Kenyan case law
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Kenya Union of Commercial, Food and Allied Workers v Komothai Coffee Growers (Cause 708 of 2019) [2022] KEELRC 12997 (KLR) (28 October 2022) (Judgment)
✦ The claimant is entitled to the unpaid salaries for the period January to December, 2018.
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Muia v Makupa Transit Shade Limited & another (Cause 4 of 2020) [2022] KEELRC 13007 (KLR) (28 October 2022) (Judgment)
✦ The court finds the termination unfair and unlawful, and orders the 1st respondent to pay the claimant Kshs 288,000 and 25% of the claimant's costs.
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Kenya County Government Workers Union v Nairobi City Water & Sewerage Co Ltd (Cause 876 of 2015) [2022] KEELRC 13031 (KLR) (28 October 2022) (Judgment)
✦ The grievant is not entitled to the prayers sought and the claim is dismissed with each party bearing their own costs.
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Makau & 3 others v Dinamu Agencies Limited (Cause 731 of 2017) [2022] KEELRC 13023 (KLR) (28 October 2022) (Judgment)
✦ The Court found that the claimants were not unfairly and unlawfully terminated and denied their request for compensatory damages.
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Kenya Engineering Workers Union v Mehta Electricals Limited (Cause 49 of 2019) [2022] KEELRC 13014 (KLR) (28 October 2022) (Judgment)
✦ The court declines the claim and orders no order on costs.
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Universities Academic Staff Union (UASU) v Karatina University (Petition E011 of 2022) [2022] KEELRC 13018 (KLR) (28 October 2022) (Ruling)
✦ The court dismissed the application for interim injunction.
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James Finlay Kenya Limited v Anganga & 1043 others; Hugh Campbell, QC (Interested Party) (Petition E133 of 2022) [2022] KEELRC 12963 (KLR) (28 October 2022) (Ruling)
✦ The ELRC has jurisdiction over the dispute.
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Igar Restaurant Limited & another v Onyango & 2 others (Appeal E018 of 2022) [2022] KEELRC 12975 (KLR) (28 October 2022) (Judgment)
✦ The appeal is allowed, and the appellants are ordered to bear their own costs.
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Mega Garment Industries Kenya (EPZ) Ltd v Owino (Appeal E09 of 2020) [2022] KEELRC 12971 (KLR) (28 October 2022) (Judgment)
✦ The termination was not unfair, and the compensation awarded was an unfair award.
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Mwinzi & another v Factory Guards (Msa) Limited & another (Cause 655 of 2017) [2022] KEELRC 12970 (KLR) (28 October 2022) (Judgment)
✦ The court found in favor of the claimants and ordered the respondents to pay the claimed amounts.
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Sande v Senaca International Limited (Cause 1761 of 2017) [2022] KEELRC 12993 (KLR) (28 October 2022) (Judgment)
✦ The claimant was not terminated from employment and is not entitled to compensatory damages.
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Maithya v Barclays Bank of Kenya Limited (Cause 2283 of 2017) [2022] KEELRC 12948 (KLR) (28 October 2022) (Judgment)
✦ The claimant's contract was terminated for valid reasons
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Mutii v Joshua Karunge t/a Mwambao Cafe (Cause 166 of 2015) [2022] KEELRC 12969 (KLR) (28 October 2022) (Judgment)
✦ The termination was unfair, unlawful, and unjust. The claimant is awarded a declaration, compensation, and costs.
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Mutinda v Tononoka Rolling Mills Limited (Cause 330 of 2017) [2022] KEELRC 12998 (KLR) (28 October 2022) (Judgment)
✦ The court held that the employment relationship was not casual but regular, and the respondent unlawfully terminated the claimant's employment.
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Ahago v Kenapen East Africa Limited & another (Cause E6551 of 2020) [2022] KEELRC 12977 (KLR) (28 October 2022) (Judgment)
✦ The claim is declined.
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Wachira v Mbote & another (Cause 821 of 2018) [2022] KEELRC 12992 (KLR) (28 October 2022) (Judgment)
✦ The Court found no employment relationship existed between the parties.
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Abdullahi v Marsabit County Public Service Board (Cause 2374 of 2017) [2022] KEELRC 12947 (KLR) (28 October 2022) (Judgment)
✦ Claimant's employment was not at the pleasure of the county secretary, but rather a private arrangement. The revocation of the contract was within the law and in the interest of the county.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Kenya School of Government (Cause 1841 of 2017) [2022] KEELRC 12990 (KLR) (28 October 2022) (Ruling)
✦ The claim is time-barred and the court lacks jurisdiction to hear the case.
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Khavesa v Mehta & another (Cause 482 of 2018) [2022] KEELRC 13022 (KLR) (28 October 2022) (Judgment)
✦ The claimant has not proved her case to the requisite standard, and the claim is dismissed in its entirety.
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Kinyuru v Tangaza University College (Cause E443 of 2020) [2022] KEELRC 13015 (KLR) (28 October 2022) (Judgment)
✦ The court declared termination unfair and unlawful, and ordered the respondent to pay the claimant compensation for unfair termination and severance pay.
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Ogol v Laboratory & Allied Ltd (Cause 1740 of 2017) [2022] KEELRC 12996 (KLR) (28 October 2022) (Judgment)
✦ The court found the termination to be unfair and unlawful.
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Kenya Union of Commercial and Allied Workers v Coastal Bottlers Limited (Cause 91 of 2019) [2022] KEELRC 12965 (KLR) (28 October 2022) (Judgment)
✦ The Court finds that the respondent did not guarantee the severance pay to the employees sourced through the outsourcing companies. The Court also finds that the respondent performed its part of the agreement on the way forward as concluded on 24.10.2016. The Court dismisses the claimant's memorandum of claim and orders each party to bear their own costs.
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Waithaka v Nairobi Bottlers Limited (Cause 2249 of 2017) [2022] KEELRC 13042 (KLR) (28 October 2022) (Judgment)
✦ The claimant has failed to prove his case on a balance of probability, hence the claim is dismissed in its entirety.
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Kirubi v E-Bima Limited (Cause 48 of 2020) [2022] KEELRC 12976 (KLR) (28 October 2022) (Judgment)
✦ The court declines the claim for want of jurisdiction
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Koki v Vekaria (Cause 1473 of 2017) [2022] KEELRC 13013 (KLR) (28 October 2022) (Judgment)
✦ The court finds that the Respondent has not given evidence to support his pleadings and that the Claimant was not underpaid. The court orders the Respondent to pay a golden handshake of Kshs. 100,000, notice of 1 month at Kshs. 10,000, and service pay equivalent of 15 days' salary for each of the 10 complete years of service.