Kenyan case law
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Collins Mango Egesa v Superior Homes (K) Limited [2020] KEELRC 1065 (KLR)
✦ The Court will allow the application on terms, that is, the Claimant to pay the Respondent thrown away/wasted costs of Kshs 10,000/- within 10 days, in default, the application will stand dismissed.
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Rosemary Akinyi Kijana v Nairobi City Water and Sewerage Company Limited [2020] KEELRC 1057 (KLR)
✦ The Court dismisses the Respondent's application and orders costs to be awarded to the Petitioner.
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Joseph Kaguthi & 11 others v Principal Secretary, Ministry of Interior & Co-ordination of National Government & another [2020] KEELRC 1015 (KLR)
✦ The Court granted the leave to file the suit out of time and ordered costs to be provided for.
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Moses Mugira Rimbera v Bosky Industries Limited [2020] KEELRC 1028 (KLR)
✦ The claimant's employment was unfairly terminated, and he is entitled to at least minimum wage payment.
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Patrick Nambila Mikuzi v Ashton Court Apartments Limited [2020] KEELRC 1040 (KLR)
✦ The court finds the termination unlawful and unfair due to non-compliance with the Employment Act's redundancy procedures.
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Mary Wanjiku Kiguru & another v Kenya Methodist University [2020] KEELRC 1044 (KLR)
✦ The ex parte orders are set aside, and the respondent is granted leave to file a defence within 21 days. The applicant is awarded Kshs.30,000 as throw away costs.
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Bakery Confectionary Food Manufacturing and Allied Workers Union (Kenya) v Monking Bakers Limited [2020] KEELRC 1027 (KLR)
✦ The Application is dismissed with no orders
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Bakery, Confectionery, Food Manufacturing and Allied Workers’ Union (K) v Brava Food Industries Limited [2020] KEELRC 1041 (KLR)
✦ Claimant met the simple majority threshold for recognition and is entitled to deduct union dues.
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Rosemary Akinyi Kijana v Nairobi City Water and Sewerage Company Limited [2020] KEELRC 911 (KLR)
✦ The Petitioner did not prove violation(s) of rights to equality and freedom from discrimination or human dignity. The discontinuation of the Petitioner’s employment was unfair. The Respondent was in breach of contract.
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Kenya Scientific Research International Technical and Institutions Workers Union & 4 others v Judith Akinyi Weya & 2 others [2020] KEELRC 1042 (KLR)
✦ The Court finds that the 2nd to 5th Claimants have locus standi to file the suit and that the Court has jurisdiction over the matter. The vehicle registration number KBX 181N belongs to the 1st Claimant union as initially registered in the name of the 5th Claimant in trust.
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Rosemary Akinyi Kijana v Nairobi City Water and Sewerage Company Limited [2020] KEELRC 815 (KLR)
✦ The Court dismisses the Respondent's application and orders costs to be awarded to the Petitioner.
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Emmanuel Oshumu Parteyie v East African Portland Cement PLC [2020] KEELRC 912 (KLR)
✦ Application dismissed due to lack of merit
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Patterson Mzee Mwakio v Hakika Transport Services Limited [2020] KEELRC 636 (KLR)
✦ The Claimant's employment was lawfully terminated due to retirement, and the claims for compensation and notice pay are dismissed. Leave pay is awarded.
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Christine Katunge Kitale v Statpack Industries Limited (Cause 879 of 2017) [2020] KEELRC 1020 (KLR) (Employment and Labour) (21 May 2020) (Judgment)
✦ The Court finds the termination of the Claimant's employment was unfair and unjustified.
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Nassoro Mohamed Mwanyule v Abry Logistics Limited [2020] KEELRC 643 (KLR)
✦ The Court finds the termination of the Claimant's employment to be substantively and procedurally unfair, and awards six months' salary in compensation and one month's salary in lieu of notice.
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Michael Muriuki Ngari & 9 others v Equity Bank of (Kenya) Limited [2020] KEELRC 1001 (KLR)
✦ The dismissal was unfair and the disciplinary process was not fair.
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Kingsford Mukiri Gitari & 5 others v Sintel Security Print Solutions Limited [2020] KEELRC 994 (KLR)
✦ The court reviews its earlier judgment and corrects the error in calculating the remedies, using a monthly salary of Kshs. 35,000 instead of Kshs. 30,000.
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Martin O. Oluoch & 3 others v Kenyatta National Hospital Board & another [2020] KEELRC 966 (KLR)
✦ The Preliminary Objection has merit and the application is struck out. Execution proceeds.
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Kenya National Union of Nurses v Trustees of the County Pension Fund & 9 others; Ethics and Anti-Corruption Commission (Interested Party) [2020] KEELRC 955 (KLR)
✦ The application by the Applicant to be joined to the petition is disallowed, and the Petition proceeds with the current parties.
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Dorcas Oside Samwel v Rosoga Investmenets Limited [2020] KEELRC 1066 (KLR)
✦ The claimant's employment was unfairly terminated, and she is awarded compensation, notice pay, and public holidays pay.
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Lawrence Sifuna Wekesa v Salsam Enterprises Limited [2020] KEELRC 682 (KLR)
✦ The termination was found to be unfair and unlawful, and the Claimant is awarded five months' salary in compensation and one month's salary in lieu of notice.
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Emmanuel Sabwa v Habo Group Companies Limited [2020] KEELRC 1011 (KLR)
✦ The Court finds the termination unfair and awards compensation for 1 month's salary, house allowance, leave, in-house savings, and pension savings. The court also orders the remittance of unremitted statutory deductions and issues a certificate of service.
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Francis Goloba v Board of Governors Church on the Rock Academy [2020] KEELRC 1024 (KLR)
✦ The dismissal was unfair and unjustified
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Rosemary Waitherero Mburu v Kenya Airways Limited [2020] KEELRC 1010 (KLR)
✦ The Court denied the interim injunctions as the Respondent had the right to administer the Claimant's contract and manage its business.
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Kelvin Maina v Attorney General & 2 others; James Gathii Mburu (Interested Party) [2020] KEELRC 931 (KLR)
✦ The Petition is dismissed with no order as to costs as the Petitioner failed to establish non-competitiveness of the Interested Party