Kenyan case law
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Zeze v Njoki (Civil Appeal E227 of 2022) [2024] KEELRC 2651 (KLR) (31 October 2024) (Judgment)
✦ The Appellant's appeal is partially successful, and the award by the learned trial Magistrate is varied. The Appellant will receive 1 month's salary in lieu of notice, 4 months' salary in compensation, and service pay for 8 years.
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Siundu v Comply Industries (Miscellaneous Civil Application E56 of 2024) [2024] KEELRC 2770 (KLR) (31 October 2024) (Ruling)
✦ The court orders the respondent to pay the applicant a sum of Kshs.461,960/31 as assessed and awarded by the Directorate of Occupational Health and Safety.
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Thoya v Ennio Limited (Appeal E014 of 2024) [2024] KEELRC 2687 (KLR) (31 October 2024) (Judgment)
✦ The appeal is dismissed, and the respondent's objections are upheld.
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Mutongu v St Paul’s University (Employment and Labour Relations Petition E081 of 2023) [2024] KEELRC 2690 (KLR) (31 October 2024) (Judgment)
✦ The Court is of the considered view that the decision to summarily dismiss the petitioner was indeed invalid and unfair.
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Oluoch v Mehta Electricals Limited (Appeal E065 of 2021) [2024] KEELRC 2645 (KLR) (31 October 2024) (Judgment)
✦ The Court declines the appeal on grounds 1-6, allowing ground 7 and ordering no costs in the appeal and the trial court.
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Oyugi v Silafrica Kenya Limited (Petition 189 of 2019) [2024] KEELRC 2648 (KLR) (31 October 2024) (Judgment)
✦ The dismissal is declared null and void as the Petitioner had already resigned. The Petitioner is not entitled to compensation for unfair termination as he tendered a valid resignation letter.
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Republic v Counselors & Psychologists Board & another; Ndinda & another (Exparte Applicants) (Judicial Review Application E002 of 2023) [2024] KEELRC 2689 (KLR) (31 October 2024) (Ruling)
✦ The court found the 2nd Respondent's replying affidavits to be incurably defective, untenable, incompetent, and an abuse of the court's process, and ordered their striking out.
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Maingi v Zenith Steel Fabricators Limited (Cause 794 of 2018) [2024] KEELRC 2868 (KLR) (31 October 2024) (Ruling)
✦ The application is dismissed and the suit is dismissed
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Kenyatta National Hospital v Momanyi t/a Nchogu, Omwanza and Nyasimi Advocates (Miscellaneous Application 21 of 2019) [2024] KEELRC 2644 (KLR) (31 October 2024) (Ruling)
✦ The court grants the application for enlargement of time to file the Reference, finding justifiable reasons for the delay and ruling that the court has jurisdiction to entertain the application.
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Mureriwa v Salvation Army Leaders’ Training College of Africa and Resource Centre Limited (Employment and Labour Relations Cause E325 of 2022) [2024] KEELRC 2642 (KLR) (31 October 2024) (Judgment)
✦ The Claimant's case against the Respondent is devoid of merit.
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Mackins v West Nairobi School & another (Cause E407 of 2024) [2024] KEELRC 2668 (KLR) (31 October 2024) (Ruling)
✦ The Claimant's application is declined with costs.
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Masai & another (Suing as Administrators of the Estate of the Late Muinde Mwendwa) v China Communication Construction Company Limited & 2 others (Appeal E003 of 2023) [2024] KEELRC 2685 (KLR) (31 October 2024) (Ruling)
✦ The court found that the appellants did not exhaust the objection procedures under Section 51(1) of the Work Injury Benefits Act before filing the appeal, and thus the appeal was premature.
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Maina v Bajrang Construction Limited (Cause 826 of 2016) [2024] KEELRC 2670 (KLR) (31 October 2024) (Judgment)
✦ Termination was declared unfair, and the Respondent was ordered to pay notice and compensation for unfair termination.
