Kenyan case law
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Amos Mcharo Mecha v Kenya Bureau of Standards [2017] KEELRC 29 (KLR)
✦ The claim is dismissed as the dismissal was valid and the Claimant waived his right to a hearing before dismissal.
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Bakari Kea v Evangelical Lutheran Church in Kenya (ELCK) through Walter Obare Omwanza & 2 others [2017] KEELRC 179 (KLR)
✦ The Claimant is still the Bishop of ELCK Central Diocese and any decisions removing him from office are null and void. The Respondents can only remove the Claimant after due process.
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Abraham Kimutai Cheruiyot v Aga Khan Hospital Kisumu [2017] KEELRC 56 (KLR)
✦ The court held that the termination of the employment was lawful.
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Republic v National Government Constituency Development Fund Board & another [2017] KEELRC 73 (KLR)
✦ The ex-parte orders are set aside due to fundamental misrepresentations and non-disclosure of material facts by the applicant.
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Nemwel Momanyi v James Finlay (K) Ltd [2017] KEELRC 115 (KLR)
✦ The appeal is dismissed with orders that each party bears their own costs of the appeal.
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Banking, Insurance & Finance Union (Kenya) v Development Bank of Kenya Ltd [2017] KEELRC 43 (KLR)
✦ The court dismisses the suit and orders each party to bear their own costs.
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Kenya Plantation & Agricultural Workers Union v Unilever Tea Kenya Limited [2017] KEELRC 106 (KLR)
✦ The court found the termination of the employment of the grievants to be lawful and fair.
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Kenya Plantation & Agricultural Workers Union v Mogobich Tea Estate Limited [2017] KEELRC 64 (KLR)
✦ The termination of the employment of the claimant was wrongful, unfair and unlawful. The claimant is entitled to reinstatement and compensation.
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Richard Kipyegon Kitur v Governor, Kericho County & 2 others [2017] KEELRC 48 (KLR)
✦ The application is dismissed, and each party bears their own costs.
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Kenya National Private Security Workers Union v G4s Kenya Limited [2017] KEELRC 53 (KLR)
✦ The court held that the employer must notify the union to which the employee is a member and the labour officer in charge of the area where the employee is employed of the reasons for, and the extent of, the intended redundancy not less than a month prior to the date of the intended date of termination on account of redundancy.
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Japhet Luvaga Jawasi v Mini Bakeries (Nairobi) Limited [2017] KEELRC 80 (KLR)
✦ The court found the termination to be lawful and procedurally fair, and the claimant was not entitled to compensation or an award of certificate of service.
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Charles Rono & 19 others v Kabianga Tea Farm [2017] KEELRC 70 (KLR)
✦ The claimant's termination was unlawful, unfair, and irregular due to non-compliance with redundancy procedures. The claimant is entitled to severance pay, six months compensation for unlawful termination, one month salary in lieu of notice, and the costs of the claim shall be borne by the respondent.
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John Ngoko Isoe v Nyasiongo Tea Factory Co. Ltd [2017] KEELRC 105 (KLR)
✦ The termination of the employment of the claimant was lawful and the claimant is not entitled to the relief sought.
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Kenya Union of Domestic, Hotels, Educaton Institutions and Hospital Workers (KUDHEIHA) v B.O.M Kapmaso Secondary School [2017] KEELRC 63 (KLR)
✦ The application is struck out with each party bearing their own costs.
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Charles Kolimukereng v Lauren International Flowers Ltd [2017] KEELRC 132 (KLR)
✦ Claimant's suit is dismissed with no orders on costs.
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Kenya Union of Commercial Food and Allied Workers v Kiambaa Diary Farmers Co-operative Society Limited [2017] KEELRC 232 (KLR)
✦ The court found the Respondent's actions prevented enforcement of the court order and reprimanded the Respondent's officers for their actions.
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Dorcas Kawira Kaburu v Sana Industries Limited [2017] KEELRC 199 (KLR)
✦ Claimant is entitled to a declaration of unfair dismissal, compensation, and costs.
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Daniel Wachira v Board of Management, Ol-Joro Orok Secondary School [2017] KEELRC 153 (KLR)
✦ Termination of employment was unfair and the Respondent breached the employment contract.
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James Heather - Hayes v African Medical Research Foundation (AMREF) [2017] KEELRC 67 (KLR)
✦ The preliminary objection is dismissed, and the ruling by the arbitrator on jurisdiction is upheld.
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Josiah Ariko Omutoko v Securex Agencies (K) Limited [2017] KEELRC 74 (KLR)
✦ The application is dismissed with costs
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Albert Oduok Odok & 5 Others v Landmark Holdings Limited & Another [2017] KEELRC 171 (KLR)
✦ The separation between the claimants and the respondents is reduced to a normal termination of service, and each claimant is awarded one month's wages in lieu of notice, wage arrears for July 2011, and payment in lieu of untaken leave.
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Nebert Mandala Ombajo v Institute of Certified Public Accountants of Kenya (ICPAK) [2017] KEELRC 203 (KLR)
✦ The Court dismisses the Claimant's case and orders the Respondent to be paid Kshs 1,165,000/- on the counterclaim.
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Praxedes Adhiambo Otieno v Kenya Broadcasting Corporation [2017] KEELRC 86 (KLR)
✦ The court finds that the termination of the claimant's employment was unfair and without valid cause.
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Enock Ogeto Otwori & 2 others v Public Service Commission & 3 others [2017] KEELRC 177 (KLR)
✦ The application is disallowed as the prayers for interim reinstatement are final orders and the court cannot grant interim reinstatement.
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Miriam Atieno Ong’ango v Gilanis Supermarket Limited [2017] KEELRC 201 (KLR)
✦ The application for substitution of the legal representative of the deceased's estate and for abatement of the suit is granted.