Kenyan case law
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Meshack Kirimi Mwithimbu & 7 others v Liquidator Nkuene Farmers Co-operative Society Limited & 16 others [2019] KEELRC 973 (KLR)
✦ The court holds that jurisdiction is reposed in the court as held by the learned Deputy Registrar.
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Kenya Union of Commercial, Food & Allied Workers v National Social Security Fund [2019] KEELRC 964 (KLR)
✦ The court lacks jurisdiction to entertain the suit out of time and strikes out the suit with no order as to costs.
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Qabale Diba Badake & 2 others v Public Service Board Marsabit Count & 3 others; National Gender and Equality Commission(Interested Party) [2019] KEELRC 937 (KLR)
✦ Application for amendment is dismissed
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Nico Lucheli Bulinya v Swalehe & Brothers Transporters Limited [2019] KEELRC 994 (KLR)
✦ The Appeal is rejected.
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Kenya Medical Practitioners, Pharmacists and Dentists Union and others v County Government of Laikipia & another; Public Service Commission(Interested Party) [2019] KEELRC 978 (KLR)
✦ The court grants leave to commence Judicial Review proceedings and grants an order of status quo to apply to the applicants pending the hearing and determination of the intended Judicial Review.
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Salesio Mutuma Thuranira v Stephen Kaberia Arimba & 3 others [2019] KEELRC 987 (KLR)
✦ The Petition is dismissed with costs.
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Olivado (Epz) Limited v Isaiah Bundi Kirigwa, Chairperson National Labour Board & another [2019] KEELRC 943 (KLR)
✦ The court stays Cause No. 182 of 2017 for 2 months to enable the National Labour Board make a determination of the recognition dispute.
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Nashon Aseka v Mumias Sugar Company Ltd [2019] KEELRC 958 (KLR)
✦ The application is dismissed as the amended suit has been overtaken by events.
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Charles Dzombo v Mombasa Retreads Ltd [2019] KEELRC 957 (KLR)
✦ Termination was unfair and the Claimant is granted compensation for unfair termination equivalent to 5 months' salary at Kshs. 70,000 and severance pay at Kshs. 40,384.
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Chama Cha Mawakili (CCM) v Chairperson Independent Electoral and Boundaries Commission & 2 others [2019] KEELRC 1017 (KLR)
✦ The court orders the recruitment process to be temporarily halted and the shortlisted candidates to be re-evaluated with a predetermined and objective score-sheet.
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John Odero Omondi Okongo v Christine Omuombo & 3 others (Sued in their capacity as) the Administrators of the Estate of the Late Tom O’ Omuombo) [2019] KEELRC 1004 (KLR)
✦ The Claimant's claim fails and is dismissed with no order for costs
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Pascalla Mumbua Mutua & another v Nairobi Light Academy Primary School [2019] KEELRC 970 (KLR)
✦ The court declines to grant conservatory orders and dismisses the application with no orders.
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Benson Amwoga Juma v Kenya Pipeline Company Limited [2019] KEELRC 962 (KLR)
✦ The Court rejects the Conciliator's report and orders the dispute to be referred back to the Conciliator for further conciliation
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James Kinyua v University of Nairobi [2019] KEELRC 983 (KLR)
✦ The Court finds that the termination was not wrongful and the Claimant is not entitled to compensation.
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Peter Mbuthia Gitau v Kenya Revenue Authority [2019] KEELRC 919 (KLR)
✦ The dismissal was not lawful and fair, and the Claimant is entitled to the remedies sought.
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Joseph Irungu Mwangi v Deep Blue Enterprises Kenya Limited [2019] KEELRC 969 (KLR)
✦ The Court finds the Respondent guilty of unlawful and unfair termination of the Claimant's employment and awards compensation and other remedies.
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Zakayo Mulinge Mutuku v Kenya Electricity Generating Company Limited (Cause 1968 of 2014) [2019] KEELRC 1002 (KLR) (Employment and Labour) (26 July 2019) (Ruling)
✦ The application is dismissed with costs.
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Peter Nzioka Musembi v Esquire Wholesalers Limited [2019] KEELRC 999 (KLR)
✦ The Court finds that the Respondent terminated the Claimant's employment without justifiable cause and in violation of due procedure, and awards compensation and other remedies accordingly.
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Kenya Shipping, Clearing and Warehouses Workers Union v Sunripe (1976) Limited [2019] KEELRC 980 (KLR)
✦ The court ordered the employees to be paid one month's salary in lieu of notice, pay in lieu of annual leave capped at three years, and ex-gratia pay at one month's salary.
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Teachers Service Commission v Kenya National Union of Teachers (KNUT); Ministry of Labour & Social Protection (Interested Party) (Petition 151 of 2018) [2019] KEELRC 926 (KLR) (Employment and Labour) (26 July 2019) (Ruling)
✦ The court orders a stay on the validation and implementation of teacher performance measurement tools pending the appeal.
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Josephat Masheti Kitambi v Knights Armour Africa Limited [2019] KEELRC 1018 (KLR)
✦ The Claimant's claim is dismissed as he failed to establish an employment relationship.
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Eric Kinoti v Societe Petroliere Kenya Limited [2019] KEELRC 960 (KLR)
✦ The court declines to grant leave to the firm of Kibatia and Company Advocates to come on record. The court also declines to review the consent judgment.
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Antoinette Bonita Kamau & another v Energy Regulatory Commission [2019] KEELRC 992 (KLR)
✦ The re-designation and re-deployment were unlawful, unconstitutional, and unfair.
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Boniface Kasoya Musyoka v Hoggers Limited [2019] KEELRC 941 (KLR)
✦ The termination was unfair due to lack of procedural fairness, but the claimant is not entitled to compensation. The claimant is entitled to one month's salary in lieu of notice, salary for September 2010, and 23 days leave. The respondent is entitled to the difference between what it lost and what was refunded by its insurers.
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Kenya National Private Security Workers’ Union v Eveready Security Guards Limited [2019] KEELRC 982 (KLR)
✦ The claim succeeds and the court orders the Respondent to deduct union dues from August 2019 and to allow workers to be organized in a union of their choice.