Kenyan case law
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Nyabera v Kenya Post Savings Bank (Employment and Labour Relations Appeal E009 of 2024) [2024] KEELRC 2594 (KLR) (24 October 2024) (Judgment)
✦ The Appellant's termination was lawful and he was not entitled to any compensation.
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Aura v Trans-Nile Enterprises Limited (Employment and Labour Relations Cause 280 of 2019) [2024] KEELRC 2612 (KLR) (24 October 2024) (Ruling)
✦ The court admits the rm of Mob Law Advocates on record for the claimant in place of the law rm of Kogai & Company Advocates for the limited purpose of representing the claimant at the hearing and disposal of advocate/client bill of costs.
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Khetia Drapers Ltd v Awour (Appeal E010 of 2023) [2024] KEELRC 2562 (KLR) (24 October 2024) (Judgment)
✦ The trial court erred in finding the Respondent was constructively dismissed and in awarding compensation.
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Safina Transporters Limited v Onyango (Appeal E050 of 2024) [2024] KEELRC 2623 (KLR) (24 October 2024) (Judgment)
✦ The appeal is upheld, the judgment is set aside, and the appellant is ordered to pay the respondent's costs.
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Berlin Equipment Limited v Ojwang (Appeal E083 of 2024) [2024] KEELRC 2625 (KLR) (24 October 2024) (Ruling)
✦ The court denied the application for a stay of execution
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Atswenje v Butali Sugar Mills Ltd (Employment and Labour Relations Cause E004 of 2024) [2024] KEELRC 2636 (KLR) (24 October 2024) (Judgment)
✦ The Court allows the claim and adopts the Director's award in full.
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Mbukua v Water Services Trust Fund (Cause 1323 of 2017) [2024] KEELRC 2584 (KLR) (24 October 2024) (Ruling)
✦ The Respondent has not fully settled the judgment sum, and the outstanding amount due is Kshs.1,115,785.56 (exclusive of interest), subject to statutory deductions.
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Maronga v Sonford Fish and Chips Limited (Employment and Labour Relations Cause 738 of 2016) [2024] KEELRC 2633 (KLR) (24 October 2024) (Ruling)
✦ The application is dismissed with costs.
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Waweru v Chairman, Board of Governors, Kairi Secondary School (Cause 1764 of 2016) [2024] KEELRC 2572 (KLR) (24 October 2024) (Judgment)
✦ The summary dismissal of the Claimant was wrongful and she is entitled to pay in lieu of notice and damages.
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Kimeto v Kaka & 3 others (Sued in Their Capacities as Office Bearers of Kenya Association of Travel Agents) (Cause 1375 of 2015) [2024] KEELRC 2563 (KLR) (24 October 2024) (Ruling)
✦ The Court ordered the consolidation of the Miscellaneous Application with the original file and scheduled the reference for hearing before the Principal Judge Byram Ongaya on an accelerated basis. The orders staying execution of the warrant are confirmed, and other related applications may be canvassed later.
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Koinange v County Government of Busia & another (Constitutional Petition E001 of 2024) [2024] KEELRC 2599 (KLR) (24 October 2024) (Ruling)
✦ The Court lacks jurisdiction to hear the matter due to the exhaustion of statutory remedies under section 77 of the County Governments Act.
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Atta (Kenya) Limited v Ngalama (Appeal E110 of 2024) [2024] KEELRC 2617 (KLR) (24 October 2024) (Ruling)
✦ The court denied the application for a stay of execution and extension of time to file an appeal, finding the application lacking a supporting affidavit and the grounds for the application lost.
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Achiya v Sight Savers International (Cause 551 of 2019) [2024] KEELRC 2583 (KLR) (24 October 2024) (Judgment)
✦ The Court finds that the Respondent had a valid reason for terminating the Claimant's employment and that the Claimant was availed procedural fairness requirements.
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Murimi v Mini Bakeries (Nairobi) Limited (Cause 2 of 2022) [2024] KEELRC 2604 (KLR) (24 October 2024) (Judgment)
✦ The Court finds that the Claimant was employed by the Respondent in 1995 and that the termination was unfair and unlawful.
