Kenyan case law
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Patrick Koome Mutiga & 22 others v Meru County Government & another [2018] KEELRC 712 (KLR)
✦ The application for interim relief is dismissed as the threshold for the grant of the injunctive remedy is not met.
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Beatrice Omiti v Kenya Commercial Bank Limited [2018] KEELRC 999 (KLR)
✦ The respondent is restrained from distressing, repossessing, or realizing the security against the applicant. The injunction remains in place until the respondent fully complies with the terms of the judgment and communicates the balance and terms of loan repayment.
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Republic v County Government of Nandi ex parte Wilson Kiplimo Sigei [2018] KEELRC 996 (KLR)
✦ The applications lack merit and are dismissed with costs
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Jared Omondi Ober & another v County Government of Homabay [2018] KEELRC 1007 (KLR)
✦ The suspension and dismissal were unlawful, and the claimants are entitled to reinstatement and compensation.
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Alfred Odongo Amombo v Lake Victoria North Water Services Board & another [2018] KEELRC 1005 (KLR)
✦ The Respondent is obliged to pay the Claimant half (1/2) salary while on suspension with all arrears from the date of suspension until the dispute is fully resolved.
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Joseph Muli Njau v Polyflex Industries Limited [2018] KEELRC 966 (KLR)
✦ The dismissal of the Claimant is found to be unfair and unlawful.
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Samson Lesiamon Kirampa & another v China Railway No.10 Engineering Group Company Ltd [2018] KEELRC 34 (KLR)
✦ The respondent failed to provide a defence, and the termination was not procedurally fair.
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Kenya Chemical & Allied Workers Union v Spectre International Limited [2018] KEELRC 1034 (KLR)
✦ The court finds that the Respondent failed to pay the named grievants' wages and orders the payment of 50% of the unpaid sum
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David Nyonga Onyango v Eldomatt Hyper Limited [2018] KEELRC 1002 (KLR)
✦ The consent judgment is set aside due to the advocate's misrepresentation and lack of client authority.
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Lucy N. Kariuki-Kenji v Rma Motors (Kenya) Limited [2018] KEELRC 942 (KLR)
✦ Application dismissed with costs
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Josphat Mbithuka Mutiso v Fidelity Security [2018] KEELRC 923 (KLR)
✦ Claimant's claim dismissed as he voluntarily resigned and was paid his terminal dues.
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Chairman B.O.G. St. Teresa’s Secondary School v Eunice J. Adhiambo [2018] KEELRC 1042 (KLR)
✦ Appeal partly succeeds, awarding one month salary in lieu of notice, one month salary for suspension, gratuity, and general damages for unlawful dismissal
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Peter Kahara Munga v Wairia Mwangi, Governor Murang’a County & 2 others [2018] KEELRC 694 (KLR)
✦ The Court finds it lacks jurisdiction to hear the matter and strikes out the Petition.
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Jonathan Kipchoge v Sylvester Kimaiyo & 2 others [2018] KEELRC 1028 (KLR)
✦ The application for an interim injunction is dismissed and the case is transferred to Eldoret for trial.
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Chrispinus Ambani Mwanje v Factory Guards Limited [2018] KEELRC 1029 (KLR)
✦ The suit is not time-barred and will proceed to trial.
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Banking, Insurance & Finance Union (K) v Bank of Baroda (K) Ltd & another [2018] KEELRC 912 (KLR)
✦ The Court finds the 1st Respondent's action of subjecting certain employees to a retirement age of 55 and others at 60 is discriminatory and should be reviewed accordingly, and retirement age should be viewed as a negotiable item as per the parties' CBA.
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Emmanuel Kayala Mate v Wevarsity Sacco Society Limited [2018] KEELRC 997 (KLR)
✦ The court finds that the Claimant voluntarily resigned from his employment and dismisses the claim for unfair and unlawful termination of employment.
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Bernard Juma Owili v Lavington Security Limited [2018] KEELRC 926 (KLR)
✦ The Court finds the dismissal of the Claimant unfair and unlawful, and awards him 1 month salary in lieu of notice, salary for February 2012, house allowance, and 8 months salary as damages for unlawful termination.
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Daniel Onsoro v Christ The King Academy St. Mary’s Café [2018] KEELRC 1030 (KLR)
✦ The Employment and Labour Relations Court of Kenya held that the respondent failed to take into account the unexpired term and the reasons given for redundancy when terminating the claimant's employment.
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Benard Ogembo Obwocha v Johnson Mathenge t/a Sue Grain Millers [2018] KEELRC 1043 (KLR)
✦ The claimant was dismissed summarily for negligence, but is entitled to terminal dues and other benefits.
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Peter Mutua Muindi v Ansaldi Roberto [2018] KEELRC 968 (KLR)
✦ Claimant is awarded 1 month's salary in lieu of notice, 8 months' salary as compensation for unlawful termination, and costs and interest.
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Kenya Union of Commercial,Food & Allied Workers v Uchumi Supermarket [2018] KEELRC 972 (KLR)
✦ The dismissal was found to be unfair due to the lack of a formal disciplinary hearing.
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Phillemon Oseni Kidavi v Brinks Security Ltd [2018] KEELRC 2550 (KLR)
✦ The court orders the respondent to pay the claimant various amounts including notice pay, gross underpayments, normal overtime pay, payment for work during public holidays, salary for March 2017, leave pay, leave travelling allowance, amounts deducted for taking leave, uniform deductions, Brinks Sacco refund, gratuity pay, and compensation.
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Jackson Kimani Waweru & 5 others v Attorney General [2018] KEELRC 958 (KLR)
✦ The suspension of the claimants was found to be unlawful and they should be paid wages accruing to each up to the date of separation. Each claimant ought to receive dues owing up to the dates of end of employment. Wages accruing up to the end date of employment.
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Philip Mutua Onyancha v Kenya Plantation & Agricultural Workers Union [2018] KEELRC 693 (KLR)
✦ Claimant is entitled to compensation for wrongful termination, including 9 days' pay, one month's notice, and compensation for 3 months.