Kenyan case law
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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.
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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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Nzau v High Commission of Malaysia (Cause E1037 of 2021) [2022] KEELRC 13020 (KLR) (27 October 2022) (Ruling)
✦ The court held that the respondent enjoys immunity from the claimant's suit due to diplomatic immunity under the Vienna Convention on Diplomatic Relations and the Privileges and Immunities Act, and that the court lacks jurisdiction to hear the suit.
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Obonyo & 50 others v Kenya Engineering Workers Union (Miscellaneous Application 132 of 2018) [2022] KEELRC 14659 (KLR) (27 October 2022) (Ruling)
✦ The court finds no contempt and dismisses the application. The court orders the respondent to issue a 30-day notice to claimants to attend at their offices for payment of their dues.
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Khagali v Mutungati Farmers Co-operation (Cause 138 of 2016) [2022] KEELRC 12972 (KLR) (27 October 2022) (Judgment)
✦ The court found the termination of the claimant's employment to be unfair and unlawful, and awarded her one month's salary in lieu of notice, four months' unpaid salary, and costs.
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Mbugua v CMC Motors Group Limited & another (Cause 2307 of 2017) [2022] KEELRC 14655 (KLR) (27 October 2022) (Ruling)
✦ The suit is reinstated on condition that the claimant meets the respondent's costs for attendance assessed at Ksh 20,000 and attends within 30 days to fix the matter for hearing.
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Karanja v Green Belt Movement (Employment and Labour Relations Cause 1322 of 2017) [2022] KEELRC 14662 (KLR) (27 October 2022) (Ruling)
✦ The court allows the claimant's application and stays the taxation proceedings pending the hearing and determination of Civil Appeal No E363 of 2022.
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H Young and Company (East Africa) Limited v Kasina (Civil Appeal E39 of 2019) [2022] KEELRC 13005 (KLR) (27 October 2022) (Judgment)
✦ The appeal is dismissed, and the respondent is awarded Kshs 45,022 in lieu of one-month notice, equivalent of nine (9) months salary in compensation for the unlawful and unfair summary dismissal, and costs.
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Njoroge v Ongicho p/a Ongicho and Company Advocates (Miscellaneous Application 148 of 2019) [2022] KEELRC 13016 (KLR) (27 October 2022) (Ruling)
✦ The application lacks merit and is dismissed with costs.
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Bonito Hotels Limited & another v Wachiye (Miscellaneous Application E011 of 2022) [2022] KEELRC 13041 (KLR) (27 October 2022) (Ruling)
✦ The court grants the leave to appeal out of time and deems the draft memorandum of appeal as duly filed.
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Kenya Scientific Research International Technical & Intsitutions Workers Union v TNS RMS East Africa Limited (Cause 1894 of 2015) [2022] KEELRC 14641 (KLR) (27 October 2022) (Ruling)
✦ The motion is dismissed as it lacks merit due to the inordinate delay in filing the application
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Mose & 13 others v Mang; Wangari Ndirangu t/a Wangari Ndirangu & Co. Advocates (Respondent) (Cause 267 of 2014) [2022] KEELRC 14657 (KLR) (27 October 2022) (Ruling)
✦ The court held that the consent judgment dated January 27, 2016, was not adopted as an order of the court and that the claimants were not party to the consent judgment.
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Agricultural Society of Kenya v Kwambai & another (Civil Appeal E34 of 2019) [2022] KEELRC 12962 (KLR) (27 October 2022) (Judgment)
✦ The appeal is dismissed.
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Kenya National Union of Nurses v Kitengela Medical Services (Cause 832 of 2019) [2022] KEELRC 12960 (KLR) (27 October 2022) (Ruling)
✦ The Respondent's application is dismissed with costs to the Claimant
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Njenga v Muchiri t/a Neema Apartments (Cause 134 of 2018) [2022] KEELRC 12955 (KLR) (27 October 2022) (Ruling)
✦ The application is dismissed with costs to the claimant.
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Kenya Union of Domestic, Hotels, Educational Institutions & Hospital Workers (KUDHEIHA) v BOM Cheptenye Boys High School (Cause E011, 12 & 13 of 2021 (Consolidated)) [2022] KEELRC 13024 (KLR) (27 October 2022) (Judgment)
✦ The court found no evidence of unlawful redundancy and dismissed the grievants' claims of constructive dismissal.
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Ouma v Faulu Microfinance Bank Ltd (Cause E015 of 2022) [2022] KEELRC 13040 (KLR) (27 October 2022) (Ruling)
✦ The court has jurisdiction to hear the matter and grant injunctive orders.
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Cherogony v African Rural Agricultural Credit Association & another (Cause 1888 of 2017) [2022] KEELRC 14645 (KLR) (27 October 2022) (Judgment)
✦ The 2nd Respondent is not liable for consultancy fees as it did not have a contract with the Claimant and is not an agent of the 2nd Respondent. The claim is dismissed with no order as to costs.
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Endire & 4 others v Kisumu Water & Sewerage Co Limited (Cause 79 of 2015) [2022] KEELRC 12995 (KLR) (27 October 2022) (Judgment)
✦ The court found that the claimants were not unfairly terminated and dismissed their claims for special damages, general damages, and other relief.
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Oyatsi v Kenya Post Office Savings Bank (Cause 979 of 2017) [2022] KEELRC 13231 (KLR) (27 October 2022) (Judgment)
✦ The court dismissed the claimant's petition and declared that the respondent's conduct did not violate the claimant's right to legitimate expectation.
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Maleche v Kenya Revenue Authority (Cause 676 of 2011) [2022] KEELRC 14660 (KLR) (27 October 2022) (Ruling)
✦ The claim is time-barred and dismissed.
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Muindi v Roberto (Cause 1911 of 2014) [2022] KEELRC 14656 (KLR) (27 October 2022) (Judgment)
✦ The court finds in favor of the claimant for payment of notice pay at Ksh 12,000 only.
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Obonyo v Teachers Service Commission (Cause E075 of 2021) [2022] KEELRC 12956 (KLR) (27 October 2022) (Judgment)
✦ The court found the dismissal to be unfair and ordered reinstatement.
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Matheka v Nyaga & another; Registrar of Trade Unions (Interested Party) (Employment and Labour Relations Petition E015 of 2022) [2022] KEELRC 12945 (KLR) (27 October 2022) (Judgment)
✦ The petitioner was removed from his position as Treasurer in violation of the Kenya Airline Pilots Association Constitution and the Fair Administrative Action Act
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Kenya County Workers Union v Bomet Water and Sanitation Company Limited (Cause E015 of 2021) [2022] KEELRC 12999 (KLR) (27 October 2022) (Judgment)
✦ The court found that the termination was lawful and that the claimant had not exhausted internal dispute resolution mechanisms.