Kenyan case law
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Nehemiah Kiprop Kiplagat & 18 others v Radio Frequency Systems (E.A) Limited [2021] KEELRC 813 (KLR)
✦ Proceedings stayed pending determination of appeal
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Jonathan Chepkwony v George Makateto, Acting Chief Executive Officer, Export Processing Zone Authority (EPZA) & 2 others [2021] KEELRC 791 (KLR)
✦ The Court finds that the Petitioner's rights have not been violated and that the Petition is premature. The Petitioner is not deserving of the orders sought.
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Caroline Nyokabi Mwangi v Achellis Kenya Limited [2021] KEELRC 788 (KLR)
✦ The Court held that the termination of the claimant during probation was unfair and that the claimant was discriminated on account of her pregnancy.
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Regina Mutindi Mbith v National Police Service Commission [2021] KEELRC 802 (KLR)
✦ The Court found that the NPSC violated the Petitioner's rights and fundamental freedoms and ordered reinstatement and compensation.
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Melody Achieng Odawa v National Social Security Fund Board of Trustees [2021] KEELRC 822 (KLR)
✦ The claimant is entitled to reinstatement and benefits, but not to damages or costs.
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Trailink Group Limited v Kenya Long Distance Truck Drivers and Allied Workers Union (Cause 2181 of 2014) [2021] KEELRC 792 (KLR) (Employment and Labour) (8 October 2021) (Ruling)
✦ Application for stay of execution dismissed as an abuse of process.
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Bernard Ndungu Mbugua Nairobi Water and Sewerage Company Limited [2021] KEELRC 819 (KLR)
✦ The Application is dismissed with costs to the Respondent.
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Reuben Owino Obonyo v China Aero Technology International Engineering Corporation [2021] KEELRC 785 (KLR)
✦ The sums awarded shall be subjected to relevant statutory deductions.
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Christabel Achola Oyombe v East African Portland Cement PLC [2021] KEELRC 2361 (KLR)
✦ The court orders the payment of Kshs.142,282 to the Claimant for terminal benefits, including gratuity, pro-rata leave, and school fee refunds.
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Kenya Kazi Services Ltd v Dickson Onjwaya Wasike & 42 others [2021] KEELRC 800 (KLR)
✦ Affirmed the judgment of the Chief Magistrates Court in part and set aside in part.
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Julius Mark Bwibo v British American Tobacco Kenya Ltd [2021] KEELRC 807 (KLR)
✦ The termination of the Claimant’s employment was unfair.
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Kenya Union of Sugar Plantation & Allied Workers v Kibos Sugar and Allied Industries Limited [2021] KEELRC 817 (KLR)
✦ The Court finds no wilful disobedience warranting contempt and declines the orders sought.
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Erick Khayesi Nandwa v Insteel Limited [2021] KEELRC 812 (KLR)
✦ The Court finds that the Respondent has not complied with the judgment of the Court and holds that the allegations of non-compliance can only be adjudicated upon after a formal application has been filed.
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Amalgamated Union of Kenya Metal Workers v Southend Motors Limited [2021] KEELRC 794 (KLR)
✦ Respondent/Applicant's application is granted, judgment entered on 11th December 2020 is set aside
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Kenya Building, Construction, Timber and Furniture Industries Union v Twyford Ceramics Company Limited; Abdalla Kusimba Mokakha and 129 others (Interested Parties) [2021] KEELRC 789 (KLR)
✦ The Claimant is the appropriate union to represent employees of the Respondent.
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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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Amiri Akwabe Were v Butali Sugar Mills Ltd [2021] KEELRC 821 (KLR)
✦ The Court finds the summary dismissal of the Claimant was not fair and awards compensation and pay in lieu of notice.
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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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Joy Atieno Owuocha & 2 others v County Government of Homa Bay & another [2021] KEELRC 832 (KLR)
✦ The Petition is dismissed with costs to the Respondents.
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Juliet Chepchumba Tuwot & 227 others v East African Portland Cement Plc & another; Co-operative Bank Kenya Limited & 5 others (Garnishee) [2021] KEELRC 815 (KLR)
✦ The 228 grievants acting in person are not part of the beneficiaries of the decretal sum. The garnishee applications are overruled.
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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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Florence Moige Siro v G4s Kenya Limited [2021] KEELRC 824 (KLR)
✦ The claimant's claim for compensation for the use of her photograph is time barred, and the claimant's claim for unpaid salary and terminal dues is also time barred.
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Dexter Omollo v Ole Sereni Limited [2021] KEELRC 803 (KLR)
✦ The summary dismissal was justified due to the claimant's solicitation of a bribe. The claimant is awarded payment for 7 days during suspension and the claim for payment until retirement age, severance pay, and accrued leave to retirement age is dismissed.
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Daniel Wekesa Wanyama v Teachers Service Commission [2021] KEELRC 693 (KLR)
✦ The suit is dismissed with costs to the Respondent
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Nyagol v Judicial Service Commission & another (Petition E005 of 2020) [2021] KEELRC 2423 (KLR) (7 October 2021) (Judgment)
✦ The Court dismissed the petition, finding that the petitioner's petition did not meet the constitutional test, that the disciplinary proceedings did not violate the doctrine of double jeopardy, that the delayed proceedings were justified, and that there was a valid reason for dismissing the petitioner from employment.