Kenyan case law
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Achieng v Great Lakes University of Kisumu (Cause E035 of 2021) [2022] KEELRC 13535 (KLR) (15 December 2022) (Judgment)
✦ The court found that the claimant did not prove she was an employee of the respondents, and thus dismissed her claim.
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Kenya Union of Commecial, Food & Allied Workers v Ruchu Gacharage Farmers Co-operative Society Ltd (Cause E021 of 2021) [2022] KEELRC 13542 (KLR) (15 December 2022) (Ruling)
✦ The amendment should be allowed
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Beshom Limited v Ong’ayo (Employment and Labour Relations Appeal E157 of 2022) [2022] KEELRC 13543 (KLR) (15 December 2022) (Ruling)
✦ The appeal is dismissed as the appeal was filed outside the statutory period of thirty (30) days.
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Kenya Union of Commercial Foods and Allied Workers v Kenya Credit Traders Limited (Cause E033 of 2022) [2022] KEELRC 13568 (KLR) (15 December 2022) (Judgment)
✦ The termination was unfair and the claimant is entitled to damages.
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Republic v County Executive Committee, Finance Migori County Government & 2 others; Kenya County Government Workers Union (Exparte) (Miscellaneous Civil Application 6 of 2018) [2022] KEELRC 13526 (KLR) (14 December 2022) (Ruling)
✦ The court vacates the order staying the arrest of the Chief Officer, Finance, Migori County Government and orders her to be arrested and brought before the court.
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Ekisa v Hunkar Trading Co Limited (Cause 2182 of 2016) [2022] KEELRC 13540 (KLR) (14 December 2022) (Judgment)
✦ The court finds that termination of the Claimant’s employment was unfair and awards one month’s salary in lieu of notice, salary for 15 days worked in August 2015, and compensation for unfair dismissal.
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Odie v Attorney General & 3 others (Cause E016 of 2021) [2022] KEELRC 13527 (KLR) (14 December 2022) (Judgment)
✦ The court declines to grant the more remedies sought by the claimant as the respondents decided to process the claimant's pension before the hearing of the cause.
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Kenya Engineering Workers Union v Farm Engineering Industries Ltd (Cause 47 of 2019) [2022] KEELRC 13520 (KLR) (14 December 2022) (Ruling)
✦ The Court reviews the previous judgment and awards 2 months' pay in lieu of notice and service gratuity.
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KBM v OSH Limited (Cause 2000 of 2017) [2022] KEELRC 13539 (KLR) (14 December 2022) (Judgment)
✦ The termination of employment was found to be unfair.
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Kizugane & 56 others v Golden Jubilee t/a Crowne Plaza Hotel International Nairobi-Upperhill & another (Cause E460 of 2021) [2022] KEELRC 13533 (KLR) (14 December 2022) (Ruling)
✦ The application is not urgent and not suited to ex parte hearing. The orders sought should have been part of the terms of settlement.
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Kenya County Government Workers Union v County Government of Nakuru on behalf of Naivasha Municipal Council (Miscellaneous Application E175 of 2021) [2022] KEELRC 13502 (KLR) (13 December 2022) (Ruling)
✦ The taxation on instruction and getting up fees is set aside and remitted to another taxing master for fresh taxation.
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Kenya County Government Workers Union v Leonard K Mbuvi t/a Katunga Mbuvi & Co Advocates (Miscellaneous Application E248 of 2021) [2022] KEELRC 13495 (KLR) (13 December 2022) (Ruling)
✦ The court ruled that the bill was not time barred and that the taxing master did not commit an error of principle. The further affidavit was properly filed and served.
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Mwangi (suing on behalf of the Estate of James Gathedi Mwangi – Deceased) v Sea-Link Logistics Contractors & Manpower (Miscellaneous Application E049 of 2022) [2022] KEELRC 13522 (KLR) (13 December 2022) (Ruling)
✦ The application is merited, and the same is hereby allowed as prayed.
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Parsitau v Kongoni Game Conservation Ltd (Cause 423 of 2016) [2022] KEELRC 13496 (KLR) (13 December 2022) (Ruling)
✦ Application allowed, claim reinstated for hearing on merit
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Kenya County Government Workers Union v Leonard K Mbuvi t/a Katunga Mbuvi & Co Advocates (Miscellaneous Application E210 of 2021) [2022] KEELRC 13494 (KLR) (13 December 2022) (Ruling)
✦ The taxing master had jurisdiction to tax the bill, and the client's arguments regarding jurisdiction and time-barredness were not supported by the evidence.
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Technical University of Mombasa v Masabos (Miscellaneous Application E071 of 2022) [2022] KEELRC 13516 (KLR) (13 December 2022) (Ruling)
✦ The application is without merit and is hereby dismissed with no order as to costs.
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Ayako v Masai Mara Sopa Lodge Limited (Cause 1251 of 2017) [2022] KEELRC 14637 (KLR) (13 December 2022) (Ruling)
✦ The court clarifies the judgment, stating the amount awarded was for unpaid house allowance, salaries, and leave. The respondent is ordered to pay the claimant Kshs 455,000 after deducting the claimant's counterclaim.
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Muthiani & 2 others v Dr Mwenje High School (Cause 1934 of 2016) [2022] KEELRC 14638 (KLR) (13 December 2022) (Ruling)
✦ The Court dismissed the application with no order as to costs, finding that the Claimants exhibited great indolence and did not make any attempt to obtain reprieve for the dismissal until August 24, 2021, over 8 months later.
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Kenya Local Government Workers Union v Mbuvi t/a Katunga Mbuvi & Co Advocates (Miscellaneous Application E242 of 2021) [2022] KEELRC 13501 (KLR) (13 December 2022) (Ruling)
✦ The decision of the Taxing Master is overturned, the Bill of Costs is struck out, and the further affidavit is struck out.
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Kenya Local Government Workers Union v Mbuvi t/a Katunga Mbuvi & Co Advocates (Miscellaneous Application E241 of 2021) [2022] KEELRC 13493 (KLR) (13 December 2022) (Ruling)
✦ The court found that the bill of costs was not time barred and that the further affidavit was properly filed. The court did not find an error of principle in the taxation process and declined to remit the bill to a different Taxing Master.
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Koech v County Government of Nakuru & another (Cause 30 of 2020) [2022] KEELRC 13497 (KLR) (13 December 2022) (Judgment)
✦ Claimant's claim is dismissed as his actual date of birth is 1961, not 1969.
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Kemunto v Leo Investments Limited t/a The Concord Hotels (Cause 539 of 2017) [2022] KEELRC 13513 (KLR) (13 December 2022) (Judgment)
✦ The court finds that the termination of the Claimant’s employment was unfair and unlawful.
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Kenya County Government Workers Union v Governor, County Government of Kiambu & 4 others; Kenya Local Government Workers Union (Applicant); Leonard K Mbuvi t/a Katunga Mbuvi & Co Advocates (Respondent) (Miscellaneous Application E 207 of 2021) [2022] KEELRC 13506 (KLR) (13 December 2022) (Ruling)
✦ The Taxing Master's decision is set aside due to the Bill being time barred by the Limitation of Actions Act.
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Abdullahi v City Oil (K) Limited (Cause 109 of 2016) [2022] KEELRC 13507 (KLR) (13 December 2022) (Ruling)
✦ The court sets aside the judgment of May 31, 2022 and grants the respondent leave to file all documents relevant to the suit.
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Irungu v Kobo Safaris Limited (Cause E646 of 2020) [2022] KEELRC 13515 (KLR) (13 December 2022) (Judgment)
✦ The court found that the claimant was an employee of the respondent and that the termination was not unfair.