Kenyan case law
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Kenya Union of Domestic, Hotels, Educational Institutions And Hospitals Workers (Kudheiha) v Management of Tea Hotel, Kericho & 2 others [2018] KEELRC 948 (KLR)
✦ Application granted, stay of execution/sale of land parcel KERICHO/MUNICIPALITY BLOCK 4/313 granted, and consent to sale upheld.
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Kipyegon Kilel Richard v Mogogosiek Tea Factory Co. Ltd [2018] KEELRC 940 (KLR)
✦ The court found the termination to be wrongful, unfair and unlawful.
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John Munene Gathangi v Permanent Secretary Ministry of Interior & Coordination of National Government & 2 others [2018] KEELRC 969 (KLR)
✦ The Petitioner is not properly before the Court as his cause of action arose under the old constitution and not the new one in force at the time of his dismissal.
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[2018] eBoniface Nzau Muia v Shengli Engineering Construction Company & another [2018] KEELRC 976 (KLR)
✦ Claimant was injured at work and suffered 10% permanent disability, for which the Respondent is 100% liable. The Claimant is awarded Kshs 1.5 million for pain and suffering and Kshs 1 million for loss of future earnings.
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Maina Irungu v AAA Growers Limited [2018] KEELRC 646 (KLR)
✦ The motion is dismissed with costs to the Respondent as it is an abuse of the court process and devoid of merit.
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Public Transport Operators Workers Union of Kenya v Aramex Kenya Limited & 2 others [2018] KEELRC 981 (KLR)
✦ The Preliminary Objection is dismissed as the issues of the Claimant's registration and name require further evidence.
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Margaret Njoki Gichiri v Quintet Enterprises Limited [2018] KEELRC 706 (KLR)
✦ Respondent is liable for underpayment of some Kshs. 3.30 per month in the years 2013, 2014, and 2015, and the 4 days worked in April 2016, severance pay, and a certificate of service.
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Cornel Otieno Omondi v Gogni Rajope Construction Company Limited & another [2018] KEELRC 1001 (KLR)
✦ The claimant's dismissal was lawful, and he was not entitled to his terminal dues.
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Gladys Muthoni Mwangi and 20 others v Barclays Bank of Kenya Limited & another [2018] KEELRC 992 (KLR)
✦ The court cannot settle terms of the Amended Decree without an extracted order from the Court of Appeal judgment. The court cannot compute Petitioners' dues without an extracted order. The court cannot vary agreements on motor vehicles without an application. The court cannot consider taxation and interest as they were not part of the decree.
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Purity Njeri Kathenya v Tharaka Nithi County Government & another [2018] KEELRC 697 (KLR)
✦ The court dismissed the Claimant's notice of motion application as the threshold for the grant of the injunctive remedy is not met.
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Monicah Wanjiku Kanyingi v Our Lady of Mercy Secondary School [2018] KEELRC 990 (KLR)
✦ The claimant's suit is barred by limitation and is for striking out
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Monica Kanini Mutua v Al-Arafat Shopping Centre & another [2018] KEELRC 960 (KLR)
✦ Claimant's claim is dismissed for want of proof of existence of an employment relationship between the claimant and respondents.
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Kenya Private Universities Workers Union v Agakhan University [2018] KEELRC 1032 (KLR)
✦ The court upholds the respondent's objection and directs the claimant to use other ways to recruit members in the respondent's employment for purposes of attaining the necessary simple majority for recognition.
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May Murage v Wananchi Group Kenya Limited [2018] KEELRC 1003 (KLR)
✦ The court held that the payment was a bonus and not a salary, and that the claimant was not entitled to it.
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Elizabeth Ayoo v Homabay County Assembly Service Board & another [2018] KEELRC 678 (KLR)
✦ The Petitioner is reinstated to her position as the Speaker of Homabay County Assembly, and the Respondents are restrained from interfering with her duties and terms of service.
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African Diatomite Limited v Kenya Chemicals and Allied Workers [2018] KEELRC 993 (KLR)
✦ The court orders that in addition to the redundancy benefits, the grievants be paid their clause 25 dues as provided in the CBA.
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Benard Barasa Ouma & 2 others (suing as the personal representatives of the estate of Benard Barasa Ouma (Deceased) v Steel Structures Limited [2018] KEELRC 995 (KLR)
✦ Claimant awarded Kshs 80,000 in total.
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Jeremia Ngatia Mwai v Emma Nyambura Muriuki t/a Metro Butchery Limited [2018] KEELRC 986 (KLR)
✦ The Court found the dismissal to be unfair and ordered the Respondent to pay the Claimant 1 month's salary in lieu of notice and 61.5 months' salary in compensation for unfair termination.
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Josephine Ngatia v Executive Director of the Non-Governmental Organisation Co-ordination Board & another [2018] KEELRC 1026 (KLR)
✦ The court found no valid reason for the summary dismissal and ruled in favor of the petitioner.
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Michael Irungu Gathogo v Metal Crowns Limited [2018] KEELRC 991 (KLR)
✦ The court finds that the claimant was employed on 15th August 1995 and was unfairly terminated on 24th August 2013. The court orders the respondent to pay the claimant twelve months' salary in lieu of notice and compensation for disturbance.
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Dennis Muthomi Kinyua v Tharaka Nithi County Government & another [2018] KEELRC 689 (KLR)
✦ The court held that the Claimant is entitled to the outstanding salaries and allowances as he is entitled as of right to earn wages.
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Dave Gitonga Kaura v Tharaka Nithi County Government & another [2018] KEELRC 722 (KLR)
✦ The motion for a temporary injunction is dismissed with no order as to costs.
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Chrispinus Ambani Mwanje v Factory Guards Limited [2018] KEELRC 1029 (KLR)
✦ The suit is not time-barred and will proceed to trial.
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Naphtally Omido v Secretary, Board of Management, Namundera Mixed Secondary School [2018] KEELRC 1020 (KLR)
✦ The application is dismissed with costs
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Joseph Muli Njau v Polyflex Industries Limited [2018] KEELRC 966 (KLR)
✦ The dismissal of the Claimant is found to be unfair and unlawful.