Kenyan case law
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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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Paul Kipkemoi Kiptoo v Board of Trustees National Social Security Fund (NSSF) [2019] KEELRC 2581 (KLR)
✦ The claimant was found guilty of falsifying work tickets and was not entitled to night out allowances.
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Josphat Kibet Kipruto v Gajipara Builders Limited [2019] KEELRC 604 (KLR)
✦ The claimant's employment was converted under the Employment Act, and he is entitled to service pay and underpayments.
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Isaiah Simiyu Mulongo v Nation Media Group [2019] KEELRC 767 (KLR)
✦ The court strikes out the suit as it is statute barred and lacks jurisdiction.
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Patrick Lumumba Lumula v Board of Management Eregi Teachers Training College [2019] KEELRC 793 (KLR)
✦ The court found the retirement was not for a valid reason and the procedure was not fair.
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C.Masinde & Company Advocates v Panal Freighters Limited [2019] KEELRC 853 (KLR)
✦ The Court orders that the Ruling of the Taxing Master dated 14th February 2019 and all consequential Orders are set aside. Taxation of the Advocate/Client Bill of Costs to 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 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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Bakari Meri Mukundya v Top Steel Kenya Limited [2019] KEELRC 855 (KLR)
✦ The termination was unfair, and the Respondent is ordered to pay compensation, notice pay, underpayment of salary, and pro-rata leave.
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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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Amalgamated Union of Kenya Metal Workers v Kaycee Auto Spares [2019] KEELRC 864 (KLR)
✦ The Claim is declined.
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Isaac Shivachi Mutoka v Secretary Public Services Comission & 8 others [2019] KEELRC 792 (KLR)
✦ The court finds the claims made by the claimant against the specific county governments, the Public Service Commission, the Principal Secretary Ministry of Devolution and Planning, and the Transitional Interior government Coordination Authority cannot be substantiated and the claimant is not entitled to any of the claims.
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Salif Michael Ngunguli & 13 others v Hui Commercial Enterprise [Africa] Company Limited & another [2019] KEELRC 821 (KLR)
✦ Termination was declared unfair, and the Respondent is ordered to pay the Claimants terminal benefits and compensation totaling Kshs. 8,206,348.
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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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David Muguna v Board of Management Gibea Jerusalem Academy [2019] KEELRC 618 (KLR)
✦ The claimant's termination was not unfair, and the claims for notice pay, severance pay, and compensation are dismissed. The claimant is ordered to be paid Ksh.14,700 for May 2016 wages within 30 days.
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Lomolo (1962) Limited v Alexander Mzee Komen [2019] KEELRC 353 (KLR)
✦ The appeal is allowed, the trial court’s judgement is set aside, and the appellant is not liable for damages.
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Benson Kitai Musyoka v Kenya Utalii College [2019] KEELRC 693 (KLR)
✦ The dismissal was found to be unfair and unjust, and the Claimant was awarded back pay and compensation.
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Mercy Mbithe Ndunda & another v Habo Group of Companies Limited [2019] KEELRC 846 (KLR)
✦ The termination was substantively and procedurally unfair, and the Claimants are entitled to compensation and severance pay.
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Mutungi Njuguna v Peter Kariuki Primary School [2019] KEELRC 870 (KLR)
✦ The court finds the dismissal wrongful and unfair, and orders compensation and underpayment.
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Meshack Kirimi Mwithimbu & 7 others v Liquidator Nkuene Farmers Co-operative Society Limited & 16 others [2019] KEELRC 866 (KLR)
✦ The Liquidator is liable for the decretal sum and is ordered to be committed for non-payment.
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Margery Muthoni Ndwiga v Daima Savings Co-operative Society Ltd [2019] KEELRC 869 (KLR)
✦ The Claimant is entitled to 6 months compensation at her gross salary of Kshs. 25,374/-. The court orders for compensation fixed at Kshs. 152,244/- plus costs of the suit.
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Jeconiah Opiyo Makoude v Build Africa Kenya [2019] KEELRC 569 (KLR)
✦ Redundancy was unfair due to lack of consultation
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Moses Waithaka Ngunje v Liberty Life Assurance Kenya Limited [2019] KEELRC 868 (KLR)
✦ The Claimant was an agent and not an employee. The suit is incompetent and an abuse of the court process.
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Naomi Achieng Aluoch v Frigoken Limited [2019] KEELRC 867 (KLR)
✦ The application is granted. The entire claim is struck out and dismissed.
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Paul Jalla Elema & 9 others v County Government of Marsabit, County Secretary County Government of Marsabit & 3 others; Marsabit County Government Service Board (Interested Party) [2019] KEELRC 875 (KLR)
✦ The motion is dismissed with costs to Petitioners/Respondents
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Kenya Union of Special Needs Education Teachers v Teachers Service Commission [2019] KEELRC 740 (KLR)
✦ The Court does not issue interim orders and directs the Parties to proceed with the main claim.