Kenyan case law
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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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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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Maleche v Kenya Revenue Authority (Cause 676 of 2011) [2022] KEELRC 14660 (KLR) (27 October 2022) (Ruling)
✦ The claim is time-barred and dismissed.
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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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Odhiambo & another v Quale Holdings Ltd t/a Guyana Guest House (Cause E068 of 2021) [2022] KEELRC 13010 (KLR) (27 October 2022) (Ruling)
✦ The Court has jurisdiction to enforce the Director's decision on compensation assessment, but cannot determine issues of liability between the employer and employee.
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Kathure v University of Nairobi (Cause 115 of 2018) [2022] KEELRC 14661 (KLR) (27 October 2022) (Judgment)
✦ The court finds the termination of employment to be unfair and awards compensation of Ksh.38,778, notice pay of Ksh.12,926.55, leave pay of Ksh.45,241, and rest days of Ksh.99,961.
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Kathumbi v Philip Ocharo t/a Ocharo & Co. Advocates (Cause 2171 of 2017) [2022] KEELRC 12949 (KLR) (27 October 2022) (Judgment)
✦ The court finds that the Claimant was an employee of the Respondent and that the termination was unfair.
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Kenya County Workers Union v Bomet Water and Sanitation Company Limited (Cause E015 of 2021) [2022] KEELRC 12999 (KLR) (27 October 2022) (Judgment)
✦ The court found that the termination was lawful and that the claimant had not exhausted internal dispute resolution mechanisms.
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Butali Sugar Mills v Chibembe (Civil Appeal 22 of 2021) [2022] KEELRC 13039 (KLR) (27 October 2022) (Judgment)
✦ The court held that the trial magistrate court did not err in law and fact in assessing damages in favour of the respondent.
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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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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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Rashid v Spire Bank Limited (Cause 1687 of 2017) [2022] KEELRC 13095 (KLR) (27 October 2022) (Judgment)
✦ The respondent had reasonable grounds to terminate the claimant's employment
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Chiloba & another v Chebukati & 6 others; Attorney General (Interested Party) (Petition 29 of 2018 & Cause 617 of 2019 (Consolidated)) [2022] KEELRC 14636 (KLR) (27 October 2022) (Judgment)
✦ Compulsory leave was not provided for in the 7th respondent’s HR and administrative policies and procedures manual and was thus unavailable to the respondents in the quest to remove the claimant from employment. The claimant was not accorded a fair hearing.
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Nyongesa v Mathara Holdings Limited (Cause 1892 of 2016) [2022] KEELRC 14640 (KLR) (27 October 2022) (Ruling)
✦ The court dismissed the application, finding that the claimant did not meet the threshold for review and that the dismissal order was not arbitrary.
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Kibet v Kobel Tea Factory Company Ltd (Cause E005 of 2022) [2022] KEELRC 13000 (KLR) (27 October 2022) (Judgment)
✦ The claimant was employed on a seasonal contract basis and was unlawfully dismissed.
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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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Nyandega v Savannah Cement Limited (Cause E014 of 2020) [2022] KEELRC 13002 (KLR) (27 October 2022) (Ruling)
✦ The Court allows the application with conditions
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Obonyo v Teachers Service Commission (Cause E075 of 2021) [2022] KEELRC 12956 (KLR) (27 October 2022) (Judgment)
✦ The court found the dismissal to be unfair and ordered reinstatement.
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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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Onyango v Frodak Cleaning Services Ltd (Cause 78 of 2018) [2022] KEELRC 12941 (KLR) (26 October 2022) (Judgment)
✦ The court finds that the claimant's supervisor stopped him from working on December 15, 2017, allegedly because of theft allegations, leading to unfair termination.
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Nyambane v County Government of Nyamira & 4 others (Petition E017 of 2022) [2022] KEELRC 12942 (KLR) (26 October 2022) (Judgment)
✦ The Petition and Motion are struck out with costs.
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Barasa v Ashoke & another (Cause 535 of 2018) [2022] KEELRC 12991 (KLR) (26 October 2022) (Judgment)
✦ The court held that the Claimant's employment was terminated on November 30, 2017, for lack of diligence and non-performance of duties, and that the termination was procedurally fair.
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Mumira v Oshwal Education and Relief Board (Cause 97 of 2018) [2022] KEELRC 12944 (KLR) (26 October 2022) (Judgment)
✦ The termination was found to be unfair as it did not comply with the mandatory conditions of redundancy as per Section 40 of the Employment Act, 2007.
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Cherutich v Rural Electrification & Renewable Energy Corporation (Cause 12 of 2019) [2022] KEELRC 12984 (KLR) (26 October 2022) (Judgment)
✦ The Court dismissed the claim with costs, finding no merit in the cause.
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Arodi v Modern Western Coach (Cause 24 of 2017) [2022] KEELRC 12943 (KLR) (26 October 2022) (Judgment)
✦ The Court finds that Claimant was an employee of Respondent and that Respondent unfairly terminated the Claimant's employment on 5 July 2016.