Kenyan case law
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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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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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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.
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Wanjare v Catholic University of East Africa (Cause 461 of 2017) [2022] KEELRC 12983 (KLR) (26 October 2022) (Judgment)
✦ The court finds the respondent in breach of contract and awards the claimant Kshs 789,900/-, with interest from December 21, 2017, and costs.
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Omulo v Attorney General (Cause 694 of 2019) [2022] KEELRC 12931 (KLR) (25 October 2022) (Judgment)
✦ The Claimant is not entitled to the reliefs sought as he was not coerced or induced to retire and the disciplinary action was justified.
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Kanoti v Donane Nutrica Africa Overseas (Cause 1509 of 2018) [2022] KEELRC 12979 (KLR) (25 October 2022) (Judgment)
✦ The claimant is not entitled to end of service pay as the term 'possible end of service payment' does not create an obligation on the respondent to pay such a payment.
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Goodman Agencies Limited v Ndombi (Cause 567 of 2017) [2022] KEELRC 12988 (KLR) (25 October 2022) (Judgment)
✦ The Court finds that the Respondent did not breach the employment contract and is not entitled to notice pay and interest.
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Muya v Lukenya Group of Schools (Petition 22 of 2018) [2022] KEELRC 12928 (KLR) (25 October 2022) (Ruling)
✦ The application is dismissed as the court does not have jurisdiction to transfer the suit.
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Maisha Mabati Mills Ltd v Ondari & another (Employment and Labour Relations Appeal 152 of 2022) [2022] KEELRC 12932 (KLR) (25 October 2022) (Judgment)
✦ The trial court lacked jurisdiction to entertain the dispute, and this court has no jurisdiction to entertain the appeal except within the limited window under section 52(2) of the Work Injury Benefits Act. Consequently, the decision by the trial court is a nullity and incapable of conferring any rights on the 1st respondent.
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Nzalukya & 9 others v I.S.L (K) Limited (Cause 1936 of 2017) [2022] KEELRC 12929 (KLR) (25 October 2022) (Judgment)
✦ Termination of employment was unfair
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Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Design Workers Union v Intex Company Limited (Cause E559 of 2020) [2022] KEELRC 12957 (KLR) (24 October 2022) (Ruling)
✦ The application to reopen the application and discharge the contempt order is granted.
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Hella v Repelectric (K) Ltd (Cause 2404 of 2017) [2022] KEELRC 12986 (KLR) (24 October 2022) (Ruling)
✦ The Court dismissed the Claimant's application for reinstatement and ordered the application to be dismissed with costs to the Respondent.
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Osieko & 3 others v Ooko & 2 others (Petition E25 of 2021) [2022] KEELRC 12936 (KLR) (24 October 2022) (Ruling)
✦ The court adopted the consent order and directed parties to appear before the Deputy Registrar on 8 November 2022.
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Okemwa & another v Kenya Power & Lighting Co Ltd (Cause 815 & 1509 of 2016 (Consolidated)) [2022] KEELRC 13058 (KLR) (24 October 2022) (Judgment)
✦ The court finds that the respondent did not have reasonable grounds to terminate the claimants' employment and thus the termination was unfair.
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Omondi v Repelectric (K) Ltd (Cause 2401 of 2017) [2022] KEELRC 12989 (KLR) (24 October 2022) (Ruling)
✦ The Court dismissed the Claimant's application for reinstatement and ordered the application to be dismissed with costs to the Respondent.
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Munga v Parpia (Cause E142 of 2021) [2022] KEELRC 12922 (KLR) (24 October 2022) (Ruling)
✦ Application dismissed with no orders as to costs
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Owiyo v Repelectric (K) Ltd (Cause 2400 of 2017) [2022] KEELRC 12958 (KLR) (24 October 2022) (Ruling)
✦ The court dismissed the claimant's application for reinstatement and ordered it to be dismissed with costs to the respondent.
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Ngoge v Straight Security Services Limited (Cause 1140 of 2018) [2022] KEELRC 12924 (KLR) (24 October 2022) (Judgment)
✦ The Court finds that the Claimant was not constructively dismissed and is not entitled to the reliefs sought.
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Muia v Kiare (Cause 2057 of 2017) [2022] KEELRC 12923 (KLR) (24 October 2022) (Judgment)
✦ The court found that the Claimant was not an employee of the Respondent and that the termination was not unfair.
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Maina v Repelectric (K) Ltd (Cause 2403 of 2017) [2022] KEELRC 12985 (KLR) (24 October 2022) (Ruling)
✦ Claimant's application for reinstatement is dismissed with costs to the respondent.
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Sila v Principal Masii Secondary School & another (Cause 1484 of 2015) [2022] KEELRC 12930 (KLR) (24 October 2022) (Judgment)
✦ The termination of the claimant's employment was found to be unfair.
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Magoiya v Prudential Life Assurance Limited (Cause 784 of 2019) [2022] KEELRC 13144 (KLR) (24 October 2022) (Ruling)
✦ The court grants the application for stay of execution of the judgments pending appeal
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Nyagwachi v Mimosa Pharmacy Limited (Cause 1286 of 2013) [2022] KEELRC 12925 (KLR) (21 October 2022) (Judgment)
✦ The claimant's employment was unfairly terminated
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Bob Morgan Services Ltd v Ochieng (Appeal E10 of 2022) [2022] KEELRC 12937 (KLR) (19 October 2022) (Judgment)
✦ The court dismisses the appeal, finding no merit in the grounds raised and orders costs to the respondent.
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Mulatya v Roto Moulders Ltd (Cause 2328 of 2017) [2022] KEELRC 12987 (KLR) (19 October 2022) (Judgment)
✦ The termination was unfair and unlawful