Kenyan case law
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Peter Ngau Nzioka v Muthaiga Golf Club [2018] KEELRC 688 (KLR)
✦ Ordering stay of proceedings pending appeal on condition that Respondent/Applicant furnishes a suitable bank guarantee of Kshs. 500,000/- as security for costs
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Jane Wambui Macharia v Presbyterian University of East Africa [2018] KEELRC 907 (KLR)
✦ Compulsory leave and disciplinary hearing were unlawful, unfair, and irregular. Claimant is entitled to a declaration, acting allowance, and accrued salary.
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Too v Judicial Service Commission (Judicial Review 27 of 2017) [2018] KEELRC 854 (KLR) (19 October 2018) (Ruling)
✦ The application for leave to operate as a stay is rejected, and the application proceeds for full hearing.
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Anthony Mugetha Irungu v Co-operative University College of Kenya [2018] KEELRC 903 (KLR)
✦ The court declared that the claimant was a permanent employee of the respondent and that the termination of his employment was unlawful, malicious, and unprocedural. The court ordered the respondent to pay the claimant 10 months' gross salaries in compensation for the unfair termination and to pay costs of the suit.
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Lilian Syokau Mathew v Netplan East Africa Limited [2018] KEELRC 904 (KLR)
✦ The redundancy was unprocedural and the claimant is entitled to salary in lieu of notice, July 2011 salary, part salary for April 2011, 10 days salary for September 2011, severance pay, interest on the disputed sum, and compensation for delay in payment.
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Peterson Wachira and George Gibore (Suing on behalf of themselves and of Clinical Officers) v Registrar of Trade Unions & 3 others [2018] KEELRC 909 (KLR)
✦ The court finds no merit in the preliminary objection filed by the appellants and dismisses the same.
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Cosmus Mwaniki Kipingazi v Barclays Bank of Kenya Limited [2018] KEELRC 908 (KLR)
✦ The termination was fair and justified, and the claim is rejected.
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David Eris v Baloon Safaris Limited [2018] KEELRC 779 (KLR)
✦ The application for dismissal of the case for want of prosecution is dismissed. The Deputy Registrar is directed to give the parties a chance to set down the case for hearing on a priority basis.
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Mary Waithira Wambui v Wagika Holdings Ltd [2018] KEELRC 2597 (KLR)
✦ Termination of employment was unfair, claimant entitled to underpayments, overtime pay, public holiday work compensation, leave days compensation, and salary for days worked.
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Kennedy Okuku v Adok Timo Micro Finance Company [2018] KEELRC 878 (KLR)
✦ The court dismisses the claims for constructive dismissal and awards compensation for unpaid salary and notice pay to the employees.
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Catherine Njoki Mwangi & another v Wagika Holdings Ltd [2018] KEELRC 23 (KLR)
✦ Claimants are awarded compensation, notice pay, underpayment, public holidays, salary for 15 days worked, and leave pay. Employment termination was found to be unfair.
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Willis Okach Randiga v Attorney General [2018] KEELRC 892 (KLR)
✦ The application is struck off for having been filed after inordinate delay
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Kenya Union of Commercial, Food and Allied Workers v Eldama Ravine Water & Sewerage Co. Ltd & 2 others [2018] KEELRC 2585 (KLR)
✦ The 2nd respondent is wrongly enjoined and costs are awarded to the 2nd respondent.
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Kenya Union of Commercial Food & Allied Workers v China Sach Holdings Limited (Now Trading as Haojuz Holding Kenya Limited [2018] KEELRC 5 (KLR)
✦ The court finds the respondent failed to adhere to procedural and substantive justice in terminating the grievant's employment, which is contrary to the law and therefore unfair.
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Aloice Ager v Kisumu County Public Service Board [2018] KEELRC 884 (KLR)
✦ The Application is dismissed in its entirety with costs to be borne by the Exparte Applicant.
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Stephen Njihia Kimani v George Gitonga t/a Gachagua Saw Mills [2018] KEELRC 20 (KLR)
✦ The application for time extension is premature as the applicant must follow the procedure under the Work Injury Benefit Act, 2007 by addressing the complaint to the Director of Occupational Health and Safety within the statutory time period.
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Aga Khan Hospital v Hellen Akinyi Omondi [2018] KEELRC 885 (KLR)
✦ The appeal is dismissed with costs, and the award of general damages by the trial court is confirmed.
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James Gerishom Ilatsya v Moi University & another [2018] KEELRC 13 (KLR)
✦ The court held that the petition is not time barred and that the petitioner's constitutional rights were violated. The court also found that the petitioner was not entitled to the remedies sought.
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Patrick K Maina v Tusker Mattresses Limited [2018] KEELRC 18 (KLR)
✦ The termination was procedurally unfair and the claimant is awarded compensation
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Villier Omolo Nabuteya v Mumias Sugar Company Limited [2018] KEELRC 815 (KLR)
✦ The termination was lawful and followed a fair procedure.
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Kenya Union of Commercial, Food and Allied Workers v Kenya Planters Co-operative Union [2018] KEELRC 807 (KLR)
✦ The court confirmed the previous judgment and awarded compensation to the affected employees.
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Lynette Pereira v Kenya Motor Sports Federation Limited [2018] KEELRC 890 (KLR)
✦ The appeal is dismissed and the stay of execution is denied.
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Azmina Mohammed Akbar Khan v Victoria Furnitures Limited [2018] KEELRC 982 (KLR)
✦ The Claim is rejected in its entirety
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Anthony Thuo Kanai v Cannon Assurance Limited [2018] KEELRC 831 (KLR)
✦ The Court found the termination to be lawful and procedurally fair, and dismissed the claims.
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Daniel Thuo Kabi & 8 others v General Motors East Africa Limited [2018] KEELRC 924 (KLR)
✦ The Court finds that the Claimants were bound by the terms and conditions of service negotiated and agreed between their trade union and the employer under the 2013 Collective Bargaining Agreement, and the suit is not a nullity.