Kenyan case law
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Peter Otieno Ombude v Kenya Plantation & Agricultural Workers [2015] KEELRC 745 (KLR)
✦ The Respondent did not provide valid reasons for suspending the Claimant and due process was not followed.
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Pilisila Iminza Akoyo v Farzana Zahir [2015] KEELRC 728 (KLR)
✦ Claimant awarded 1 month salary in lieu of notice, 11,000/=; 15 days salary for each year worked, 11,000 x 15/30 x 2 = 11,000/=; leave allowance for 2 years, 11,000 x 2 = 22,000/=; general damages for unlawful termination, 11,000 x 6 = 66,000/=; total due 110,000/=
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Obonyo O. Waringa & 3 others v New Kenya Co-Operative Creameries Limited [2015] KEELRC 801 (KLR)
✦ The Respondent had valid reasons for terminating the Claimants' employment and followed due procedure.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA Workers) v Muthetheni Girls Secondary School [2015] KEELRC 783 (KLR)
✦ The dismissal was fair and valid, and the claimant's allegations of unfair dismissal are dismissed.
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John Waruinge Kamau v Phoenix Aviation Limited [2015] KEELRC 788 (KLR)
✦ The consent judgment entered by the claimant's former advocate is set aside ex debito justiciae, and the case is ordered to proceed to full trial.
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Rama Krishnarao v Saj Ceramics Ltd [2015] KEELRC 787 (KLR)
✦ The claimant's employment was not unlawfully terminated, and he was paid his terminal benefits.
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Joseph M. Miano v Intersecurity Services Limited [2015] KEELRC 776 (KLR)
✦ The termination was unfair as there was no justifiable reason for dismissal and no fair procedure was followed.
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Edward Masinde Juma v Kampala Coach Ltd [2015] KEELRC 777 (KLR)
✦ The claimant's claim is dismissed with no orders for costs.
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P O O v Nairobi City County [2015] KEELRC 727 (KLR)
✦ The dismissal was unlawful, unfair, and unprocedural.
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Kenya National Union of Nurses v Samuel Kambi Kazungu (Cabinet Secretary, Ministry of Labour, Social Security and Services & 4 others [2015] KEELRC 738 (KLR)
✦ The Court granted the application for stay of implementation of the Kenya Gazette Supplement No. 19 and ordered the 1st Respondent to pay the costs of the application.
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Kenya Chemical And Allied Workers Union v East African Portland Cement Company Limited [2015] KEELRC 781 (KLR)
✦ The Respondents have breached the terms of the Collective Bargaining Agreement by paying staff on contract less than those on permanent basis.
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Joseph Kahuko Mwangi & 183 others v Kenya Shell Ltd [2015] KEELRC 1616 (KLR)
✦ The matter is hereby marked as settled. Each party bears its own costs. The claimants have no claims whatsoever against the respondent, its officers, or shareholders. The orders of 30th June 2010 and 10th October 2011 are hereby set aside.
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Kenya National Union of Nurses v Kiambu County Public Service Board & 2 others [2015] KEELRC 756 (KLR)
✦ The court confirms the interim orders and directs the respondent to comply with them immediately, failing which contempt proceedings will be instituted.
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Peter Ongango Ochuoga v Payless Car Hire &Tours; [2015] KEELRC 621 (KLR)
✦ The Application to set aside the Judgment of Hon. Rika, J. delivered on 12th May 2013 is dismissed with costs.
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Josephat Mukhwana Waswa v Moi Teaching & Referral Hospital [2015] KEELRC 807 (KLR)
✦ The suspension of the Claimant was lawful as it had a contractual basis. The summary dismissal was unfair.
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Josphat Munke Ole Mpoe v David Waiganjo Koinange & another [2015] KEELRC 810 (KLR)
✦ The Court dismissed the objection application.
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George Ametieku Opollo v Guaranty Trust Bank (K) Limited [2015] [2015] KEELRC 759 (KLR)
✦ The suit is not statute barred as the continuous injury or damage claims are not time barred and the main claim and counterclaim are not time barred.
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Phillip Mghanga v Mumi Hotels & Resorts Ltd. T/A Bahari Beach Hotel [2015] KEELRC 808 (KLR)
✦ The suit is not time barred as the dispute settlement mechanism was commenced within 28 days and continued until it was referred to this court.
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Kenya Union of Entertainment & Music Industry Employees v Sports Stadia Management Board [2015] KEELRC 748 (KLR)
✦ The Court directs the Respondent to implement the deduction of agency fees under the Labour Relations Act, No. 14 of 2007, and to pay any arrears of agency fees.
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Nahason Njogu Njoroge v Murata Co-Operative Savings And Credit Society Limited [2015] KEELRC 832 (KLR)
✦ Claimant is entitled to Kshs. 1,105,104.00. Respondent is entitled to Kshs. 790,080.00, which is set off against the amount due to the claimant. Each party bears their own costs.
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Kenya Union of Entertainment and Music Industry Employees v Vanguard Limited [2015] KEELRC 750 (KLR)
✦ The court reduces the costs allowed to Kshs 10,000 for the Notice of Motion Application and replaces the allowed amount of Kshs 16,000 with Kshs 8,000 for getting up fees.
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Chrispinus Ouma Okiya v City Council of Nairobi & another [2015] KEELRC 754 (KLR)
✦ Claimant is entitled to payment of Kshs.134,832.00 for salary during suspension and interest, but the claim for compensation for unlawful dismissal is dismissed.
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Robert Baraza Malo v One Way Cleaning Services Limited [2015] KEELRC 757 (KLR)
✦ The employment was terminated by the Claimant's absconding from duty, and the Claimant is partially successful with his claim for compensation.
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Kenya Building, Construction, Timber Furniture & Allied Industries Employees Union v Westcon Contractors (K) Ltd [2015] KEELRC 813 (KLR)
✦ The claimant's suit is dismissed with orders that the claimant will pay the respondent's costs of the suit
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Kenya Scientific Research International Technical & Institution Union v Kenya Medical Supplies Agency (KEMSA) [2015] KEELRC 805 (KLR)
✦ The court finds merit in the application and orders the Respondents to allow the Applicants access to their premises for recruitment and union membership purposes within reasonable time.