Kenyan case law
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Nyongesa v Idyllic Mistley House (Employment and Labour Relations Cause 917 of 2018) [2024] KEELRC 2698 (KLR) (25 October 2024) (Judgment)
✦ The court holds that the claimant was unlawfully and unfairly terminated from his employment.
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Shivogo v Stevenson (Cause 1495 of 2017) [2024] KEELRC 2620 (KLR) (25 October 2024) (Ruling)
✦ The Court finds the Respondent/Applicant not truthful in asserting lack of service and concludes they were not indolent.
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Kaguora v Gilly Security and Investigation Limited (Appeal E226 of 2022) [2024] KEELRC 2588 (KLR) (25 October 2024) (Judgment)
✦ The court finds that the case is not for unlawful termination or wrongful dismissal. The Appellant resigned due to health reasons, and the matter falls under the provisions of sections 35, 36, and 38 of the Employment Act.
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Ado & another v Mandera Water & Sewerage Company Limited & 2 others (Employment and Labour Relations Petition E150 of 2021) [2024] KEELRC 2590 (KLR) (25 October 2024) (Ruling)
✦ The Applicants' application is found premature, unmerited, and is hereby dismissed with no orders as to costs.
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Del Monte Kenya Limited v Kyengo (Appeal E007 of 2024) [2024] KEELRC 2603 (KLR) (25 October 2024) (Judgment)
✦ The court finds that the trial court erred in awarding service pay and unpaid leave, but upheld the award of one month's salary arrears.
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Maseki v Global Apparels Kenya EPZ (Miscellaneous Application E141 of 2024) [2024] KEELRC 2626 (KLR) (25 October 2024) (Ruling)
✦ The court transfers the suit from Milimani to Mavoko Law Courts.
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Kariuki v Agro Processors Intl' (K) Limited alias Agro Fibre Company Limited (Miscellaneous Application E002 of 2024) [2024] KEELRC 2638 (KLR) (25 October 2024) (Ruling)
✦ The Director's award is adopted as a Judgment of this Court, and Judgment is entered for the Applicant for Kshs.220,000/= with interest and costs.
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Menon v Windsor Golf Hotel & Country Club (Cause E041 of 2023) [2024] KEELRC 2609 (KLR) (25 October 2024) (Ruling)
✦ The Claimant's Application dated 5th March 2024 is hereby allowed with an order setting aside the consent orders recorded on 5th December 2023 in entirety.
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Kieti v Ikons Hotel Limited (Employment and Labour Relations Cause E068 of 2021) [2024] KEELRC 2712 (KLR) (25 October 2024) (Judgment)
✦ The court finds that the respondent terminated the claimant's employment unfairly and unprocedurally by failing to communicate their decision.
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Ogot v Kenya Water and Sanitation Civil Society Network (Cause 1334 of 2016) [2024] KEELRC 2605 (KLR) (24 October 2024) (Judgment)
✦ The termination of the Claimant's employment was found to be unfair.
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Adika v Embassy of Sweden Nairobi (Employment and Labour Relations Petition E144 of 2023) [2024] KEELRC 2608 (KLR) (24 October 2024) (Judgment)
✦ The court strikes out the petition for being filed prematurely and finds the petition an inappropriate mode of litigating the dispute.
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Achiya v Sight Savers International (Cause 551 of 2019) [2024] KEELRC 2583 (KLR) (24 October 2024) (Judgment)
✦ The Court finds that the Respondent had a valid reason for terminating the Claimant's employment and that the Claimant was availed procedural fairness requirements.
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Wario v Youth Enterprise Development Fund Board (Cause 2406 of 2016) [2024] KEELRC 2560 (KLR) (24 October 2024) (Judgment)
✦ The Respondent was not the sole appointing authority and the Claimant's application for renewal was not considered by the Respondent's Board on 3rd November 2010. The court finds the Respondent's actions did not violate the Claimant's legitimate expectation.
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Shikuku v Metro-Poly Kenya Limited & another (Miscellaneous Cause E013 of 2023) [2024] KEELRC 2601 (KLR) (24 October 2024) (Judgment)
✦ The court adopts the award of the Director and enters judgment for the applicant in the sum of Kshs 120,421.