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Owino v Mumias Sugar Company Ltd (Under Recievership) (Employment and Labour Relations Cause 27 of 2023) [2024] KEELRC 2662 (KLR) (31 October 2024) (Judgment)
✦ The claimant is entitled to the orders sought, including salary arrears and gratuity.
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Avula v Royal Group Industires (K) Limited (Cause 21 of 2019) [2024] KEELRC 13608 (KLR) (31 October 2024) (Judgment)
✦ The court declared the dismissal of the claimant by the respondent wrongful, unfair, and unlawful and awarded compensation and other remedies.
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Metet v Co-operative Bank of Kenya Limited (Cause E390 of 2022) [2024] KEELRC 2675 (KLR) (31 October 2024) (Judgment)
✦ The Claimant’s employment was lawfully terminated due to gross misconduct.
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Kenya Shipping Clearing & Warehouses Workers Union v Maya Limited (Employment and Labour Relations Cause 898 of 2018) [2024] KEELRC 2773 (KLR) (31 October 2024) (Judgment)
✦ The court finds that the Claimant's claim is time-barred and the Respondent followed procedural fairness in terminating the grievant. The issue of reinstatement has been overtaken by events.
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Kinoti & 3 others v Kenya Union of Post Primary Education (KUPPET) Teachers & another; Lengoyiap (Intended Interested Party) (Employment and Labour Relations Petition E044 of 2024) [2024] KEELRC 2707 (KLR) (31 October 2024) (Ruling)
✦ Both applications have merit and are allowed
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Egesa v Women Enterprise Fund Advisory Board (Cause 967 of 2016) [2024] KEELRC 2646 (KLR) (31 October 2024) (Judgment)
✦ Termination of the Claimant's contract by the Respondent was unfair. The Respondent shall pay compensation for unfair termination equivalent of 7 months' salary and 1-month salary in lieu of notice.
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Kinuthia v Insta-Pumps Engineering Limited (Cause 541 of 2019) [2024] KEELRC 2673 (KLR) (31 October 2024) (Judgment)
✦ Termination was declared unfair, and the Respondent was ordered to pay the Claimant 5 months' salary in compensation for unfair termination, 6 months' salary arrears, and 3 months' notice.
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Engoke v Maridadi Flowers Limited (Cause 461 of 2014) [2024] KEELRC 13603 (KLR) (31 October 2024) (Judgment)
✦ The claimant's cause succeeds and the court issues a declaration that the dismissal of the claimant by the respondent was fair and lawful. The claimant's cause is dismissed with no order as to costs.
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Karisa v Co-operation Group Company Limited & another (Appeal E017 of 2024) [2024] KEELRC 2686 (KLR) (31 October 2024) (Judgment)
✦ The court held that the trial court had addressed jurisdiction with finality and delivered a ruling, and that the respondent had no jurisdiction to hear the work injury claim under the Work Injuries Benets Act (WIBA) of 2007.
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Amutavi v Kenya Electricity Transmission Company Ltd (Employment and Labour Relations Cause 858 of 2017) [2024] KEELRC 2714 (KLR) (31 October 2024) (Ruling)
✦ The Respondent's application is allowed, and the Taxing Officer's decision on the Claimant's Bill of Costs is set aside. The instruction fees are reduced from KSHS. 2,000,000 to KSHS. 189,347.21.
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Moiki v Ragos Trading Company Ltd (Cause E478 of 2023) [2024] KEELRC 2649 (KLR) (31 October 2024) (Ruling)
✦ The Notice of Preliminary Objection is upheld, and the case is transferred to the Chief Magistrates Milimani Commercial Courts.
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Kitema v Kenya Electrical Trade & Allied Workers Union (Employment and Labour Relations Cause E061 of 2021) [2024] KEELRC 2705 (KLR) (31 October 2024) (Judgment)
✦ The court dismissed the suit as time-barred under the Employment Act 2007, which limits civil actions to three years from the act complained of.