Kenyan case law
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Kenya Building Construction Employees Union v Vaghjiyan Enterprises Ltd (Employment and Labour Relations Cause 286 of 2022) [2023] KEELRC 2805 (KLR) (2 November 2023) (Ruling)
✦ The Claimant has locus to represent the Grievants as the Respondent operates in the building and construction industry and the Grievants are members of the Claimant's union.
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Mburu v Afro Industries Agencies Ltd (Employment and Labour Relations Cause 1104 of 2018) [2023] KEELRC 2731 (KLR) (2 November 2023) (Judgment)
✦ The Respondent was entitled to terminate the Claimant's employment due to his refusal to collect samples from a client, but the termination was unfair and irregular.
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Martine v County Public Service Board, Kajiado County Government & 3 others (Miscellaneous Cause E003 of 2023) [2023] KEELRC 2733 (KLR) (2 November 2023) (Ruling)
✦ The court found that the applicant cannot quash the County Public Service Board's decision to advertise County Chief Officer vacancies in local dailies and subsequent interview results and recommendations. The court also found that the applicant cannot prohibit the Governor and County Assembly from nominating and appointing shortlisted candidates.
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Kenya Local Government Workers Union & another v Industrial Court of Kenya; National Union of Water & Sewerage Employees & another (Interested Parties); Kenya County Government Workers Union (Respondent); Leonard K. Mbuvi t/a Katunga Mbuvi & Co. Advocates (Applicant) (Miscellaneous Application E211 of 2021) [2023] KEELRC 2755 (KLR) (2 November 2023) (Ruling)
✦ The preliminary objection is dismissed, and the case is not transferred to the High Court.
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Muema v Independent Electoral and Boundaries Commission (Petition E013 of 2023) [2023] KEELRC 2749 (KLR) (2 November 2023) (Judgment)
✦ The Petition meets the threshold of a constitutional petition.
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Okumu v Catholic University of East Africa (Employment and Labour Relations Petition E187 of 2021) [2023] KEELRC 3168 (KLR) (2 November 2023) (Judgment)
✦ The Petition is dismissed as premature due to the failure to exhaust internal dispute resolution mechanisms.
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ARN Security & Training Services v Eregayi (Miscellaneous Application E017 of 2023) [2023] KEELRC 2752 (KLR) (2 November 2023) (Ruling)
✦ The notice of motion is dismissed with costs
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Ahmed v Malik (Sued as Chairman of Sir Ali Muslim Club) & 3 others (Cause E063 of 2022) [2023] KEELRC 2727 (KLR) (2 November 2023) (Ruling)
✦ The Respondents' preliminary objection is not well taken and is overruled with costs.
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Melly v County Government of Uasin Gishu Public Service Board & 4 others (Petition 7 of 2019) [2023] KEELRC 2869 (KLR) (2 November 2023) (Judgment)
✦ The Petition is premature and is struck out with no orders as to costs.
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Banking, Insurance & Finance Union (Kenya) v Consolidated Bank of Kenya Ltd (Employment and Labour Relations Cause E2330 of 2017) [2023] KEELRC 2741 (KLR) (2 November 2023) (Ruling)
✦ The court grants a temporary stay of execution up to November 8, 2023, pending the hearing of the application before the Court of Appeal.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) v Board of Management Museno Secondary School (Cause E030 of 2022) [2023] KEELRC 2768 (KLR) (2 November 2023) (Judgment)
✦ The Claimant has not met the threshold for recognition and the subsequent right to collective bargaining. The claim is dismissed with no orders on costs.
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Transport Workers Union (K) v Kenya Civil Aviation Authority; Kenya Aviation Workers Union (Interested Party) (Cause E248 of 2022) [2023] KEELRC 2806 (KLR) (2 November 2023) (Ruling)
✦ Application is premature and the dispute should be referred to the Minister for Labour for conciliation.
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Kenya Union of Domestic Hotels, Educational Institutions and Hospital Workers v United States International University-Africa & another (Cause E166 of 2021) [2023] KEELRC 2751 (KLR) (2 November 2023) (Ruling)
✦ The Respondents' application is declined with costs.
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Ngege v Kamagambo Adventist College & another (Cause E034 of 2021) [2023] KEELRC 2748 (KLR) (2 November 2023) (Ruling)
✦ The application is dismissed with costs to the Respondents
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Imbayi (Suing on behalf of George Ochieng (Deceased) v Gajipara Builders Ltd (Cause 424 of 2017) [2023] KEELRC 2724 (KLR) (2 November 2023) (Judgment)
✦ The court awards the claimant a total of Kshs.112,117.35 in compensation and orders costs to be awarded to the claimant.
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Mwatibo v County Assembly of Taita Taveta Committee on Appointment & 2 others; Governor of Taita Taveta County (Interested Party) (Petition E017 of 2022) [2023] KEELRC 3447 (KLR) (2 November 2023) (Judgment)
✦ The Petition is dismissed.
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Waruinge v Chuna Co-operative & Credit Society (Employment and Labour Relations Cause 184 of 2019) [2023] KEELRC 2730 (KLR) (2 November 2023) (Judgment)
✦ The Respondent was entitled to take disciplinary action against the Claimant for her conduct, but the Respondent must have done so strictly in accordance with due process.
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Cheruiyot v County Government of Uasin Gishu Public Service Board & 4 others (Petition 10 of 2019) [2023] KEELRC 2874 (KLR) (2 November 2023) (Judgment)
✦ The Petition is dismissed as premature due to failure to exhaust the appellate process established under section 77 of the County Governments Act.
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Njuguna v VFS (Kenya) Limited (Employment and Labour Relations Cause 1055 of 2017) [2023] KEELRC 2860 (KLR) (2 November 2023) (Judgment)
✦ The dismissal was procedurally fair but substantively unfair.
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Nang'ole v Nairobi City Water & Sewerage Company (Petition E138 of 2022) [2023] KEELRC 2716 (KLR) (1 November 2023) (Judgment)
✦ The petition does not meet the threshold of a Constitutional petition.
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Republic v Clerk, Kisii County Assembly & 2 others; Atika (Interested Party); Nyamwange & 4 others (Exparte Applicants) (Judicial Review E013 of 2023) [2023] KEELRC 2710 (KLR) (1 November 2023) (Judgment)
✦ The ex-parte applicants failed to make material disclosure of pending or prior proceedings, were in abuse of the court process by filing separate applications on the same issues before different courts, and the motion was incompetent and defective.
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Kamula v Meditec East Africa Fairlife Ltd (Cause E038 of 2022) [2023] KEELRC 2709 (KLR) (1 November 2023) (Judgment)
✦ The Court finds that the Respondent unfairly terminated the Claimant's employment.
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Mukherjee v Software Technologies Limited; Attorney General & 2 others (Interested Parties) (Cause E416 of 2022) [2023] KEELRC 2717 (KLR) (1 November 2023) (Ruling)
✦ The Notice of Motion is res judicata and the applicant is not entitled to the orders sought.
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Kariri v GE East Africa Services Limited (Cause 139 of 2019) [2023] KEELRC 2719 (KLR) (1 November 2023) (Judgment)
✦ The Court held that the termination of employment was unfair and unlawful.
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Fursys Kenya Limited v Ondiege (Appeal E047 of 2021) [2023] KEELRC 2861 (KLR) (31 October 2023) (Judgment)
✦ The appeal is allowed, the judgment of the Chief Magistrate's Court is set aside, and the case is dismissed with costs to the Appellant.