Kenyan case law
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Odhiambo v Tononoka Rolling Mills Limited (Cause 683 of 2018) [2023] KEELRC 2660 (KLR) (30 October 2023) (Judgment)
✦ The Court dismissed the claimant's suit with costs.
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Oduori v Lycan EPZ Enterprises Limited & another (Cause 1981 of 2017) [2023] KEELRC 2657 (KLR) (30 October 2023) (Ruling)
✦ The court dismissed the Preliminary Objections as the Claimant had leave to amend the memorandum of claim and the suit was not statute barred.
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Lang'at v First Community Bank Limited (Cause 774 of 2019) [2023] KEELRC 2662 (KLR) (30 October 2023) (Judgment)
✦ The Court finds that the reasons for termination were genuine and not unfair, and the respondent accorded due process. The claimant is entitled to a certificate of service.
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Mutia v Peter Mulei & Sons Co Ltd (Cause E516 of 2021) [2023] KEELRC 2670 (KLR) (30 October 2023) (Judgment)
✦ The court found the Notice of Retirement to be an unfair termination of employment.
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Kenya Engineering Workers Union v Kenya General Industries Limited (Cause E021 of 2023) [2023] KEELRC 2690 (KLR) (30 October 2023) (Ruling)
✦ The claims by the grievants are dismissed as an abuse of court process, except for the claims by Francis Mwai and Felix Otieno, which are allowed to proceed on the merits.
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Gachengo v Solenta Aviation Kenya Limited (Cause 379 of 2017) [2023] KEELRC 2661 (KLR) (30 October 2023) (Judgment)
✦ The Court finds the termination procedurally unfair and orders the respondent to deliver a certificate of service. The claimant is not entitled to compensation for accrued leave days or 12 months' gross salary compensation for unfair termination.
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Mwiti v Housing Finance Company (HFC) Limited (Cause 545 of 2018) [2023] KEELRC 2659 (KLR) (30 October 2023) (Judgment)
✦ Constructive dismissal not established, claimant entitled to certificate of service only
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Mae v Brinks Security Services Limited (Appeal E078 of 2021) [2023] KEELRC 2705 (KLR) (30 October 2023) (Judgment)
✦ The employment was terminated unfairly, and the appellant is awarded compensation, notice pay, leave pay, and a certificate of service.
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Okello v Sacco Societies Regulatory Authority & another (Employment and Labour Relations Cause E490 of 2023) [2023] KEELRC 2669 (KLR) (30 October 2023) (Ruling)
✦ The Court of Appeal's position is that the ELRC can only act on a matter that involves individuals who have an employment and or labour relation. Therefore, the ELRC does not have jurisdiction over the dispute.
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Musumba v Kenya Methodist University (Cause 111 of 2019) [2023] KEELRC 2665 (KLR) (30 October 2023) (Judgment)
✦ The Court held that the suit is time-barred and dismissed the case.
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Thoya v Delfy Secutity Limited (Miscellaneous Application E036 of 2023) [2023] KEELRC 2691 (KLR) (30 October 2023) (Ruling)
✦ Application is allowed to the extent that leave to file appeal out of time is extended by 14 days only and failure to utilize the leave shall automatically lapse. The applicant shall pay the respondent Ksh 5,000 all inclusive.
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Mwangea & 3 others v Kenya Ports Authority (Cause E073 of 2022) [2023] KEELRC 2694 (KLR) (30 October 2023) (Judgment)
✦ The court finds that the suspension and dismissal were not in accordance with proper disciplinary procedures and rules.
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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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Otieno & 3 others v Kenya Revenue Authority (Constitutional Petition E074 of 2023) [2023] KEELRC 2668 (KLR) (30 October 2023) (Judgment)
✦ The Court declared the respondent's unilateral decision to terminate the secondment contracts as unprocedural, unlawful, and unconstitutional.
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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.
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Hassan v National Police Service Commission & 3 others; National Council for Persons with Disabilities (NCPWD) (Interested Party) (Petition E032 of 2022) [2023] KEELRC 2678 (KLR) (30 October 2023) (Ruling)
✦ The court dismissed the application for review and found the respondents not in contempt of court.
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Wanjiru v Muthaiga Country Club (Cause 776 of 2018) [2023] KEELRC 2682 (KLR) (27 October 2023) (Judgment)
✦ The Court finds that the termination was not unfair and dismisses the Claim in its entirety with each party bearing their own costs.
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Okanya v Woodrow Communications Limited (Employment and Labour Relations Cause E825 of 2022) [2023] KEELRC 2674 (KLR) (27 October 2023) (Ruling)
✦ The court declared that the matter is not on arbitration and ordered the proceedings to proceed
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Njoroge v Cold Solutions Kiambu Sez Limited (Cause E804 of 2022) [2023] KEELRC 2686 (KLR) (27 October 2023) (Judgment)
✦ The court finds the termination procedurally and substantively unfair, and awards compensatory damages and interest.
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Kenya Union of Commercial Food and Allied Workers v Kangunu Farmers Cooperative Union Limited (Cause E034 of 2022) [2023] KEELRC 2650 (KLR) (27 October 2023) (Judgment)
✦ The court held that the claimant is entitled to a wage increment of 6.5% per year for the 2016-2018 cycle and 6.25% per year for the 2018-2020 cycle, totaling 13% and 12.5% respectively.
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Muragu v Unaitas Sacco Limited (Cause 230 of 2020) [2023] KEELRC 2680 (KLR) (27 October 2023) (Judgment)
✦ The Court finds that the Claimant's suspension did not amount to constructive dismissal and denies the reliefs sought.
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Kenya Union of Water and Sewerage Employees v Registrar of Trade Unions; Olwalo (Interested Party) (Judicial Review E008 of 2023) [2023] KEELRC 2618 (KLR) (27 October 2023) (Ruling)
✦ The preliminary objection is dismissed, and the application shall proceed for hearing and determination on merits.
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Ogweno v Karanja & another (Cause 1136 of 2018) [2023] KEELRC 2683 (KLR) (27 October 2023) (Judgment)
✦ The Claimant's employment was unfair and unlawful.
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Makunjo v Technical University of Kenya (Cause E396 of 2021) [2023] KEELRC 2685 (KLR) (27 October 2023) (Judgment)
✦ The Court finds that there is no conclusive evidence that the Claimant undertook the transaction with respect to receipt no REC179524, casting doubt on the Respondent's version of events.
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Kenya Aviation Workers Union v Kenya Airports Authority (Petition E088 of 2021) [2023] KEELRC 2655 (KLR) (27 October 2023) (Ruling)
✦ The application is found without merit and is hereby dismissed with costs.