Kenyan case law
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Tamu Millers Limited v Barasa (Appeal E009 of 2024) [2024] KEELRC 13569 (KLR) (19 December 2024) (Judgment)
✦ The appeal is dismissed with costs for the respondent. The trial court's ruling is upheld.
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Miano v Stanbic Bank Kenya Limited (Cause E437 of 2022) [2024] KEELRC 13487 (KLR) (19 December 2024) (Judgment)
✦ The Court finds the dismissal to be lawful and fair, dismissing the claimant's claim.
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Kuria & 13 others v Kartasi Industry Limited (Cause E531 of 2022) [2024] KEELRC 13488 (KLR) (19 December 2024) (Judgment)
✦ The Court dismisses the claims for unfair termination, underpayment, and breach of contract. The Court orders the respondent to issue the claimants with their respective certificates of service.
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Kenya Kazi Security Limited v Wanyoike (Employment and Labour Relations Appeal 192 of 2022) [2024] KEELRC 13580 (KLR) (19 December 2024) (Judgment)
✦ Appeal dismissed in its entirety
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Odero v Tononoka Rolling Mills Limited (Cause 882 of 2018) [2024] KEELRC 13482 (KLR) (19 December 2024) (Judgment)
✦ The Claimant's termination was found to be unfair, and he is awarded 5 months' salary as compensation for the unfair termination.
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Mutiso & 4 others (Suing on their Own Behalf and on Behalf of Members of KCPA) v gikonyo & 12 others (Cause E688 of 2024) [2024] KEELRC 13573 (KLR) (19 December 2024) (Ruling)
✦ The court did not strike out the Statement of Claim and corrected a typographical error in the court's previous ruling.
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Kenya Export Floriculture, Horticulture & Allied Workers Union v Vegpro (K) Ltd (Cause E028 of 2020) [2024] KEELRC 13593 (KLR) (19 December 2024) (Judgment)
✦ The cause is dismissed with no order as to costs due to being sub judice and lacking a list of the names of the grievants in the statement of claim.
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Munyoki v Nthuni t/a Limcom Africonsultants (Cause 1571 of 2015) [2024] KEELRC 13558 (KLR) (19 December 2024) (Ruling)
✦ The ex parte judgment is set aside and the case is reopened for an inter partes hearing on priority basis.
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Otieno (Suing on his Behalf and on Behalf of the General Public) v National Government Constituency Development Fund Board & another; Ethics and Anti-Corruption Commission (Interested Party) (Petition E097 of 2024) [2024] KEELRC 13499 (KLR) (19 December 2024) (Judgment)
✦ The petition is dismissed with orders for the petitioner to pay the costs of the petition.
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Dunman v Athi Stores Limited (Cause E003 of 2023) [2024] KEELRC 13565 (KLR) (19 December 2024) (Judgment)
✦ The court finds the termination unfair and orders the respondent to pay the claimant Kshs.3,950,000 in arrears and severance pay, and to pay the claimant's costs.
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Odima & another v General Secretary Kenya National Private Security Workers Union & another (Cause 11 of 2022) [2024] KEELRC 13584 (KLR) (19 December 2024) (Judgment)
✦ The suspension of the Claimants was irregular and unprocedural.
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Moi University v Universities Academic Staff Union (UASA) Moi University Chapter & 2 others (Employment and Labour Relations Petition E016 of 2021) [2024] KEELRC 13537 (KLR) (19 December 2024) (Judgment)
✦ The industrial action was unprotected as the Respondents failed to comply with the law's requirements.
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Wareng Nekoi Multi-Purpose Co-operative Society Ltd v Ruto (Cause E025 of 2022) [2024] KEELRC 13530 (KLR) (19 December 2024) (Judgment)
✦ The court finds the Respondent owes the Claimant Kshs. 4,368,207. The court also finds the decision to retire the Respondent early was unlawful and denies the Respondent's claim for terminal dues.
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Mwangi v SGS Kenya Limited (Cause 1022 of 2017) [2024] KEELRC 13564 (KLR) (19 December 2024) (Judgment)
✦ The Court found that the termination was lawful and fair, as the employer provided a valid reason for the termination based on the employee's negligence in her duties.
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Kariuki & another v Attorney General & 2 others (Petition E166 of 2024) [2024] KEELRC 13501 (KLR) (19 December 2024) (Judgment)
✦ The court declared the transfer unfair and violated the petitioner's rights. It also ordered the respondents to consider the petitioner's son's needs and develop a policy for police officers with disabled dependents.
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Nyamolo v National Syndemic Diseases Control Council (NSDCC) (Employment and Labour Relations Petition E102 of 2024) [2024] KEELRC 13575 (KLR) (19 December 2024) (Ruling)
✦ The court dismissed the application with costs, finding that the petitioner did not establish a prima facie case for reinstatement and that it would be unsuitable to pre-empt the ongoing disciplinary process.
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Ogola v Anyango (Appeal E138 of 2024) [2024] KEELRC 13504 (KLR) (19 December 2024) (Judgment)
✦ The ruling striking out the suit is set aside, and the appellant is allowed to proceed with his claim.
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Macharia & 18 others v Scripture Union of Kenya (Cause 355 of 2017) [2024] KEELRC 13599 (KLR) (19 December 2024) (Judgment)
✦ The court finds in favor of the claimants, awarding them severance pay, compensation, and other monetary awards.
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Odhiambo v Columbia Developers [K] Limited (Cause E417 of 2022) [2024] KEELRC 13549 (KLR) (19 December 2024) (Judgment)
✦ The court found in favor of the Claimant on all issues and ordered the Respondent to pay the claimed amounts.
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Nandi v Machogu, Cabinet Secretary Ministry of Education & 3 others (Employment and Labour Relations Petition E014 of 2024) [2024] KEELRC 13545 (KLR) (19 December 2024) (Judgment)
✦ The Court held that the Council had not abdicated its mandate to appoint the Vice Chancellor to the Cabinet Secretary for Education. The Council's recommendation was binding, and the Petitioner had a legitimate expectation to be appointed.
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Omari v Sendwave Limited (Employment and Labour Relations Cause E495 of 2022) [2024] KEELRC 13540 (KLR) (19 December 2024) (Ruling)
✦ The application is granted and the respondent is allowed to amend its pleadings
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Mbuthia t/a Musera Auctioneers v Kenya Chemical & Allied Workers Union; East African Portland Cement PLC (Respondent) (Employment and Labour Relations Cause 2119 of 2014) [2024] KEELRC 13539 (KLR) (19 December 2024) (Ruling)
✦ Execution of the decree will proceed, and the application for stay of execution is dismissed.
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Chimwani v Solfin Solutions Limited (Cause E054 of 2023) [2024] KEELRC 13478 (KLR) (19 December 2024) (Judgment)
✦ The court finds in favor of the claimant, awarding 19 accrued leave days, unpaid salaries, and costs of the suit.
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Manyasa v Director, Directorate of Criminal Investigations & 3 others (Cause E862 of 2024) [2024] KEELRC 13574 (KLR) (19 December 2024) (Ruling)
✦ The court issued a temporary injunction to prevent disciplinary proceedings against the applicant pending the court's hearing and determination of the case.
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Mwangi v Family Bank Limited (Employment and Labour Relations Cause 331 of 2014) [2024] KEELRC 13509 (KLR) (19 December 2024) (Ruling)
✦ The application for stay of execution is found to be res judicata and the applicant should pursue the appeal if still persuaded so to do