Kenyan case law
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Jairus Ojango Omumu v National Police Service Commission [2021] KEELRC 713 (KLR)
✦ The application is dismissed as it lacks merit and is a tactic to clog precious judicial time.
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Kwale International Sugar Company Ltd v Masika Nyundo Mwachizi [2021] KEELRC 760 (KLR)
✦ The appeal is dismissed for want of prosecution
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Janet Kamene Musyoki v Andrew Mulei [2021] KEELRC 681 (KLR)
✦ The court finds the termination of employment was unfair and orders the respondent to pay notice pay, 13 days' wage, leave pay, underpayment, and costs.
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Bakery, Confectionary, Food Manufacturing and Allied Workers Union (K) v United Millers Limited [2021] KEELRC 758 (KLR)
✦ A temporary injunction restraining the Respondent from terminating the 77 grievants through redundancy is granted.
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Richard Moses Wambugu v NCBA Bank Kenya PLC [2021] KEELRC 782 (KLR)
✦ The application to strike out the suit is dismissed with costs
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Jeremiah Mepukori Nairowua & 4 others v Governor, Kajiado County Government & another [2021] KEELRC 771 (KLR)
✦ The Claimants' claims for wrongful dismissal, severance pay, statutory dues, retirement benefits, and annual leave allowance are dismissed.
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Nelson Ombeva & another v Kenya Meat Commission [2021] KEELRC 687 (KLR)
✦ The termination of employment was unfair as it lacked procedural fairness and the respondent failed to provide evidence supporting the allegations.
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Kenya Council of Employment and Migration Agencies v John Obiero Nyagarama (Deceased), Advocate on Record - Court of Appeal Civil Application No.E10 Of 2020 Nakuru, Advocate on Record-Judicial Review 1 (B) of 2019 Kericho ELRC, Advocate on Record - Petition 1 of 2015 Kericho ELRC, Naomi Nyangarama, Emily Nyagarama, Chairman Council of Governors, Lee Funeral Home Nairobi, Nyamira County Government, Nyamira County Assembly & Nyamira County Public Service Board (Appeal E079 of 2021) [2021] KEELRC 678 (KLR) (Employment and Labour) (14 October 2021) (Ruling)
✦ The court granted the interim leave and stayed the orders from the previous case pending the appeal.
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Joseph Ochieng Mbora v Africa Regalia [2021] KEELRC 764 (KLR)
✦ The dismissal was wrongful and unfair, and the Claimant is entitled to one-month salary in lieu of notice, 21 days leave allowance, salary for January 2016, and 1 month's salary as compensation for wrongful dismissal.
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Daniel Onyango Onyimbo v China Wu Yi Co. Limited [2021] KEELRC 768 (KLR)
✦ The court finds the termination unlawful and unfair, and orders compensation and costs.
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Edward Githinji & 131 others v Kenya Medical Research Institute & 6 others [2021] KEELRC 730 (KLR)
✦ The Court declines to allow any further filings as the case is slowly creeping to its third year in the cause lists.
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Rahab Wothaya Esiromo & 7 others v Blue Shield Insurance Co Ltd & 3 others [2021] KEELRC 724 (KLR)
✦ The stay of execution is granted pending the outcome of the appeal before the full bench of the Court of Appeal.
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Philip Mutinda v Lady Lori (K) Limited [2021] KEELRC 727 (KLR)
✦ The application by the Respondent is dismissed with costs to the Claimant, and the stay against execution is vacated.
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Albanus Mbithi Mutiso v Fresh Squeeze Limited [2021] KEELRC 773 (KLR)
✦ The claimant's termination was not procedurally fair and thus unfair and unlawful. The claimant was not declared redundant, and the court did not find the claimant entitled to the reliefs set out in the memorandum of claim.
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Republic v Chairman, Board of Directors National Water Harvesting & Storage Authority & another Ex Parte David Ngure Kairu; Sharon Obonyo (Interested Party) [2021] KEELRC 774 (KLR)
✦ The court dismissed the preliminary objection and found that the ELRC has unlimited original and appellate jurisdiction to handle matters in any part of Kenya.
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Mary Mwaura v Cap Youth Empowerment Institute [2021] KEELRC 776 (KLR)
✦ The Court finds that the contract was not renewed and the termination was procedurally and substantively fair. The Claimant is not entitled to reinstatement or damages.
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Joseph Maingi Kariuki v Kenya Revenue Authority [2021] KEELRC 769 (KLR)
✦ The termination was unfair and unjustified due to lack of valid reasons and flawed disciplinary process.
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James Muriithi Njogu v Office of the Director of Public Prosecutions Advisory Board [2021] KEELRC 718 (KLR)
✦ The Court will allow the defence to be 'heard' through the Replying Affidavit and make its final determination on 19th October 2021.
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Rose Esther Muthoni Wamuiya & 2 others v Governor, Nyandarua County Government & 3 others [2021] KEELRC 783 (KLR)
✦ The petitioners were treated unfairly and their constitutional rights were violated. They are entitled to compensation and general damages.
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Rajkaran Giddie v Superfoam Limited [2021] KEELRC 816 (KLR)
✦ The Court finds that the claimant was not unlawfully terminated but absconded duty, and the respondent is entitled to the counterclaim amount of Kshs 21,543.
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Martina Okoth Hellen v Postal Corporation of Kenya [2021] KEELRC 828 (KLR)
✦ The Court found that the dismissal was not valid and fair, and that a fair procedure was not followed.
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Calvin Abuya v Principal Secretary, Ministry of Health [2021] KEELRC 814 (KLR)
✦ Application is devoid of merit and the main claim will be heard in the normal manner.
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Kenya Builders & Concrete Company Limited v Aaron Kimeu Kioko [2021] KEELRC 2364 (KLR)
✦ The appeal is dismissed. The judgment and order of the Chief Magistrate's Court are upheld.
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Alfred Indeche v Speaker, County Assembly Vihiga & 2 others;Hudson Dumusu Mungafu (Interested Party) [2021] KEELRC 829 (KLR)
✦ The Court declines to set aside the consent judgment, finding no grounds for doing so.
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Dickens Mwendwa Nganga v Adix Plastics Limited [2021] KEELRC 825 (KLR)
✦ The application to dismiss the suit for want of prosecution is dismissed. The claimant is granted 60 days to secure a hearing date from the Deputy Registrar of the Court.