ The Court held that the employment relationship commenced in 2009, the termination was not unfair, the Claimant was not underpaid, he worked overtime, he had outstanding leave, and he is entitled to gratuity.
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Kennedy Gori v Xfor Security Services (Ke) [2016] KEELRC 877 (KLR)
✦ The Court finds the termination was both unjustifiable and unprocedural.
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David Muriuki Ngare v Spin Knit Limited [2016] KEELRC 881 (KLR)
✦ The Respondent's case is deemed closed.
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Cecilia Wanjiru Nderitu v Onesmus Njiinu t/a Ivory Machineries Services [2016] KEELRC 873 (KLR)
✦ The Court finds the termination of employment was unfair and awards the Claimant pay in lieu of notice, commuted leave, salary arrears, severance pay, and compensation.
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Julius Kimani v Registered Trustees (Archdiocese of Nairobi, Farther In-Charge, All Saints Catholic Church, Riara) [2016] KEELRC 934 (KLR)
✦ The court finds the dismissal unfair and orders the respondent to pay the claimant Kshs.298,200 in damages and costs.
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Charity Wangui Gichaba v Enea Sacco Management Committee through Chairman Patrick Wachira Gabriel [2016] KEELRC 884 (KLR)
✦ The court awards the claimant Kshs.295,413.00 as gratuity and dismisses the respondent's counterclaim.
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Raymond Robert Ngetich v Kenya Utalii College [2016] KEELRC 916 (KLR)
✦ The court granted the application for injunctive relief, issuing temporary and permanent injunctions to prevent the Respondent from evicting the Claimant from the rented house.