Kenyan case law
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Kenya Union Of Printing, Publishing, Paper Manufacturing And Packaging Industries [Kupripupa Workers] v Mfi Documents Solutions [2016] KEELRC 993 (KLR)
✦ The Court ordered the Respondent to unconditionally reinstate Mr. Eric M. Njiru, withdraw the transfers, deduct and remit trade union dues, and sign the Recognition Agreement with the Claimant Union.
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Margaret Nyaruai Theuri v National Police Service Commission [2016] KEELRC 1024 (KLR)
✦ The court finds that the NPC's procedure for reviewing applications is within its authority but must meet the ends of justice. The applicant is entitled to legal representation during the proceedings, and the remedies of certiorari and mandamus are available.
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Josphine Wambura Gakuo v Kirinyaga Water & Sanitation Company (Kiriwasco) [2016] KEELRC 1016 (KLR)
✦ The claimant's application is dismissed with costs.
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Nyamawi Gambo v Mombasa Maize Millers Limited & Another [2016] KEELRC 507 (KLR)
✦ Termination was unfair. The 2nd Respondent shall pay the Claimant 6 months' salary in compensation for unfair termination at Kshs. 97,500, notice pay at Kshs. 16,250, service pay at Kshs. 168,750, and annual leave pay at Kshs. 236,250.
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Boniface Mulandi v Ali Barbours Restaurant Limited [2016] KEELRC 1021 (KLR)
✦ The Court finds in favor of the claimant, holding that the respondent dismissed the claimant without a valid reason and without following a fair procedure.
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Martin Kalama Mwatzuma & another v Coastal Quarry Limited [2016] KEELRC 1002 (KLR)
✦ The termination was unfair as it was not based on a valid and fair procedure and the statutory procedure was not followed.
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Philip Mghanga & 4 others v Mumi Hotels & Resorts Ltd t/a Bahari Beach Hotel [2016] KEELRC 1023 (KLR)
✦ The Court dismisses the Suit and finds that the prayer for compensation for unfair termination of the Claimants' services was strange to the law in force in Kenya.
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Rem Ogodo Ogana v Kenya Sugar Board [2016] KEELRC 1006 (KLR)
✦ The court found that the application for review is meritorious due to an error on the face of the record and overlooked the amended statement of claim.
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Kenya Universities Staff Union Moi University Chapter v Kenya Universities Staff Union National Executive Committee [2016] KEELRC 1012 (KLR)
✦ Application dismissed, orders vacated
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Maurice Wekesa Mang'oli v Nzoia Sugar Company Limited [2016] KEELRC 849 (KLR)
✦ The court dismissed the application and upheld the status quo order.
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Duncan Ouma Aboka v Teachers Service Commission [2016] KEELRC 970 (KLR)
✦ The claim is dismissed for being time barred
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Kenya Union of Employees of Polytechnics, Colleges & Allied Institutions (KUEPCAI) c Board of Management, Nairobi Technical Training Institute [2016] KEELRC 1010 (KLR)
✦ The preliminary objection is dismissed
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Republic v Kenya Wildlife Service & another [2016] KEELRC 987 (KLR)
✦ The court dismissed the application.
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Justin Onyisi Mangera v Hotel Dados [2016] KEELRC 999 (KLR)
✦ The court found that the termination of the employment was wrongful, unfair, and unlawful.
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Gladys Muthoni Mwangi & 20 Others v Barclays Bank of Kenya Limited & Barclays Africa Group Limited (Petition 25 of 2016) [2016] KEELRC 520 (KLR) (Civ) (30 June 2016) (Judgment)
✦ The Court declared the termination of employment of the Petitioners on account of redundancy not justified and unfair, and declared the acts of the Respondents in the unprocedural and unjustified termination of the Petitioners' employment as discrimination.
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Kenya Plantation & Agricultural Workers Union v Unilever Tea (K) Limited [2016] KEELRC 1009 (KLR)
✦ The court dismissed the claimant's case and upheld the respondent's counter-claim.
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Kenya Plantation and Agricultural Workers Union v James Finlay Kenya Limited (Finlay Flowers) [2016] KEELRC 1008 (KLR)
✦ The court finds that the Employment and Labour Relations Court does not have jurisdiction to set wage increases and allowances in the absence of a collective agreement. The court also finds that the court cannot impose contractual terms higher than statutory minimum employment terms. The court also finds that the court cannot impose a retirement age higher than the statutory minimum. The court also finds that the court cannot impose an increase in the days for computation of gratuity.
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Patrick Mutune Kimeu v Athi Stores Limited [2016] KEELRC 888 (KLR)
✦ The Court dismissed the Claimant's claims for salary for January 2013 and other claims, finding that the dismissal was procedurally justifiable and the Claimant was not entitled to the other claims.
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Johnson Simiyu Litema v Logos Christian School [2016] KEELRC 910 (KLR)
✦ The Court found that the termination was lawful and that the Claimant had breached the contract.
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C A S v C S Limited [2016] KEELRC 977 (KLR)
✦ The Court found the dismissal to be lawful and fair, and the sexual harassment policy was not required.
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Abdullahi Ali Mohammed v Kenya Ports Authority & another [2016] KEELRC 1032 (KLR)
✦ The Court grants the Claimant an interim injunction to protect his occupation of the staff house pending the main application. The Preliminary Objection is rejected.
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Philomena Mutua Ndinda & another v Mega Garment Industries Kenya [EPZ] Limited [2016] KEELRC 1035 (KLR)
✦ Termination was unfair and the Respondent is ordered to pay compensation and other remedies to the Claimants.
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Kenya Plantation And Agricultural Workers Union v Kenya Agricultural & Livestock Research Organization [2016] KEELRC 1043 (KLR)
✦ Termination was unfair, and the Grievant contributed significantly to its termination.
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Dennis Edward Kombe v Ministry of Water & Irrigation & 2 others [2016] KEELRC 1049 (KLR)
✦ The claim is dismissed with costs to the respondents
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Joseph Tama Nduva & 11 others v Jacaranda Hotels [Msa] Limited T/A Jacaranda Indian Ocean Beach Resort [2016] KEELRC 1037 (KLR)
✦ Execution proceedings are stayed, and parties are ordered to meet and review their partial consent, with the option to file further consents or move the court.