Kenyan case law
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Edwin Kibet Kipyegomen v Kenya Post Office Savings Bank [2020] KEELRC 784 (KLR)
✦ The dismissal was valid but flawed in procedure. The Respondent shall pay compensation for unfair termination equivalent of 15 days' salary and salary for 21 days worked in April 2016. The Claimant shall meet the costs of the Claim.
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Newtone Mudambi v Texas Alarms Limited [2020] KEELRC 759 (KLR)
✦ Termination was unfair, and the Respondent shall pay compensation, notice, pro-rata leave, and 7 days' salary to the Claimant.
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Mohamed Rafiki Bashir v Chivunde Ndegwa [2020] KEELRC 785 (KLR)
✦ The Appellant's failure to participate in the previous trial is his own fault, and the denial of his application to set aside the default judgment is upheld. The Respondent's appeal is dismissed, and the application for a stay of execution is rejected.
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Nyawa Malau Nyawa & 4 others v Tapioca Limited [2020] KEELRC 769 (KLR)
✦ The claim has no merit and is rejected.
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Mesaidi Munga Mumba v Kwale International Sugar Company Limited [2020] KEELRC 760 (KLR)
✦ The Court finds the Claimant was a Regular Employee, termination was unfair, and the Respondent must pay annual leave, compensation for unfair termination, and notice pay.
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Charles Mokua Nyamari v Tudor Health Care Limited [2020] KEELRC 750 (KLR)
✦ The court orders the Respondent to pay the Claimant salary for the months of April and May 2017 at Kshs. 32,308, and grants a 30-day stay of execution due to the coronavirus pandemic.
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Nyali Academic Service Limited t/a the Mombasa Academy v Caroline Opondo [2020] KEELRC 756 (KLR)
✦ The application for installment payments is rejected, and the Respondent is ordered to engage the Claimant directly to make her proposals.
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Koki Muia v Samsung Electronics East Africa Limited [2020] KEELRC 810 (KLR)
✦ The application is dismissed with costs.
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Monda v Kenya Pipeline Company Limited (Cause 798 of 2015) [2020] KEELRC 1943 (KLR) (26 June 2020) (Judgment)
✦ The court found that the dismissal was not fair and upheld the claimant's case.
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Jonathan Mutuku Mutua v Pemco Agencies [2020] KEELRC 802 (KLR)
✦ The court allows the application, granting the respondent leave to cross-examine the claimant and prosecute her defence, and pays throw-away costs of Kshs. 15,000.
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Agnes Muthoni & 34 others v Kenya Medical Research Institute (KEMRI);Institutes Staff of Kenya (Unrisk) (Interested Party) [2020] KEELRC 803 (KLR)
✦ The court lacks jurisdiction to entertain the claim by the applicant law firm and strikes out the application with costs.
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Kenya County Government Workers Union v Kiambu County Government & another [2020] KEELRC 786 (KLR)
✦ The claim is statute barred due to the limitation period.
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Rose Sang Tarus v Barclays Bank of Kenya Limited [2020] KEELRC 804 (KLR)
✦ The court found that the procedure followed before dismissing the claimant was fair, thus the respondent discharged her burden of proving procedural fairness as required under section 45 of the Employment Act.
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Peter Kaburu Karanja v Kirinyaga Construction (K) Limited [2020] KEELRC 787 (KLR)
✦ The claim is not time barred. The Respondent's failure to pay the Claimant his salary for 9 months was a fundamental breach, constituting constructive dismissal.
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Richard Mwangi Muturi v Oserian Development Company Limited [2020] KEELRC 806 (KLR)
✦ Application is incompetent and dismissed with costs.
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Peter Nderitu Wachira v Mecoy Consultants Limited [2020] KEELRC 801 (KLR)
✦ The termination of the Claimant's employment was procedurally unfair and thus deemed unfair under the Employment Act.
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Wilson Otieno Nguti v Kenya Kazi Services Limited (Cause 945 of 2018) [2020] KEELRC 797 (KLR) (Employment and Labour) (26 June 2020) (Judgment)
✦ The dismissal was found to be both substantively and procedurally unfair.
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Judith Brenda Onyango v Sanlam General Insurance Limited (Formerly Gateway Insurance Company Limited) [2020] KEELRC 820 (KLR)
✦ The Court found that fair procedure was not followed and the dismissal was not grounded on valid and fair reason.
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Dishon Kulema Musumba v Athi River Mining Limited [2020] KEELRC 822 (KLR)
✦ The termination of the claimant’s services was unfair and unlawful. The claimant is entitled to one month salary in lieu of notice plus 6 months salary compensation for unfair termination.
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Cyrus Ombuna Machina v Safaricom Limited [2020] KEELRC 814 (KLR)
✦ The court finds that the claim is not time barred and that the court has original jurisdiction to hear and determine the claim under WIBA.
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Ephantus Wambua Macharia v Presbyterian Church of East Africa & Presbyterian Foundation (Cause 1933 of 2015) [2020] KEELRC 825 (KLR) (Employment and Labour) (26 June 2020) (Ruling)
✦ The motion for a stay of execution is dismissed with costs to the Claimant.
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Makori Orina Jackson v M/S Vee Vee Enterprises Limited [2020] KEELRC 781 (KLR)
✦ The Court determined that the employment relationship was casual, and the Claimant was not entitled to the prayers sought.
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Kahara Mbugua v National Industrial Training Authority [2020] KEELRC 777 (KLR)
✦ Dismissal was unfair and the claimant is awarded compensation of Kshs. 2,986,120.00, a certificate of service, and costs of the suit.
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Emily Wambui Nguura v Safaricom Kenya Limited [2020] KEELRC 790 (KLR)
✦ The dismissal was unfair.
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Kenya Union of Commercial Food and Allied Workers v Kenya Credit Traders Limited [2020] KEELRC 767 (KLR)
✦ The application is dismissed with costs as the applicant has not set out and proved any ground for review as required by Rule 33(1) of the ELRC Procedure Rules.