Kenyan case law
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Nyaoro v Freight in Time Limited (Cause 371 of 2019) [2023] KEELRC 2857 (KLR) (10 November 2023) (Judgment)
✦ The Court finds that the absence of 13 days was not reported and no disciplinary case was initiated, making the deduction unfair. The claimant is entitled to March salary Kshs.350,000.00, April salary Kshs.70,000.00, and the sum above payable by 15.12.2023 failing interest rate at Court rates be payable from the date of filing the suit till full payment.
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Katana v Equity Bank Limited (Cause 902 of 2018) [2023] KEELRC 2858 (KLR) (10 November 2023) (Judgment)
✦ The termination was found to be unfair and the claimant is awarded 6 months compensation plus a month salary in lieu of notice.
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Njuguna v Mount Kenya University (Cause E6563 of 2020) [2023] KEELRC 2844 (KLR) (10 November 2023) (Judgment)
✦ Termination was procedurally flawed and therefore unfair, and the Respondent is ordered to pay compensation of Kshs. 300,000.
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Emoit v Radar Limited (Cause 1871 of 2017) [2023] KEELRC 2882 (KLR) (10 November 2023) (Judgment)
✦ The Court found the termination unfair and unlawful due to lack of substantive justification and procedural fairness.
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Mutabari v Unga Farm Care (EA) Limited (Cause 1570 of 2018) [2023] KEELRC 2887 (KLR) (10 November 2023) (Judgment)
✦ The Claimant is awarded compensatory damages in the sum of Kshs 390,000.00 and interest on the amount at court rates from the date of judgment until payment in full. The Claimant shall have the costs of the suit.
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Orwa v China Roads and Bridges Corporation (K) Limited & another (Appeal 11 of 2023) [2023] KEELRC 2845 (KLR) (10 November 2023) (Judgment)
✦ The appeal is hereby dismissed with costs.
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Chepng’otie v Kenya Kazi Security Services (Employment and Labour Relations Cause 36 of 2017) [2023] KEELRC 2868 (KLR) (10 November 2023) (Judgment)
✦ The Claimant voluntarily resigned from employment and is not entitled to the remedies sought.
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Mbithi v Simba Hospitality Services Ltd (Cause 403 of 2019) [2023] KEELRC 2856 (KLR) (10 November 2023) (Judgment)
✦ The Court finds the termination fair and procedurally correct, and dismisses the claimant's suit with costs.
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Transport and Allied Workers Union v Kenya Bus Services Limited (Cause 68 of 2006) [2023] KEELRC 2902 (KLR) (10 November 2023) (Ruling)
✦ The Court directs the applicants to file their responses to the Motion dated March 13, 2014 within 14 days from the date of this ruling.
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Ambasa & 4 others v National Executive Council of the Kenya National Union of Teachers & 3 others (Petition E037 of 2023) [2023] KEELRC 2826 (KLR) (10 November 2023) (Judgment)
✦ The petition is dismissed. The Attorney General is to consider taking appropriate action towards enactment of legislation on the participation of the people or public participation.
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Kathure v Ministry of Works Sports Club (Cause E119 of 2023) [2023] KEELRC 2884 (KLR) (10 November 2023) (Judgment)
✦ The claimant is entitled to severance pay but not to unpaid leave pay or punitive damages.
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Kanga v County Public Service Board of Tharaka Nithi County & another (Cause E022 of 2021) [2023] KEELRC 2862 (KLR) (10 November 2023) (Judgment)
✦ Claimant is entitled to payment of his salaries and allowances for the period from September 11, 2017 to August 13, 2019. Claimant is also entitled to gratuity at the rate of 31% of his annual basic salary for the six-year contract.
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Kudheiha Workers Union v Managing Director Pulver Karr Limited (Cause 1384 of 2018) [2023] KEELRC 2883 (KLR) (10 November 2023) (Judgment)
✦ The Respondent is a proper party to the suit. The Grievant absconded duty and was not unfairly terminated.
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Rukaria v Attorney General; Debasso & another (Interested Parties) (Petition 2 of 2023) [2023] KEELRC 2824 (KLR) (10 November 2023) (Judgment)
✦ The court held that the Employment and Labour Relations Court had jurisdiction, that public service laws governed state corporation appointments, and that the revocation was improper.
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Railways & Allied Workers Union (K) v Rift Valley Railways (K) Limited (Cause 949 of 2012) [2023] KEELRC 2866 (KLR) (10 November 2023) (Ruling)
✦ The application to reinstate the suit is dismissed. There shall be no orders as to costs.
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Njeri v Khalif Modern Homes Ltd (Employment and Labour Relations Appeal E138 of 2022) [2023] KEELRC 2890 (KLR) (10 November 2023) (Judgment)
✦ The Court found that the Respondent did not prove the reasons for the Appellant's termination and that the termination was not fair.
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Njuki v Cooperative Bank of Kenya Limited (Cause 5 of 2020) [2023] KEELRC 2865 (KLR) (10 November 2023) (Judgment)
✦ The dismissal was not grounded on a valid and fair reason.
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Rift Valley Railways Workers Union (K) v Kenya Railways Corporation & another (Employment and Labour Relations Cause 37 of 2013) [2023] KEELRC 2875 (KLR) (10 November 2023) (Ruling)
✦ The application to dismiss the suit for want of prosecution is dismissed. The parties will be given another opportunity to discuss and agree on costs, or the court will assess them.
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Kaloki v Fracht Kenya Limited (Cause E043 of 2022) [2023] KEELRC 2885 (KLR) (10 November 2023) (Judgment)
✦ Claimant’s termination was wrongful, unfair and unlawful. Claimant is entitled to a declaration, special damages, and costs.
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Odhiambo v Agility Logistics Limited (Cause E884 of 2021) [2023] KEELRC 2888 (KLR) (10 November 2023) (Judgment)
✦ The termination was not fair and lawful as the Respondent failed to prove that the redundancy was based on operational requirements.
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Kalimoni v Powerful Construction Limited (Miscellaneous Cause E041 of 2023) [2023] KEELRC 2991 (KLR) (10 November 2023) (Ruling)
✦ The court adopts the assessment made by DOSH and orders the Respondent to pay Kshs 446,400 to the Applicant.
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Veteran Pharmaceuticals Limited v Ngeresa (Employment and Labour Relations Appeal E052 of 2022) [2023] KEELRC 2919 (KLR) (10 November 2023) (Judgment)
✦ The court found that the Respondent's employment was not unfairly terminated and that the trial court erred in awarding house allowance and one month's pay in lieu of notice.
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Kenya Union of Commercial Food and Allied Workers v Satnam Enterprises Hardware Limited (Cause E005 of 2023) [2023] KEELRC 2872 (KLR) (10 November 2023) (Judgment)
✦ The court found in favor of the Claimant and ordered the Respondent to recognize the Claimant union, deduct and remit union dues, and engage in collective bargaining.
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Aduord & 2 others v Judicial Service Commission (Cause E262 of 2015) [2023] KEELRC 2871 (KLR) (10 November 2023) (Ruling)
✦ The claimants' claims are time barred and contrary to the provisions of Section 90 of the Employment Act, 2007.
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Kariuki & another v Multi Packaging Limited t/a Print Pak (Cause 1030 of 2018) [2023] KEELRC 3129 (KLR) (10 November 2023) (Judgment)
✦ The termination of the Claimants' employment is declared unlawful, wrongful, and unfair. The Claimants are awarded one month's salary in lieu of notice, underpayments, and compensation for unfair termination.