Kenyan case law
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Moriasi Arabu Josiah v Youth Enterprise Development Fund Board & another [2020] KEELRC 856 (KLR)
✦ The Court found the Respondents in contempt of court and ordered them to be denied audience before the court until they purge the contempt by adhering to the court order.
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Protus Wekesa Munialo v Nzoia Sugar Company Ltd; Joni Consult Auctioneers (Auctioneer) [2020] KEELRC 843 (KLR)
✦ The application for stay of execution is dismissed with costs.
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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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Richard Akama Nyambane v ICG Maltauro Spa [2020] KEELRC 847 (KLR)
✦ The claimant's application is time-barred and denied
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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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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.
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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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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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Kisii County Government & another v Jackson Moindi Ontegi [2020] KEELRC 838 (KLR)
✦ The court has jurisdiction to hear the appeal and grants it on the condition that the appellant deposits the decretal sum in a joint interest, earning account, held by the counsel for the appellant and respondent.
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County Government of Kisumu & another v Kenya Union of Clinical Officers & 3 others;Cabinet Secretary-Labour & Social Protection(Interested Party) [2020] KEELRC 849 (KLR)
✦ The court finds that the applicants have not been candid with the court regarding the budgeting for arrear salaries due and owing to all promoted health workers with effect from 1st July 2019.
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Kenya Engineering Workers Union v M/S Auto Industries Limited & another [2020] KEELRC 771 (KLR)
✦ 2nd Respondent must deduct and remit union dues as per check-off forms submitted
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Felix Muchemi Thirima v Kenya Pipeline Company Limited [2020] KEELRC 855 (KLR)
✦ The court finds the termination lawful and for a valid cause, and dismisses the claimant's reliefs.
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Kenya County Government Workers Union v County Public Service Board of Kiambu County [2020] KEELRC 852 (KLR)
✦ The court found that the claimant had locus standi to represent the grievants and that the termination was unfair.
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Moses Kamau & 6 others v Signature Holdings (E A) Ltd [2020] KEELRC 823 (KLR)
✦ The court declined to grant any of the orders sought in the motion, finding the situation perilous and the risk of redundancies too high.
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Alexander Mutinda Ngila v Paul Iluvya Mutunga & another [2020] KEELRC 854 (KLR)
✦ The Application is dismissed with costs
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Bernard Kiiru Mwangi v Faulu Microfinance Bank Limited (Cause 2187 of 2014) [2020] KEELRC 858 (KLR) (Employment and Labour) (19 June 2020) (Judgment)
✦ Termination was procedurally unfair and substantively invalid
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Banking Insurance & Finance Union (Kenya) v Standard Chartered Bank Kenya Limited [2020] KEELRC 859 (KLR)
✦ The Court finds that the employees in Bands 8 and 9 are unionisable and that the respondent’s promotion of employees to management grades was unlawful and unprocedural.
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Fredrick Ouma Otieno v Falcon Signs Limited [2020] KEELRC 834 (KLR)
✦ Claimant was unfairly terminated and awarded compensation equivalent to 6 months' salary and payment of leave pay.
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Republic v The Selection Panel For Recruitment Of The Auditor-General & another [2020] KEELRC 746 (KLR)
✦ The application for leave to operate as a stay is hereby declined.
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Peter Mutisya Musembi & another v National Bank of Kenya Limited [2020] KEELRC 839 (KLR)
✦ The Court found the termination unlawful and unfair, and ordered the Respondent to implement the Claimants' exit terms similar to those of employees under the voluntary early retirement plan.
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Lily Yeko Ngeywa v World Vision Kenya [2020] KEELRC 845 (KLR)
✦ The termination was not lawful and justified.
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Charles Mironga Nyamwaro v James Leakono & 2 others [2020] KEELRC 844 (KLR)
✦ The claimant is not entitled to the reliefs sought as awarding them would amount to unjust enrichment.
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Philip Theuri v National Police Service Commission & another [2020] KEELRC 773 (KLR)
✦ The injunctive orders given on 27 January 2017 and extended on 18 October 2017 are discharged.
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Kenya County Government Workers Union v County Government of Machakos & another [2020] KEELRC 816 (KLR)
✦ The Union's petition is not barred by the lack of a recognition agreement, and the affidavits filed by the Union are admissible.
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Mathooko v Machakos University (Cause E946 of 2021) [2020] KEELRC 1937 (KLR) (19 June 2020) (Judgment)
✦ The Court found that the Respondent's actions were in compliance with the terms of the employment contract and government circulars, and did not violate the constitutional guarantee to fair administrative action or the Claimant's right to non-discrimination.