Kenyan case law
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Nicholas Otinyu Muruka v Equity Bank Limited [2014] KEELRC 559 (KLR)
✦ The respondent's application is dismissed. Costs are awarded to the claimant.
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Charles Kobaya v Wakenya Pamoja Sacco Society Ltd [2014] KEELRC 922 (KLR)
✦ The court finds that the respondents retired the claimant before the statutory retirement age of 60, which was unlawful and unjustified. The claimant is ordered to be paid 1 month salary in lieu of notice and 12 months salary as damages for unlawful termination.
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Andrew K. Tanui v Postal Coprporation of Kenya [2014] KEELRC 558 (KLR)
✦ The dismissal of the Claimant was unfair and the Respondent is ordered to pay him 12 months' gross salary in compensation at Kshs. 4,266,000.
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Peter Kimilu & another v Kenya Petroleum Oil Workers Union [2014] KEELRC 566 (KLR)
✦ The Court found Ogendi's actions were unacceptable and allowed the application for stay of execution and setting aside of the warrant.
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Peter Morwabe & 4 Others v E - Smart College Ltd [2014] KEELRC 932 (KLR)
✦ The respondents unlawfully and unfairly terminated the claimants' services, and the claimants are entitled to salary arrears, 3 months salary in lieu of notice, and 6 months salary as damages for unlawful termination.
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Beatrice Kahai Adagala v Postal Corporation of Kenya [2014] KEELRC 925 (KLR)
✦ The application to extend time and correct the situation is untenable and dismissed. The suit is dismissed accordingly with no order as to costs.
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Eliud Musila King’oo v David K. Mativo [2014] KEELRC 930 (KLR)
✦ The claim is time barred.
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Captain (Rtd) Victor Wanjau Kanyuira v Kenya Kazi Security Services Limited [2014] KEELRC 569 (KLR)
✦ The application is rejected. The Claimant shall pursue the substantive claim for reinstatement and the Court may grant an order for reinstatement if evidence shows termination was unfair.
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Alice M. Yobera v The Board Of Governors,Arya Vedic Primary And Secondary School & another [2014] KEELRC 940 (KLR)
✦ The court held that the claimant is not entitled to gratuity as the scheme was phased out before her retirement.
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Abel Marcel Okoth Okello v Kenya Medical Research Institute KEMRI) [2014] KEELRC 978 (KLR)
✦ The ex parte judgment is set aside and the Respondent is granted unconditional leave to defend the suit.
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Kithure M'mwenda Nyaga vTeachers Service Commission [2014] KEELRC 903 (KLR)
✦ The Applicant's application to file a suit out of time is allowed.
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Banking Insurance & Finance Union (K) Limited v Bank of India [2014] KEELRC 552 (KLR)
✦ The application for stay is dismissed with costs.
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Tailors & Textiles Workers Union v Millbrook Garments Ltd (Cause 259 of 2013) [2014] KEELRC 892 (KLR) (28 March 2014) (Judgment)
✦ The dismissal was procedurally and substantively fair
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Robert Nyongesa v Sacco Societies Regulatory Authority Harambee Co-Operative Savings & another [2014] KEELRC 982 (KLR)
✦ The Preliminary Objection is dismissed as the Industrial Court has exclusive jurisdiction over employment matters and the 1st Respondent is involved in the dispute.
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Nancy Wangui Kariuki v Florensis Kenya Limited [2014] KEELRC 576 (KLR)
✦ The claimant was not unfairly terminated and is not entitled to the remedies as prayed for.
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Banking Insurance & Finance Union (Kenya) v Utimo Sacco Society Ltd [2014] KEELRC 914 (KLR)
✦ The court finds for the claimant and orders the respondent to sign a recognition agreement and effect union deductions and remittances in favor of the claimant union.
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Clyde Alielo Khayiya & 27 others v Board of Governors Ngara Girls High School & another [2014] KEELRC 565 (KLR)
✦ The Court found the Respondents in contempt of court for terminating the employment contracts of five Claimants before the main dispute was fully heard and determined. The Court ordered the reinstatement of the five Claimants, payment of their salaries and allowances, and warned the Respondents against further violations.
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Charles Kakai v Transami (Kenya) Limited [2014] KEELRC 897 (KLR)
✦ Dismissal was not justifiable, and Claimant is awarded back pay, notice pay, leave accruals, and accommodation reimbursement
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Peter Dembwa Sumbulika & another v Canken International [2014] KEELRC 904 (KLR)
✦ Judgment is entered for the claimants against the respondent for payment of the total claims and costs.
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John Irungu Mwangi v Irembu Farmers Co-Operative Society Ltd [2014] KEELRC 898 (KLR)
✦ The preliminary objection fails and is hereby dismissed with costs. The matter shall proceed to hearing on merits.
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James Muiruri Wangai v Pyrethrum Board Of Kenya [2014] KEELRC 891 (KLR)
✦ The claimant is not entitled to the re-organisation package and the consultancy fees. The claimant owes the respondent money as advances and advances not surrendered or accounted for.
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Mutinda Anthony Nzioka v Teachers Service Commission [2014] KEELRC 917 (KLR)
✦ The preliminary objection is upheld and the Memorandum of Claim is struck out with no order as to costs.
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Rongi Kirandi v Nicodemus Machoka Nyakenyanya [2014] KEELRC 895 (KLR)
✦ The application is dismissed with costs.
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Kenya Plantation and Agricultural Workers Union v Elfarm Limited [2014] KEELRC 899 (KLR)
✦ The court dismisses the claimant's suit and finds that the parties are bound by the negotiation provisions in the recognition agreement between the claimant and AEA. Any collective agreement between the claimant and the respondent would be invalid.
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Patrick Nyoro Njuguna v East African Portland Cement [2014] KEELRC 915 (KLR)
✦ The claimant's acceptance of the varied terms was not under duress and is not unlawful.