Kenyan case law
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Isaac Mumina Mutua v East African Portland Cement Company Limited [2019] KEELRC 936 (KLR)
✦ Claimant's contract lapsed by effluxion of time as no timely renewal request was made. Claimant is entitled to all contractual terminal dues.
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Josephat Munyao Kovulo v Teachers Service Commission [2019] KEELRC 934 (KLR)
✦ The court found that the dismissal was not unfair and that the respondent had followed due process.
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Liyerson Mwafue Mwashimba v Radar Security Limited [2019] KEELRC 963 (KLR)
✦ The Court grants the Claimant's motion for summary judgment, awarding Kshs. 207,706 in total, including salary in lieu of notice, compensation for unfair termination, and accrued annual leave.
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Karisa Mody Akiba v Corrugated Sheets Ltd [2019] KEELRC 972 (KLR)
✦ The Claim is rejected with no order on the costs as the Claimant failed to discharge his burden of proof under Section 47(5) of the Employment Act and the Respondent offered reinstatement as a remedy.
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Saha Mwadziwe Saha v Jumbo Wire Product Limited [2019] KEELRC 921 (KLR)
✦ The Court orders the Respondent to pay the Claimant 31⁄2 months' salary in compensation for unfair termination and annual leave pay, and grants a certificate of service.
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Kenya Union of Commercial, Food and Allied Workers v Cello Thermoware Limited [2019] KEELRC 997 (KLR)
✦ Recognition granted to the Claimant
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Jeniffer Nzula Mwalili v Vert Limited [2019] KEELRC 953 (KLR)
✦ The application is dismissed with costs
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Patricia S Mumo v Isis Africa Limited [2019] KEELRC 931 (KLR)
✦ The Court finds the termination unfair but denies compensation under section 49 of the Employment Act, 2007. The claimant is ordered to pay the respondent Kshs. 904,475 by December 1, 2019, with interest at Court rates.
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Patrick M. Mutua And 19 others v Habo Group of Companies Limited & 3 others [2019] KEELRC 965 (KLR)
✦ The 1st and 2nd objectors' applications are allowed, and the attachment on their respective vehicles is lifted. The 3rd objector's application is dismissed. Execution with regard to specified vehicles may proceed.
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Nickson Shango v Uasin Gishu County Public Service Board & another [2019] KEELRC 946 (KLR)
✦ Application dismissed with costs
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Obadiah Mutuku Nguli v Real Management Services 2002) Ltd [2019] KEELRC 956 (KLR)
✦ The dismissal was not unfair and the claimant was not entitled to notice pay and compensation.
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Stephen O. Edewa v Lavington Security Limited [2019] KEELRC 976 (KLR)
✦ The court finds that the Claimant is entitled to service pay for 10 years from 2001-2010, accrued annual leave for 21 days, and cash for 21 leave days. The Claimant is not entitled to house allowance or uniform refund.
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Dominic Ndambuki Mwalimu v Hussein Builders Kenya Limited [2019] KEELRC 974 (KLR)
✦ The termination was not unfair as it was based on the claimant's absconding duty without leave. The claimant is awarded partial costs of the suit and Kshs.40,650.00 in compensation.
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Boniface Nzivo Kingo v Sitima Enterprises Limited [2019] KEELRC 966 (KLR)
✦ The Court finds that the suspension letter dated 27.6.2015 was drafted after the demand letter was served to defeat the claim for unlawful dismissal.
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Okiya Omtatah Okoiti v National Executive of The Republic & 8 others; University Academic Staff Union & another (Interested parties) [2019] KEELRC 918 (KLR)
✦ The Court has jurisdiction to interpret the Constitution and hear and determine the petition regarding the appointment of the Hospital's Board Members and the Chief Executive Officer.
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Justus Muinde Mulwa v Highrise Products Ltd & another [2019] KEELRC 977 (KLR)
✦ The claimant's employment was terminated unfairly, and the court awards 12 months' compensation for unfair termination, service pay, annual leave pay, and refunds of NHIF deductions.
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Kenya National Union of Teachers Mwingi Branch v Teachers Service Commission & another ; Joseph Kyalo Kitangu & 11 others ( Interested Parties) [2019] KEELRC 942 (KLR)
✦ The Court finds that the petitioner does not exist as a person in law and strikes out the petition with no orders on costs.
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Patrick Ambenge Kivuze v Impala Glass Industries Limited [2019] KEELRC 940 (KLR)
✦ Summary dismissal was not unfair as due procedure was accorded and reasons were valid.
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Alice Nyanduko Omwancha v Kenya Industrial Estates Limited [2019] KEELRC 944 (KLR)
✦ The dismissal was found to be unfair and wrongful.
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John Zacharia Moguche v County Executive Committee Member of Kisii & 16 others [2019] KEELRC 932 (KLR)
✦ The application fails in its entirety with costs in the cause.
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Paul Savayi v Beatman & Seer Security [2019] KEELRC 929 (KLR)
✦ Claimant is awarded Kshs.11,900.70 as pay in lieu of termination notice, Kshs.5,455.80 as service pay, and Kshs.8,000 for uniform deduction. Claimant is also entitled to a certificate of service and costs of the suit.
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Kenya Union of Commercial, Food & Allied Workers v National Social Security Fund [2019] KEELRC 964 (KLR)
✦ The court lacks jurisdiction to entertain the suit out of time and strikes out the suit with no order as to costs.
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Edward Omondi v LVCT Health [2019] KEELRC 930 (KLR)
✦ The court found that the reasons provided by the respondent for terminating the claimant's employment were valid and that the claimant was not entitled to the reliefs sought.
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Qabale Diba Badake & 2 others v Public Service Board Marsabit Count & 3 others; National Gender and Equality Commission(Interested Party) [2019] KEELRC 937 (KLR)
✦ Application for amendment is dismissed
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Alred Imbwaga Musungu v Protective Custody Limited [2019] KEELRC 925 (KLR)
✦ Judgment in favor of the Claimant, Alred Imbwaga Musungu, in the sum of Kshs. 1,149,700