Kenyan case law
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Royal Garment Industries EPZ Limited v Chai (Appeal 1 of 2017) [2022] KEELRC 12951 (KLR) (14 October 2022) (Judgment)
✦ The Court finds no fault with the judgment on the grounds of failing to consider the Appellant's submissions or misdirecting itself. The Respondent was found to be injured in the course of employment, and the learned trial magistrate's award of loss of future earnings was upheld.
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Kenya Engineering Workers Union v Jumbo Steel Mills Limited (Employment and Labour Relations Cause 93 of 2019) [2022] KEELRC 12828 (KLR) (14 October 2022) (Judgment)
✦ The suit is determined with orders each party to bear own costs of the proceedings.
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Lopite & 45 others v County Government of Turkana & 5 others (Cause E001 of 2021) [2022] KEELRC 12854 (KLR) (14 October 2022) (Ruling)
✦ The court dismissed the application for interim relief, finding no special circumstances warranting the relief and no existing employer-employee relationship.
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Muhatia v Lions School (Cause E027 of 2021) [2022] KEELRC 12851 (KLR) (14 October 2022) (Ruling)
✦ The Court allows the application and deems the draft amended memorandum of claim duly filed and served upon payment of requisite court fees.
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Chepchirchir v County Government of Uasin Gishu (Cause 36 of 2019) [2022] KEELRC 12904 (KLR) (14 October 2022) (Judgment)
✦ The court finds valid reasons for termination and that the respondent followed a fair procedure.
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Barasa v Security Group Africa Ltd (SGA) (Cause 50 of 2019) [2022] KEELRC 12834 (KLR) (14 October 2022) (Ruling)
✦ The application is allowed and the matter is set for mention on November 7, 2022 for purposes of allocating a new hearing date.
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Martin Malalu Wanyonyi p/a Kimaru Kiplagat & Company Advocates v Malvinder Singh Mann t/a Ikohi Traders (Miscellaneous Civil Application 15 of 2020) [2022] KEELRC 12838 (KLR) (14 October 2022) (Judgment)
✦ The Court finds the appeal without merit and dismisses it with costs.
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Oruko v Roto Moulders Limited (Cause 1648 of 2017) [2022] KEELRC 12859 (KLR) (14 October 2022) (Judgment)
✦ The claimant is not entitled to service pay due to his membership in the NSSF, but the respondent is ordered to provide proof of remittances for four months and to issue a certificate of service.
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Mutisya v Machakos County Assembly Service Board (Cause 4 of 2018) [2022] KEELRC 12953 (KLR) (14 October 2022) (Judgment)
✦ The Claimants were employees of the Respondent assigned to the Respondent's respective ward offices. The employment contracts were not fixed-term contracts but were converted to permanent and pensionable contracts.
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Mmene v Brinks Security Services Limited (Cause 927 of 2017) [2022] KEELRC 12842 (KLR) (14 October 2022) (Judgment)
✦ The termination was unfair due to lack of due process and the court awards the claimant three months' salaries and one-month salary in lieu of notice.
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Kariuki & another v Registrar of Trade Unions (Cause E001 of 2022) [2022] KEELRC 13043 (KLR) (14 October 2022) (Ruling)
✦ The applicants' application is dismissed without merits
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Kariuki v Elsek & Elsek (K) Limited (Cause 916 of 2017) [2022] KEELRC 12829 (KLR) (14 October 2022) (Judgment)
✦ The claimant's case is dismissed with costs, and the respondent is ordered to bear its own costs.
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Kenya National Private Security Workers Union v Group Nine Security (Cause 288 of 2017) [2022] KEELRC 12903 (KLR) (14 October 2022) (Judgment)
✦ The court finds that both parties failed to bring forward competent pleadings, and thus, the court cannot make any specific findings.
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Onchari & 14 others v County Public Service Board, Nyamira County & another (Petition E002 of 2022) [2022] KEELRC 12833 (KLR) (13 October 2022) (Judgment)
✦ The court dismisses the petition as it lacks jurisdiction due to the respondents' appeal to the Public Service Commission.
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University of Nairobi v Otundo (Appeal E057 of 2021) [2022] KEELRC 12893 (KLR) (13 October 2022) (Judgment)
✦ The court upheld the trial court's decision on salary arrears but set aside the award for abrupt termination.
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University of Nairobi v Onsembe (Appeal E056 of 2021) [2022] KEELRC 12835 (KLR) (13 October 2022) (Judgment)
✦ The court dismissed the appeal and upheld the trial court's decision to dismiss the claim for salary arrears and to award the respondent Kshs 800,000 for abrupt termination.
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Ekirapa v Kaunya & another (Cause 34 of 2021) [2022] KEELRC 12843 (KLR) (13 October 2022) (Judgment)
✦ The court held that there was no privity of contract between the claimant and the 2nd respondent, and dismissed the claimant's claim.
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Kenya Union of Sugar Plantation & Allied Workers v West Kenya Sugar Company Limited; Pachanga (Aggrieved Party) (Employment and Labour Relations Cause 39 of 2021) [2022] KEELRC 12909 (KLR) (13 October 2022) (Judgment)
✦ The court finds that the respondent had a justifiable and valid reason to summarily dismiss the employee for attempted theft. The trust between the employer and employee had broken down, justifying the dismissal. The court upholds the decision of the court in Michael Njoroge Mugo v Laikipia University (2018) e KLR.
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Ouma v Cempack Solutions Ltd & another (Cause 46 of 2015) [2022] KEELRC 12846 (KLR) (13 October 2022) (Judgment)
✦ The Court found that the termination was not for redundancy and thus the Claimant is not entitled to the reliefs sought.
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Malongo v Abbysinia Iron & Steel Company Ltd (Appeal E004 of 2021) [2022] KEELRC 12895 (KLR) (13 October 2022) (Judgment)
✦ The appeal is dismissed with no orders as to costs.
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Osiru v Rainforest Farmlands Kenya Limited (Employment and Labour Relations Cause E32 of 2021) [2022] KEELRC 12890 (KLR) (13 October 2022) (Judgment)
✦ The termination of the claimant was unfair and unjustified, and the claimant is awarded compensation and other benefits.
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Matayos Vocational Training Center & 3 others v Okunga & 5 others (Employment and Labour Relations Appeal E002 of 2022) [2022] KEELRC 12910 (KLR) (13 October 2022) (Judgment)
✦ The court finds that the appeal was filed out of time and without leave of the court, and the preliminary objections are allowed.
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Gikunga v Suhufi Agencies Ltd (Cause 64 of 2019) [2022] KEELRC 12867 (KLR) (13 October 2022) (Ruling)
✦ The claimant can produce the objected documents in evidence
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Kwamboka & another v Public Service Board, County Government of Nakuru & 2 others (Employment and Labour Relations Cause 140 of 2018) [2022] KEELRC 12894 (KLR) (13 October 2022) (Judgment)
✦ Claimants' termination was unfair and unjustified
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Gichara v Tropiqua Group Limited & another (Cause 2052 of 2017) [2022] KEELRC 13004 (KLR) (13 October 2022) (Ruling)
✦ The amendment is competent and should be granted as the new issues are part of the cause of action for wrongful and constructive dismissal.