Kenyan case law
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Kenya Concrete, Structural, Ceramic Tiles Wood Plys and Interior Design Workers Union v Timsales Limited (Cause E350 of 2022) [2022] KEELRC 12939 (KLR) (27 October 2022) (Ruling)
✦ The motion is declined with costs, and the dispute is to be determined by viva voce evidence.
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Taireni Association of Mijikenda v Kenya Ports Authority (Petition E015 of 2021) [2022] KEELRC 12974 (KLR) (27 October 2022) (Judgment)
✦ The petition is dismissed as the petitioner failed to make out a case against the respondent regarding discrimination in the recruitment process.
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Fadhil v Diamond Trust Bank Kenya Ltd (Cause 489 of 2018) [2022] KEELRC 13008 (KLR) (27 October 2022) (Judgment)
✦ The termination of the Claimant’s employment was procedurally unfair and prejudicial.
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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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Gakui v KCA University (Cause 1281 of 2017) [2022] KEELRC 14653 (KLR) (27 October 2022) (Ruling)
✦ The application is allowed on conditions that the claimant secure a hearing date within 30 days and pay the respondent costs of Ksh 15,000 before the hearing date.
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Saina v Kaimosi Tea Estates Ltd (Cause 30 of 2021) [2022] KEELRC 13034 (KLR) (27 October 2022) (Judgment)
✦ The Court found that the Claimant was unlawfully and unfairly dismissed from employment by the Respondent.
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Superforam Limited v Olwanda & 7 others (Appeal E007 of 2022) [2022] KEELRC 14650 (KLR) (27 October 2022) (Ruling)
✦ The court dismissed the application, finding that the respondents' actions were not protected under the Employment Act and that the court's findings were not subject to review.
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Kaguthi & 11 others v Principal Secretary Ministry of Interior and Coordination of National Government (PS Interior) & another (Petition E084 of 2020) [2022] KEELRC 14642 (KLR) (27 October 2022) (Judgment)
✦ Petitioners are entitled to Kshs. 117,040,000 in underpayment, Kshs. 1,000 as a token award, and gratuity at 31% of the gross salary for 22 months of service.
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David v Registered Trustees of Scott Christian University (Cause 1215 of 2015) [2022] KEELRC 13001 (KLR) (27 October 2022) (Judgment)
✦ The termination of the claimant's employment was substantively and procedurally unfair, and he is entitled to compensation.
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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 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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Mwaki v Harley’s Limited (Cause 3 of 2017) [2022] KEELRC 14658 (KLR) (27 October 2022) (Ruling)
✦ The claimant's suit is reinstated with conditions.
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Ouma v Dado (HON) (Cause 51 of 2018) [2022] KEELRC 13036 (KLR) (27 October 2022) (Judgment)
✦ The court found that the dismissal was unfair, unlawful, and illegal, and ordered compensation and interest.
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Rikai v East African Portland Cement PLC (Cause E563 of 2020) [2022] KEELRC 14651 (KLR) (27 October 2022) (Ruling)
✦ Application for stay of execution is dismissed with costs to the claimant
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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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Ndiritu v H Young & Company (East Africa) Limited (Employment and Labour Relations Appeal E078 of 2020) [2022] KEELRC 13006 (KLR) (27 October 2022) (Judgment)
✦ The court finds that the claimant was a union member and the respondent had deducted union dues from him. The court upholds the trial court's decision to award the claimant the balance of Kshs 293,145 and orders the respondent to pay interest and costs.
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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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Wambu v Searite Holdings Limited (Employment and Labour Relations Cause 1614 of 2016) [2022] KEELRC 12950 (KLR) (27 October 2022) (Judgment)
✦ The Court found that the Respondent did not make a fundamental change to the contract of employment unilaterally, and the Claimant did not provide sufficient evidence to prove constructive dismissal.
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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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Nyanchoka v Rana Body Shop Limited (Cause 2007 of 2015) [2022] KEELRC 14665 (KLR) (27 October 2022) (Ruling)
✦ The application is allowed subject to certain conditions
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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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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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Ondaka v Kisii Security Guards; KCB Bank Limited Kisii Branch (Garnishee) (Cause 35 of 2018) [2022] KEELRC 12961 (KLR) (27 October 2022) (Ruling)
✦ The motion is dismissed with no orders as costs
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Awori v Kenya Civil Aviation Authority (Cause E595 of 2021) [2022] KEELRC 14669 (KLR) (27 October 2022) (Ruling)
✦ The court dismissed the application without merits and ordered the claimant to set the matter down for hearing of the main claim.
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Ndiyone v Carslake Nominees Limites t/a Diani Sea Resort & another (Cause E024 of 2021) [2022] KEELRC 12968 (KLR) (27 October 2022) (Judgment)
✦ The Court awards the Claimant compensation equivalent to six months' salary for unfair termination, unpaid leave days for 2019 and 2020, one month salary in lieu of notice, and a total of Ksh.1,036,708.