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Njuguna & another v Equity Bank Kenya Limited (Cause E023 of 2023) [2024] KEELRC 2577 (KLR) (24 October 2024) (Ruling)
✦ The court declines the application because it has been presented prematurely and in violation of the principle of exhaustion of alternative remedies.
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County Government of Vihiga & 6 others v Kenya National Union of Clinical Officers & 15 others; Ministry of Labour & Social Protection & 2 others (Interested Parties) (Employment and Labour Relations Cause 731 & Meru 42 of 2019 & Nyeri 8 of 2020 & Cause E6605 & E041 of 2021 & E6538 of 2020 & Miscellaneous Case 004 of 2021 & Petition 208 of 2020 & 211 of 2019 (Consolidated)) [2024] KEELRC 2595 (KLR) (24 October 2024) (Judgment)
✦ The court certifies the application as urgent and suspends the incoming strike by nurses pending the hearing and determination of the application.
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Kenya Union of Commercial, Food and Allied Workers v Amritlal Shah Wholesalers Limited (Cause E015 of 2022) [2024] KEELRC 2591 (KLR) (24 October 2024) (Judgment)
✦ The termination of the Grievant's employment was deemed unfair due to the Respondent's failure to provide a retirement age in the terms and conditions of service and the delay in issuing the retirement letter.
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Njung’e v Jinah t/a Make Over Salon and Supercuts (Constitutional Petition E045 of 2023) [2024] KEELRC 2607 (KLR) (24 October 2024) (Judgment)
✦ Termination was procedurally and substantively unfair, and the Petitioner is awarded 6 months' salary compensation, service pay, and leave pay.
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Kimani v Hayer Bishani Singh & Sons Ltd (Cause E021 of 2023) [2024] KEELRC 2569 (KLR) (24 October 2024) (Ruling)
✦ The Respondent's Notice of Preliminary Objection is unmerited and the parties' cases will be canvassed for determination on merits.
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Kimuyu v Amazon Motors Limited (Cause E1045 of 2021) [2024] KEELRC 2568 (KLR) (24 October 2024) (Judgment)
✦ The Court found that the Respondent's decision to send the Claimant on an indefinite unpaid leave amounted to constructive dismissal and therefore constituted unfair termination of employment.
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Agl Kenya Limited (Formerly Bollore Transport and Logistics Kenya Limited) v Abdalla (Appeal E070 of 2024) [2024] KEELRC 2624 (KLR) (24 October 2024) (Judgment)
✦ The court dismisses the appeal and cross-appeal, setting aside the award for leave pay and house allowances, and upholding the respondent's early retirement as a legitimate termination.
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Kenya Union of Commercial, Food and Allied Workers v Vihiga Teachers Benevolent Fund (Employment and Labour Relations Cause E020 of 2024) [2024] KEELRC 2640 (KLR) (24 October 2024) (Judgment)
✦ The court found that the Respondent did not refuse to sign the CBA without reasons and that the negotiations were voluntary.
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Njoroge v Standard Engineering Works (Employment and Labour Relations Cause E593 of 2022) [2024] KEELRC 2614 (KLR) (24 October 2024) (Judgment)
✦ The court finds the claimant constructively dismissed and entitled to payment of unpaid basic salary, house allowance, and termination gratuity.
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Aura v Trans-Nile Enterprises Limited (Employment and Labour Relations Cause 280 of 2019) [2024] KEELRC 2612 (KLR) (24 October 2024) (Ruling)
✦ The court admits the rm of Mob Law Advocates on record for the claimant in place of the law rm of Kogai & Company Advocates for the limited purpose of representing the claimant at the hearing and disposal of advocate/client bill of costs.
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Kenya Union of Commercial Food and Allied Workers v Dadu Hardware Limited; Rabiud Services Kenya Limited (Applicant) (Employment and Labour Relations Cause E006 of 2023) [2024] KEELRC 2597 (KLR) (24 October 2024) (Ruling)
✦ The application is dismissed with costs as the Applicant is not a necessary party to the proceedings.