Kenyan case law
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Josephat Nyakeriga Asiago v Guardex Security Services Limited [2018] KEELRC 934 (KLR)
✦ The Claimant's claim for medical expenses and salary arrears is dismissed as not specifically proved.
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Banking, Insurance & Finance Union (Kenya) v Equity Bank (Kenya) Limited [2018] KEELRC 965 (KLR)
✦ The suit is fatally incompetent as the grievant was never a member of the union and lacks legal capacity to represent him.
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Sabina Naututu Wafula v Elizabeth Mwonga Mzaza & another [2018] KEELRC 916 (KLR)
✦ The claimant is entitled to a sum of Kshs.110,953.10 and a certificate of service from the respondents. The respondents are ordered to pay part of the claimant's costs of the suit.
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Bernard Kamau Kariuki & 37 others v Kenya Planters Co-operative Union [2018] KEELRC 962 (KLR)
✦ The suit is statute barred as it was filed more than 3 years after the act, neglect or default complained of.
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Kenya Wine Agencies v Yobesh Amoro [2018] KEELRC 970 (KLR)
✦ The application to introduce counterclaim is dismissed as the amendments substantially alter the nature of the original suit and are prejudicial to the administration of justice.
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Kenya Building, Construction, Timber and Furniture Industries Employees Union v Roads and Civil Engineering Contractors Association (RACEDA) [2018] KEELRC 918 (KLR)
✦ The court found that the parties agreed on the effective date of the CBA to be 1/1/17 and ordered the respondent to sign the revised CBA with this effective date.
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Christine Okoko Chacha v Green Belt Movement [2018] KEELRC 919 (KLR)
✦ The court orders the Respondent to pay the claimant Kshs 125,000 as agreed redundancy settlement, Kshs 511,700 for unpaid salary for August, September, and October 2014, and Kshs 636,700 in total.
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Jacqueline Arkle v Five Forty Aviation Limited [2018] KEELRC 933 (KLR)
✦ The Court dismisses the Respondent’s entire counterclaim and enters judgment in favor of the Claimant for USD 38,000 in compensation for unlawful and unfair termination, Kshs. 5,000,000 in damages for defamation, and USD 5135 for unlawful surcharge on account of air tickets.
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Juliana Mutisya & 2 others v National Gender and Equality Commission & another [2018] KEELRC 898 (KLR)
✦ Dismissal of all applications
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Johnson K. Cheruiyot v Attorney General [2018] KEELRC 713 (KLR)
✦ Retirement in public interest was unlawful and unfair
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Kenya Scientific Research International Technical and Allied Institutions Workers Union v M/S Friends Community Centre Ofafa Nairobi & 2 others [2018] KEELRC 963 (KLR)
✦ The application is allowed, and the court declares that the full amount agreed upon was fully settled, issues a permanent injunction, and withdraws the warrants of attachment.
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John Muthengi Muthui v Added Performance Kenya Limited [2018] KEELRC 959 (KLR)
✦ The termination of the claimant's employment was unfair, and he is awarded one month's salary in lieu of notice and maximum compensation of Kshs.198,168.
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Paul Mungai Muiruri & 5 others v Registrar of Trade Unions [2018] KEELRC 977 (KLR)
✦ The appeal is devoid of merits and is dismissed with no costs.
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Peter Mwangi Maina v Standard Group Limited [2018] KEELRC 913 (KLR)
✦ The termination was unfair and unlawful due to lack of a fair procedure and the claimant was never given a chance to defend himself.
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Njuguna v Kenya Tea Development Agency Limited (Cause 895 of 2013) [2018] KEELRC 2609 (KLR) (12 October 2018) (Judgment)
✦ The court finds that the termination of the claimant on account of redundancy was unlawful and dismisses the suit with no order as to costs.
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Aphonse Mwangemi Munga & 10 others (suing on behalf and on behalf of 367 employees of African Safari Club Limited) v African Safari Club Limited & 2 others [2018] KEELRC 975 (KLR)
✦ The preliminary objections filed by the claimants and 1st Interested Party are upheld, and the applicant is in contempt of court orders. The warrants of arrest are confirmed and extended until the applicant purges the contempt.
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Abdalla Osman & 628 others v Standard Chartered Bank(K) Limited & 11 others [2018] KEELRC 978 (KLR)
✦ The court lacks jurisdiction to entertain the suit due to the doctrine of exhaustion, as the claimants have not exhausted the alternative procedure provided by the Retirement Benefits Act.
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Rachel Asiko Angatia & 3 others v Heritage Insurance Company Limited [2018] KEELRC 964 (KLR)
✦ The Court of Appeal decision in Civil Appeal No. 114 of 2016 was per incuriam and not binding on this court.
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Enos Lwamba v Patrick Lihanda & 10 others [2018] KEELRC 939 (KLR)
✦ The court granted the interim injunction pending the hearing of the suit, confirming the exparte orders already granted.
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Peter Tinga Kalu & another v Yuntra Limited [2018] KEELRC 955 (KLR)
✦ The Court found that the Respondent unlawfully and unfairly terminated the Claimants' employment and awarded them compensation.
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James Gitau Njoroge & another v Buchana Coffee Growers Co-operative Society [2018] KEELRC 638 (KLR)
✦ The suit is dismissed as the claim by the former employees of the Respondent is without any basis.
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Kenya National Union of Nurses v National Industrial Credit (NIC) Bank [2018] KEELRC 917 (KLR)
✦ The court dismisses the application as the Claimant has not submitted any evidence that the court order has been flouted.
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Mary Njeri Kamanu v Martin Ng’ang’a Kamanu [2018] KEELRC 888 (KLR)
✦ The plaintiff is not entitled to both prohibitory and mandatory injunctions against the defendant, and the plaintiff's Notice of Motion is dismissed with no order as to costs. The defendant is ordered to keep to his house or home on the suit property and not interfere with the plaintiff and her other children's activities.
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Naftali Mathari & another v Grec No.10 [2018] KEELRC 2582 (KLR)
✦ Judgment is entered for the claimants each and against the respondent for the payment of compensation at Kshs.36,990.00; notice pay Kshs.12,330.00 and costs of the suit.
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Peter Chironda Begonja v Weld-Con Limited [2018] KEELRC 983 (KLR)
✦ The Court finds and holds that the Respondent failed to establish a valid reason for termination and failed the procedural fairness test.