Kenyan case law
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Banking Insurance and Finance Union (Kenya) v Consolidated Bank of Kenya Limited [2021] KEELRC 129 (KLR)
✦ Declining to grant the application to dismiss the case, the court allows the Claimant a last chance to have the matter heard and orders the parties to fix the case for hearing as soon as possible without unnecessary delay.
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Rono David Koskei v Bomas of Kenya Limited [2021] KEELRC 165 (KLR)
✦ The Claimant has failed to establish a prima facie case to warrant an interlocutory injunction and the balance of convenience tilts in favour of the Respondent
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Josephat Chege Wangoru v Gathare Bar Hotel and Boarding House [2021] KEELRC 62 (KLR)
✦ The court ordered the respondent to pay the claimant one month salary in lieu of notice, untaken leave days, underpayment arrears, and interest from the date of judgment till payment in full.
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Alfred Kipkoech Kibet v Mumias Sugar Company Ltd [2021] KEELRC 84 (KLR)
✦ The court found valid and justifiable reasons for the termination but the termination was not lawful and fair.
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Mark Theophil Odero Adoyo v KCB Group PLC [2021] KEELRC 179 (KLR)
✦ The ex parte order is set aside, and the replying affidavit is admitted. The application will be heard inter partes.
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Vincent Omao Mariita v County Government of Nyamira & 4 others; Godfrey Kiriago Nyangau & another (Interested Parties) [2021] KEELRC 171 (KLR)
✦ The court found that the secondment of the interested parties was not procedural and that the Petitioner is entitled to the orders sought.
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Moses Agumba Orot v Chairman, Board of Directors, Lake Victoria South Water Services Board & another [2021] KEELRC 203 (KLR)
✦ The dismissal of the Claimant is upheld due to gross misconduct and the Claimant is not entitled to damages or other relief.
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Daisy Chepkoech Bii v Governor, County Government of Bomet & 2 others [2021] KEELRC 142 (KLR)
✦ The Court declines jurisdiction and strikes out the Claimant's Memorandum of Claim as she did not exhaust the appeal procedures.
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Amondi & Co Advocates v County Government of Kisumu [2021] KEELRC 189 (KLR)
✦ The advocate is not entitled to interest on the taxed costs due to failure to demonstrate a condition precedent to the award of interest.
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Benjamin & 40 others v Kenya Medical Practitioners & 2 others; Commissioner for Labour & 73 others (Interested Parties) (Cause E080 of 2021) [2021] KEELRC 50 (KLR) (15 December 2021) (Ruling)
✦ The Court declared the elections invalid, null and void, and ordered fresh elections to be conducted by the 2nd Respondent.
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Domnic Ombagi & 120 others v Kisii University [2021] KEELRC 187 (KLR)
✦ The Court dismissed the petition, finding that the Petitioners had not exhausted statutory dispute resolution avenues and that a trade union had initiated similar legal proceedings.
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David Ochieng Oking v Fresh An Juici Ltd [2021] KEELRC 140 (KLR)
✦ The Court finds that the Respondent terminated the Claimant's employment without observing the requirements of procedural fairness.
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Lena Chemoiwo v Bomas of Kenya Limited [2021] KEELRC 81 (KLR)
✦ The Court did not become functus officio, and the contempt proceedings were valid. The Respondent/Applicant is held in contempt and ordered to pay fines and remit withheld salaries.
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Kenya Union of Entertainment and Music Industry Employees v Bomas of Kenya [2021] KEELRC 102 (KLR)
✦ The memorandum of claim is defective and should be struck out
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Kenya Plantation and Agricultural Workers Union v Migotiyo Plantations Limited [2021] KEELRC 139 (KLR)
✦ The court dismissed the claim, finding that the grievants were not involved in a strike and that the dismissal was fair and genuine.
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Kenya Universities Staff Union Kisii Chapter v Kisii University & 2 others [2021] KEELRC 192 (KLR)
✦ The Petition is dismissed with no order on costs due to social partnership between the parties
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Nick Musili Musyoka v Dac Avition (EA) Limited [2021] KEELRC 23 (KLR)
✦ The court finds no matter to justify the application and dismisses it with costs to the claimant.
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Edith Kathure Munyua v Moi Teaching and Referral Hospital & 3 others [2021] KEELRC 152 (KLR)
✦ The motion to appoint an independent accountant to compute interest is dismissed with costs to the Respondents.
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Benjamin Willy Muendo & 53 others v Quality Inspectors Limited [2021] KEELRC 147 (KLR)
✦ The Court allows the application and grants the Claimants liberty to file a further list of documents, documents, further list of witnesses, and detailed witness statements by all the Claimants, save the Claimant who has already testified.
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Cargill Kenya Limited v Wilson Onywoki Nyakeruma [2021] KEELRC 89 (KLR)
✦ The dismissal was found to be unfair and unjustified, and the trial court's award of 12 months salary as compensation for unfair termination is affirmed, with the house allowance underpayment corrected.
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Amondi & Co AdvocateS V County Government of Kisumu [2021] KEELRC 161 (KLR)
✦ The Court will only allow the Motion to adopt the Certificate of Costs for the sum of Kshs 1,138,442/50 and costs of the Motion to the advocate
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Michael Nyangi & another v Homa Bay County Assembly Service Board & 3 others [2021] KEELRC 202 (KLR)
✦ The Petition is dismissed with costs to the Respondents due to the application of res judicata and the abuse of the court process.
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Kenya National Private Security Workers Union v Mongoose Property Care Limited [2021] KEELRC 88 (KLR)
✦ The claim is dismissed as the termination was not unfair and the Grievant did not prove underpayment of wages or unpaid overtime.
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Republic & another v Principal/Secretary, Board Of Management, St Patricks Naitiri High School & another; St Patricks Naitiri Boys High School (Interested Party) [2021] KEELRC 85 (KLR)
✦ The Motion is dismissed with costs.
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Eric Oteno Oricho & 6 others v County Public Service Board & 3 others [2021] KEELRC 186 (KLR)
✦ The advocate is not entitled to interest on the taxed costs due to failure to demonstrate a condition precedent to the award of interest