Kenyan case law
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Moses Lantapuna Lesaris & another v Galole Lodge & another [2020] KEELRC 775 (KLR)
✦ The court held that the claimants were employed on a casual basis and not on a monthly salary, and that their dismissal was not unfair.
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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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Onesmus Muli Musembi v Kinpash Enterprises Limited [2020] KEELRC 770 (KLR)
✦ The suit is dismissed for want of prosecution.
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Saeed Maleki v Somehr Group Limited [2020] KEELRC 828 (KLR)
✦ Claimant is not entitled to the payment as prayed for.
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John Njoroge Kamande v Delmonte Kenya Limited (Cause 1393 of 2013) [2020] KEELRC 809 (KLR) (Employment and Labour) (26 June 2020) (Ruling)
✦ The dismissal of the suit is set aside and the suit is reinstated for hearing and determination on its merits.
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Emily Wambui Nguura v Safaricom Kenya Limited [2020] KEELRC 790 (KLR)
✦ The dismissal was unfair.
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James Nyangiye & others v Attorney General [2020] KEELRC 789 (KLR)
✦ The Court finds that the taxing officer balanced the interests of the parties by apportioning instruction fees and does not interfere with this decision. The getting up fees are reviewed and amended to include the amount awarded. The decision to tax off VAT on instruction fees is upheld.
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Joel Ndung’u Bedan v Principal Secretary Ministry of Interior & Coordination of National Government & another [2020] KEELRC 819 (KLR)
✦ The petition is not premature.
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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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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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Alex Mwangi Irungu v Safaricom Limited [2020] KEELRC 783 (KLR)
✦ The dismissal was lawful and fair, but the procedure was delayed. The claimant is entitled to notice and terminal benefits.
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Julliet Joy Atieno v Orient Cuisine [2020] KEELRC 779 (KLR)
✦ The dismissal was not during the probation period and was unfair.
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Joseph Mwinzi Mulwa v Tangren Restaurant & 2 others [2020] KEELRC 765 (KLR)
✦ The termination was found to be unfair, but the Claimant is not entitled to severance pay.
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Kenya Union of Commercial Food and Allied Workers (KUCFAW) v Home Africa Limited [2020] KEELRC 794 (KLR)
✦ The Court finds that the Claimant Union has locus to represent the grievants and that the termination was 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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Dorcas Nyambura Njuguna v Spire Bank [2020] KEELRC 833 (KLR)
✦ The court held that there was no case of unfair termination of employment and that the claimant admitted to signing for Ksh.2, 000 without receipts and to failing to maintain proper cash management. The claimant was dismissed for gross negligence and was paid in lieu of notice.
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Danson Mbubi Mutabi v Konza Ranching & Farming Co-operative Society Limited [2020] KEELRC 768 (KLR)
✦ The Court dismissed the Application for stay of execution and set aside the warrants of attachment as obtained irregularly. The Court also dismissed the Application for review of the interest on the judgment.
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Amos Otieno Kasimba v Board of Management Bahati Division Academy [2020] KEELRC 832 (KLR)
✦ Judgement is entered for the claimant in the following terms: a) Notice pay awarded at Ksh.15,000; b) Leave pay ksh.60,576.90; c) Severance pay ksh.37,500; d) Owed savings of salary ksh.104,375; and e) Costs of the suit.
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Paul Kipchirchir Bii v Cabinent Secretary, Water & Sanitation & Irrigation; Eric Okeyo (Interested Party) [2020] KEELRC 764 (KLR)
✦ The preliminary objection raised that the Petition is sub judice because there is a pending Judicial Review application does not have merit, and the petition is dismissed accordingly.
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Anthony Gregory Shisanya v Capdril Kenya Limited (Cause 368 of 2017) [2020] KEELRC 848 (KLR) (25 June 2020) (Judgment)
✦ The termination of the employment was unlawful and unfair due to the lack of proper procedure and the false reason given.
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Rose Wambui Karanja v Aberdare Engineering Limited [2020] KEELRC 788 (KLR)
✦ Application for stay of execution granted
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Michael Kojo Otieno & 4 others v Homa-Bay County Commissioner & 3 others [2020] KEELRC 841 (KLR)
✦ The Court finds no violation of constitutional or statutory law in the recruitment of census officers and declares the national census exercise constitutional and valid.
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Jamleck Waweru Karanja v County Government of Nakuru (Cause 300 of 2015) [2020] KEELRC 850 (KLR) (25 June 2020) (Ruling)
✦ The court found the execution proceedings irregular and set aside the notice of attachment and proclamation.
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Kenya National Union of Domestic Workers v Registrar of Trade Unions [2020] KEELRC 829 (KLR)
✦ The application is dismissed for lack of merit, and the Respondent is admonished to register the union with the amended constitution.
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Mung’au Sang’alo Thomas v Teachers Service Commission [2020] KEELRC 837 (KLR)
✦ The dismissal was for a valid reason and the procedure was fair.