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Bakery Confectionery Food Manufacturing & Allied Workers Union (K) v Brava Food Industries Limited (Cause E899 of 2022) [2024] KEELRC 2581 (KLR) (24 October 2024) (Judgment)
✦ The Court orders the parties to negotiate, conclude, and present a duly executed CBA for registration by the Court within 30 days from the date of this judgment.
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Mohammed v Teachers Service Commission & another (Employment and Labour Relations Petition E070 of 2023) [2024] KEELRC 2629 (KLR) (24 October 2024) (Judgment)
✦ The court found that the panel was not irregular and that the petitioner was not treated in a discriminatory manner.
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Republic v Chief Finance Officer, County Government of Kisumu & 2 others; Otieno, Yogo, Ojuro & Co Advocates (Exparte Applicant) (Judicial Review E020 of 2024) [2024] KEELRC 2571 (KLR) (24 October 2024) (Ruling)
✦ The applicants' Notice of Motion dated 19th June, 2024 is granted as prayed.
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Molonket v East Africa Portland Cement (Cause 198 of 2019) [2024] KEELRC 2573 (KLR) (24 October 2024) (Ruling)
✦ The Court finds that the Taxing Officer fell into an error of principle and orders a re-taxing of the instructions fees and getting up fees by a different Taxing Officer.
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Sayi v Muthaura & another (Employment and Labour Relations Cause E696 of 2022) [2024] KEELRC 2587 (KLR) (24 October 2024) (Judgment)
✦ The court held that the 2nd Respondent's decision to not renew the Claimant's contract was unlawful as it did not meet the threshold set in the 2nd Respondent's HR Manual regarding renewal of contracts for executive staff.
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Losiru v Kutoh & another (Sued as legal representatives of the Estate of the Late Petronila Jesang) (Miscellaneous Application E040 of 2023) [2024] KEELRC 2600 (KLR) (24 October 2024) (Ruling)
✦ The court holds that the court is not clothed with jurisdiction to extend time to file suit out of time in employment related claims pursuant to section 90 of the Employment Act, 2007 as read with section 4(1) of the Limitation of Actions Act.
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Gold Crown Beverages (Kenya) Limited v Ngugi (Cause 635 of 2016) [2024] KEELRC 2619 (KLR) (24 October 2024) (Ruling)
✦ The court dismissed the respondent's application to change advocates post-judgment and to stay execution, review and annul the proceedings of 13.7.2013 and ex parte judgment, as there was no ex parte judgment to be stayed or reviewed.
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Kenya Union of Domestic Workers, Hotels, Educational Institutions and Hospital Workers Union(KUDHEIHA) v Board of Management - Magui Secondary School (Employment and Labour Relations Cause E014 of 2024) [2024] KEELRC 2639 (KLR) (24 October 2024) (Judgment)
✦ The Court referred the issue of whether the Respondent should give an increment to the worker's salary to the Central Planning and Monitoring Unit of the Ministry of Labour and Social Protection to prepare an expert report.
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Sagala v Bridge International Academies Limited (Cause 46 of 2018) [2024] KEELRC 2565 (KLR) (24 October 2024) (Judgment)
✦ Judgment in favor of the Claimant for Kshs 318,270 in compensation for unlawful and unfair termination of employment.
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Lichina v National Police Service Commission & another (Cause E017 of 2024) [2024] KEELRC 2635 (KLR) (24 October 2024) (Ruling)
✦ The Court dismissed the Notice of Preliminary Objection as the 1st Respondent is a constitutional body with a mandate to recruit and appoint persons in the National Police Service.
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Adika v Embassy of Sweden Nairobi (Employment and Labour Relations Petition E144 of 2023) [2024] KEELRC 2608 (KLR) (24 October 2024) (Judgment)
✦ The court strikes out the petition for being filed prematurely and finds the petition an inappropriate mode of litigating the dispute.