Kenyan case law
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Odoyo & 5 others v General Conference of Seventh Day Adventist Church East-Central Africa Division (ECD) (Cause E063 of 2020) [2023] KEELRC 2785 (KLR) (31 October 2023) (Judgment)
✦ The Court finds that the redundancy was not unfair and thus the Appellants are not entitled to compensatory damages.
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Mboya v Mini Bakeries (N) Limited (Employment and Labour Relations Cause E035 of 2022) [2023] KEELRC 2701 (KLR) (31 October 2023) (Judgment)
✦ Claimant’s dismissal was lawful and procedurally justifiable
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PG Kaingu & Co Advocates v Simbah (Cause 2054 of 2016) [2023] KEELRC 2782 (KLR) (31 October 2023) (Ruling)
✦ The court allows the application and orders the applicant to bear the costs of the application.
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Murimi v Institute of Human Resource Management (IHRM) (Cause 281 of 2020) [2023] KEELRC 2729 (KLR) (31 October 2023) (Judgment)
✦ The termination of the claimant's employment on 15/4/2020 was not for a valid reason following a fair procedure.
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Achuti & 28 others v County Government of Nakuru & another (Employment and Labour Relations Cause E039 of 2022) [2023] KEELRC 2676 (KLR) (31 October 2023) (Judgment)
✦ The court finds for each claimant and orders payment of 1 month's salary in lieu of notice, gratuity at 31%, compensation equivalent to 3 months salary for unfair termination, and costs of the suit.
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David v Colindale Security Limited (Employment and Labour Relations Cause 1943 of 2016) [2023] KEELRC 2786 (KLR) (31 October 2023) (Ruling)
✦ The court allows the application and directs the claimant to take a date for directions within the next 30 days with a view to fixing the case for hearing on priority basis.
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Fursys Kenya Limited v Oyare (Appeal E046 of 2021) [2023] KEELRC 2846 (KLR) (31 October 2023) (Judgment)
✦ The appeal is dismissed. The judgment of the Chief Magistrate's Court is upheld.
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Mugallo v Crown Motors Group Limited (Cause 1147 of 2018) [2023] KEELRC 2695 (KLR) (31 October 2023) (Judgment)
✦ The Court found the termination unfair due to lack of procedural fairness and evidence of misconduct.
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Kenya Building Consruction, Timber and Furniture Industries Employees Union v Timsales Limited (Employment and Labour Relations Cause E029, E030 & E031 of 2021 (Consolidated)) [2023] KEELRC 2692 (KLR) (31 October 2023) (Ruling)
✦ The court ruled that the grievants are entitled to their salaries from June 2018 to July 27, 2018, with the amounts to be agreed upon by the parties or submitted to the court for adoption.
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Parmar v African Express Airways (Employment and Labour Relations Cause 1434 of 2017) [2023] KEELRC 2711 (KLR) (31 October 2023) (Ruling)
✦ The Court granted the Claimant's application to review the judgment and awarded USD 6,000 for the extra duties due and owing to the Claimant.
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Mdari v Mastermind Tobacco Kenya Limited (Appeal E088 of 2021) [2023] KEELRC 2728 (KLR) (31 October 2023) (Judgment)
✦ The appeal is upheld, and the suit by the respondent is dismissed. The entire judgment and decree by the trial court is set aside.
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Mwandikwa v Kenya Civil Aviation Authority & another (Employment and Labour Relations Cause 813 of 2015) [2023] KEELRC 2970 (KLR) (31 October 2023) (Judgment)
✦ The Court found the termination to be unfair and unlawful.
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Mbugua v National Cohesion and Integration Commission; Kobia & 4 others (Contemnor) (Judicial Review E003 of 2023) [2023] KEELRC 2677 (KLR) (31 October 2023) (Ruling)
✦ The court dismissed the application for stay, finding that the appeal is predicated on orders already granted by the court, which in this case will be the conviction for contempt.
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Njeru v Banda Homes Limited (Employment and Labour Relations Cause E489 of 2021) [2023] KEELRC 2796 (KLR) (31 October 2023) (Ruling)
✦ The court allows the application and orders that the status quo is maintained pending the hearing of the main suit.
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Thuo v County Government of Nyandarua (Employment and Labour Relations Cause 178 of 2018) [2023] KEELRC 2675 (KLR) (31 October 2023) (Ruling)
✦ The court dismissed the respondent's appeal and the claimant's application for release of the funds, finding the appeal was not frivolous and the application was unmerited.
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Mewa Hospital v Khator (Appeal E090 of 2023) [2023] KEELRC 2706 (KLR) (31 October 2023) (Ruling)
✦ The court finds a conditional stay of execution necessary to allow both parties a hearing on the merits.
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Bakery Confectionery Food Manufacturing & Allied Workers Union (K) v Satisfaction Fine Bakers (Employment and Labour Relations Cause 124 of 2017) [2023] KEELRC 2781 (KLR) (31 October 2023) (Ruling)
✦ The application was granted, and the Respondent was granted leave to file its Statement of Defence.
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Kenya National Union of Domestic Workers v United Aryan EPZ Limited & 3 others (Cause E788 of 2021) [2023] KEELRC 2780 (KLR) (31 October 2023) (Judgment)
✦ The Court finds that the Claimant's union registration was valid and that the mass resignation of employees from TTWU was not supported by evidence.
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Njiriri v Zizi Investments Limited (Employment and Labour Relations Cause E404 of 2021) [2023] KEELRC 2784 (KLR) (31 October 2023) (Ruling)
✦ The application to strike out the claimant's claim is dismissed with costs.
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Rotiken v Olekina (Cause E165 of 2021) [2023] KEELRC 2723 (KLR) (31 October 2023) (Ruling)
✦ The court awarded the Claimant gratuity at 31% of the actual amount paid to the Claimant for the duration served, as no documentary evidence was provided to determine the amount due as gratuity.
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Mbundi v World Boots Ltd (Employment and Labour Relations Cause 382 of 2016) [2023] KEELRC 2779 (KLR) (31 October 2023) (Ruling)
✦ The application is dismissed with no orders as to costs due to inordinate delay in filing and lack of cogent reasons for reinstating the suit
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Kipteng v Good Hope Sacco Limited; Co-operative Bank (K) Limited (Garnishee) (Employment and Labour Relations Appeal E013 of 2022) [2023] KEELRC 2693 (KLR) (31 October 2023) (Ruling)
✦ Declining to issue garnishee orders as prayed and ordering execution to proceed in any other form
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Isami v Musyoka (Cause 920 of 2018) [2023] KEELRC 2663 (KLR) (30 October 2023) (Judgment)
✦ Dismissal found not to be unfair, claimant's claims for payment in lieu of notice and damages for unfair termination collapse. Leave pay and service pay claims are declined.
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Benson v Oshwal Education and Relief Board t/a Oshwal Academy Nairobi (Cause 1434 of 2018) [2023] KEELRC 2667 (KLR) (30 October 2023) (Judgment)
✦ The dismissal was not found to be unfair, and the claimant's prayer for compensation and medical benefits is dismissed.
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Hussein & another v Governor, County Government of Mandera & 2 others; Somo (Interested Party) (Petition E143 of 2023) [2023] KEELRC 2656 (KLR) (30 October 2023) (Judgment)
✦ The Court dismisses the petition and orders the respondents to bear their own costs.