Kenyan case law
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Samuel Kabui Munyiri v Pioneer Plumbers Limited [2019] KEELRC 704 (KLR)
✦ Suit cannot be reinstated due to lack of service of summons
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Reuben Masika Manyuru & another v Chuna Co-operative Savings and Credit Society Limited [2019] KEELRC 642 (KLR)
✦ The court finds the applications premature and unmeritorious, and dismisses them with no orders as to costs.
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Joseph C. Koech v Baringo County Assemble & 2 others [2019] KEELRC 726 (KLR)
✦ The petitioner is guilty of not only forum shopping but also abuse of court process and is undeserving of the orders sought.
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Nelson Keshei v Narok County Government & another [2019] KEELRC 612 (KLR)
✦ The claimant is not entitled to gratuity as it was not a term of his contract of service.
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Partick Njuguna & 7 others v Wilson Sossion & 3 others [2019] KEELRC 727 (KLR)
✦ The court held that a Member of Parliament is not a full-time state officer and therefore cannot be engaged in any other gainful employment, and that holding the two positions of a Member of Parliament and the position of Secretary General of a trade union does not create a conflict as defined in Article 75(2) of the Constitution and section 26 of the Leadership and Integrity Act.
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Daniel Kamau Ngahu v Investeq Capital Limited [2019] KEELRC 763 (KLR)
✦ The suspension and subsequent dismissal of the claimant were declared unfair. The claimant is awarded Kshs.1,258,813 in compensation for unfair termination.
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Alphonce Shihalo Ngaira v Kenya Stationers Limited (Kensta Group) [2019] KEELRC 749 (KLR)
✦ The termination of the claimant's employment was procedurally unfair and the claimant is awarded one month's salary in lieu of notice and costs for the suit.
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Kenya Hotels and Allied Workers Union v Panari Hotel & 10 others; Kudheiha Workers & another (Interested Parties) [2019] KEELRC 717 (KLR)
✦ The Court dismissed the 4th Respondent's application for review and set aside the previous ruling.
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David Emapus Ekasiba v County Government of Bungoma [2019] KEELRC 800 (KLR)
✦ The Court held that the employment of the Claimant was lawfully and unfairly terminated by the Municipal Council of Bungoma.
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Boniface M. Karanja v The Chairman, Bomet County Public Service Board & another [2019] KEELRC 840 (KLR)
✦ The suit is dismissed as the Claimant was not an employee of the Respondents before court and the remedies he may have been entitled to could have been best articulated between the County Government of Bomet and the Public Service Commission.
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C.Masinde & Company Advocates v Panal Freighters Limited [2019] KEELRC 845 (KLR)
✦ Execution proceedings are flawed. The Court sets aside the Ruling of the Deputy Registrar and the consequential Orders. Taxation of the Advocate/Client Bill of Costs will be redone in the presence of both Parties, before the same Taxing Master.
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C Masinde & Company Advocates v Panal Freighters Limited [2019] KEELRC 860 (KLR)
✦ Execution proceedings are flawed. The Court sets aside the Ruling of the Deputy Registrar on taxation and grants leave to the Law Firm to obtain a Certificate of Taxation. Taxation of the Advocate/Client Bill of Costs will be redone in the presence of both Parties, before the same Taxing Master.
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Amalgamated Union of Kenya Metal Workers v Kaycee Auto Spares [2019] KEELRC 864 (KLR)
✦ The Claim is declined.
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Emmanuel Simiyu v Board of Management Sipala Fym Primary School [2019] KEELRC 797 (KLR)
✦ The court held that the Claimant was dismissed from work and is entitled to the reliefs sought.
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Christopher Lentukunye & 3 others v Clerk, Samburu County Assembly & 2 others [2019] KEELRC 784 (KLR)
✦ Preliminary objection to jurisdiction is allowed, petition is struck out with costs
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Christopher Kyalo Mutiku v Scholastica Ajode t/a Skajo Airline Handling Agency [2019] KEELRC 862 (KLR)
✦ Claim is allowed. Respondent is ordered to pay 7 days' salary, service pay, compensation for unfair termination, and notice pay.
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Amalgamated Union of Kenya Metal Workers v Kaycee Auto Spares [2019] KEELRC 836 (KLR)
✦ Claimant's application for recognition and dues deduction is declined.
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C Masinde & Company Advocates v Panal Freighters Limited [2019] KEELRC 844 (KLR)
✦ Execution proceedings are flawed. The Court sets aside the Ruling of the Deputy Registrar and the Orders consequential to it. Taxation of the Advocate/Client Bill of Costs is to be redone in the presence of both Parties, before the same Taxing Master.
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Joseph Isiche Sikuku & 2 others v Hakika Transport Services Limited [2019] KEELRC 847 (KLR)
✦ The Court finds and holds that the Respondent failed to meet the disciplinary threshold set in law and the termination of the Claimants' employment was substantively and procedurally unfair.
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Republic v Chief Officer, Health & Sanitation Department Busia County & 2 others Ex-Parte Aineahk Masinde [2019] KEELRC 787 (KLR)
✦ The application lacks merit and is dismissed with no order as to costs.
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Emily Achieng’ Okojo v Managing Director Riley Services Ltd & 2 others [2019] KEELRC 772 (KLR)
✦ The court declares the dismissal unlawful and unfair, and orders the Respondents to pay the Claimant compensation and/or payment of terminal benefits.
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Douglas K. Mutua v Milly Glass Works Ltd [2019] KEELRC 848 (KLR)
✦ the termination was lawful and fair
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C Masinde & Company Advocates v Panal Freighters Limited [2019] KEELRC 841 (KLR)
✦ Execution proceedings are flawed. The Court sets aside the Ruling of the Deputy Registrar on taxation and the consequential Orders. Taxation of the Advocate/Client Bill of Costs will be redone in the presence of both Parties, before the same Taxing Master.
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Salif Michael Ngunguli & 13 others v Hui Commercial Enterprise [Africa] Company Limited Aka Hui Commercial & another [2019] KEELRC 856 (KLR)
✦ termination was unfair, Respondent must pay terminal benefits and compensation
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Leonard Mutua Wathome v Pasta Enterprises Limited [2019] KEELRC 851 (KLR)
✦ The appeal is dismissed with costs to the Respondent