Kenyan case law
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Kenya Shoe and Leather Workers Union v Slapper Shoe Industry [2018] KEELRC 875 (KLR)
✦ The Court finds that the Respondent has consulted the Claimant’s Branch Office, and the National Office should be included in the process. The Court allows the Respondent to move ahead with the redundancy process, engaging with the National Office instead of the Branch Office.
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Mose Nyambega Ondieki v Vice Chancellor, Maasai Mara University & 3 others [2018] KEELRC 877 (KLR)
✦ The amendments are merited and the claimant is granted leave to further amend his claim.
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Adam Miller v WS Insight Limited [2018] KEELRC 813 (KLR)
✦ The preliminary objection is dismissed as the respondent does not dispute the fact that the claimant was an employee and the employment was terminated unprocedurally.
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Stephen Wachira Murakaru v Tana & Athi River Development Authority [2018] KEELRC 848 (KLR)
✦ The court finds the dismissal unlawful and unfair, and the Plaintiff is entitled to compensation for loss of salary, pension contribution, and payment in lieu of notice. The counter claim is time barred and dismissed.
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Rachael Kanini Mwatu v One Way Cleaning Services Limited [2018] KEELRC 874 (KLR)
✦ The Court finds the Respondent's version of events to be correct, and dismisses the claim as there was no unfair termination.
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Kenya Hotels and Allied Workers Union v Panari Hotel & 12 others [2018] KEELRC 867 (KLR)
✦ The court found the hotels' actions unlawful and unreasonable, and ordered them to stop charging VAT on employees' service charges.
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Rift Valley Railways Workers Union (K) v Rift Valley Retirement Benefits Scheme & 6 others [2018] KEELRC 862 (KLR)
✦ The court finds that the claimant has locus standi and is not a vexatious litigant. The claim is not res judicata as the issues are not the same as those in previous cases. The court grants the claimant's request for a permanent order restraining the respondents from selling the properties until the issues are heard and determined.
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Daniel Omboga Onsabwa & 10 others v M/S Polysack Limited & another [2018] KEELRC 850 (KLR)
✦ The claimants' contracts were not unfairly terminated. The first claimant was terminated for intoxication, which was a valid reason. The second claimant's contract lapsed by affluxion of time. The third claimant was not dismissed as he was on paternity leave. The fourth, seventh, and ninth claimants were not proved to have been dismissed. The eight and tenth claimants were not proved to have reported back to work.
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Leonard Mbui Opokou v Onesmus Ngunjiri Njenga t/a Rock Air Maintenance [2018] KEELRC 856 (KLR)
✦ Claimant awarded Kshs.30,000 in lieu of notice, Kshs.161,000 arrear salary, Kshs.60,000 in lieu of leave, Kshs.30,000 service gratuity, and Kshs.60,000 compensation.
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Josphat Gathiaka Kiarie v Nakumatt Holdimgs Limited [2018] KEELRC 780 (KLR)
✦ The application is dismissed with no order as to costs.
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Cademus Natwat Sirengo v Kamsi Trading Company Limited [2018] KEELRC 794 (KLR)
✦ Claimant awarded Kshs.630,000 in arrear salary, interest, and costs
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Charo William & 15 others v Ready Consultancy Limited [2018] KEELRC 861 (KLR)
✦ The Claimants' claims are dismissed with no order on the costs
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Mary Wanjiku Ngethe v San Valencia Limited [2018] KEELRC 822 (KLR)
✦ The claimant is not entitled to payment of terminal dues or 9 months' salary in lieu of termination notice.
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Mongeri Mirieri Nyanganyeria v District Land Registrar Thika & 2 others [2018] KEELRC 664 (KLR)
✦ The court finds that the plaintiff is the lawful owner of the land and that the titles of the second and third defendants are fraudulent and void. The court orders the cancellation of the land register and title deeds, and grants a permanent injunction against the defendants.
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Charles Nzeki Mwanga v Senaca East Africa Limited [2018] KEELRC 806 (KLR)
✦ The Application is struck off with no order on costs, and the Claimant is granted notice pay at Kshs. 40,000.
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Ali Musa Mwamngaro v Darad Hotel Limited & another [2018] KEELRC 889 (KLR)
✦ Claimant's claims for public holiday pay and overtime pay are allowed at Kshs. 9,671 and Kshs. 153,600 respectively. Counterclaim is declined.
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Judith Auma Omanga v Attorney General [2018] KEELRC 817 (KLR)
✦ The dismissal was valid and fair, and the suit lacks merit.
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A S L v National Bank of Kenya Limited & another [2018] KEELRC 707 (KLR)
✦ The court declines to make any orders at this stage and directs that the case proceeds to full hearing.
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Alphonce Onyango Owuor v Navida Natural Foods Ltd [2018] KEELRC 893 (KLR)
✦ Termination was unlawful.
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Eric Mutuma Kaumbuthi v Kensalt Limited [2018] KEELRC 871 (KLR)
✦ The termination was not lawful and fair, and the Claimant is entitled to the remedies sought.
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Caleb Nasengo v Theluji Dry Cleaners Limited [2018] KEELRC 797 (KLR)
✦ Termination was unfair and the claimant is entitled to pay in lieu of notice, annual leave, underpayments, and compensation.
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Joha Magongo Kango & another v Crest Security Services Limited [2018] KEELRC 863 (KLR)
✦ The Claimants' claim for unlawful termination is dismissed. The claim for leave pay is allowed.
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Feroz Ali Omar v ECU Worldwide Limited [2018] KEELRC 868 (KLR)
✦ The Claimant's case fails and is dismissed with costs to the Respondent
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Alloyce Obunga Amam v Abyssinia Iron and Steel Limited [2018] KEELRC 829 (KLR)
✦ The claim is dismissed as there is no evidence of injury to the claimant on August 17, 2012.
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Ayub Owino v Chairman of the Board of Management Lambwe Secondary School [2018] KEELRC 870 (KLR)
✦ The court finds the termination was wrongful and the claimant was not given a fair hearing. The court awards service gratuity, compensation, notice pay, and arrear salary.