Kenyan case law
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Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and Allied Workers v Board of Management, Chugu Boys Secondary School [2015] KEELRC 1020 (KLR)
✦ The grievant's dismissal was not unfair and the procedural error was excusable.
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Kenya Electrical Trades & Allied Workers Union v Kenya Power & Lighting Company Ltd [2015] KEELRC 924 (KLR)
✦ The application seeking leave is untenable in law and stands to be dismissed. The Court orders that it be dismissed with no order as to costs.
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Banking, Insurance & Finance Union (K) v Cosmopolitan Saccho Society Ltd [2015] KEELRC 928 (KLR)
✦ The Court directs the Commissioner of Labour to investigate the mass resignations from the Union and report back to the parties and the Court within 45 days.
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Kenya Shoe and Leather Workers Union v Fast-Track Management Consultant Ltd [2015] KEELRC 1004 (KLR)
✦ The claimants were unfairly dismissed and awarded compensation and leave pay.
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Cosmas Mwendwa Maithya v Enashipai Resort & Spa & another [2015] KEELRC 926 (KLR)
✦ The dismissal was procedurally unfair and the Court awards the Claimant compensation equivalent to 3 months gross wages, service charge for July 2013, and double shift pay.
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Kenya Airways Limited v Kenya Airline Pilots Association [2015] KEELRC 1033 (KLR)
✦ The court finds that the omission to state that the orders were to be granted pending hearing of the claim was a genuine mistake and does not render the application incurably defective.
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Richard O Moseti & another v Radar Security Company Limited [2015] KEELRC 1046 (KLR)
✦ The Court finds the termination to be unfair and awards compensation and other benefits as outlined
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Michael Njai v Juan Torres & another [2015] KEELRC 1054 (KLR)
✦ Proceedings shall be stayed pending the Respondents' intended appeal
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Pithon Mwangi Njoroge v Co-Operative Bank of Kenya [2015] KEELRC 1055 (KLR)
✦ The Court found the termination to be lawful and dismissed the claim.
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Kenya Plantation and Agricultural Workers Union v Kenya Tea Growers Association [2015] KEELRC 1064 (KLR)
✦ Suit should not be struck out, but union officials should be sanctioned for filing a replica suit.
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Anthony Ndung’u Gakuo v Baker Hughes Eho Limited (Kenya Branch) [2015] KEELRC 1042 (KLR)
✦ The application is allowed, and the Respondent is ordered to deposit Kshs. 1 million as security pending the hearing and determination of the case.
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Cecilia Muthoni Njoroge v Nairobi Stock Exchange [2015] KEELRC 1028 (KLR)
✦ The Court substitutes the award of one month salary in lieu of notice with an award of three months' salary in lieu of notice in the sum of Kshs.877,781.61.
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Peter Odhiambo Oriwo v Labchem Limited [2015] KEELRC 1017 (KLR)
✦ The court found the termination to be unlawful and ordered compensation and payment of leave pay.
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Raphael Muchunu Mwangi v Dhl Excel Supply Chain (K) Ltd [2015] KEELRC 1049 (KLR)
✦ Termination was unfair and null and void due to lack of adherence to Employment Act, 2007, and failure to follow proper redundancy process.
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Peter Mbugua Kanoi & 5 others v Coffee Board of Kenya & another [2015] KEELRC 1037 (KLR)
✦ The ex parte order dated 17th November 2014 is set aside to the extent that the auctioneer fees will not be taxed but shall be paid as already agreed upon by the parties. The application dated 24/10/2014 is overridden by the ruling herein and the attached property should be released to the judgment debtor upon payment of the auctioneer charges.
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Kenya Union of Commercial Food and Allied Workers v Nairobi Bottlers Limited [2015] KEELRC 1058 (KLR)
✦ The court found that the Respondent did not implement the terms of Clause 8(b) of the CBA, leading to a violation.
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Enoch Sasia & another v Attorney General & 2 others [2015] KEELRC 1607 (KLR)
✦ The application is dismissed without merit
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Kudheiha Workers Union v Aga Khan University Hospital [2015] KEELRC 1027 (KLR)
✦ The court held that the refusal by the Respondent to deduct and remit union dues is not justified and ordered the Respondent to comply with the Labour Relations Act.
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Jane Wangui Gichuki v Rift Valley Railways (K) Limited [2015] KEELRC 1019 (KLR)
✦ The dismissal was not justified as there were no valid reasons and due process was not followed.
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Dickson Otieno v University Of Nairobi [2015] KEELRC 1047 (KLR)
✦ The Court found the termination to be unfair and unlawful.
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Banking, Insurance & Finance Union (Kenya) v Commercial Bank of Africa Ltd [2015] KEELRC 1067 (KLR)
✦ There was no unfair redundancy in this case, and the only underpayment is confirmed at Kshs.126,000.00 from 1999 to 2013.
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Amon O Chuchu & 39 others v Retirement Benefits Authority & 2 others [2015] KEELRC 1060 (KLR)
✦ The appeal is struck out as an abuse of the court process and the appellants have already filed a judicial review (JR) No. 78 of 2014.
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Kenya Hotels and Allied Workers Union v Daben Limited (Dolce the Club) [2015] KEELRC 1006 (KLR)
✦ The termination is deemed unfair and the claimant is awarded compensation including one month's pay in lieu of notice, house allowance, accrued leave, and 6 months' salary as compensation for unfair dismissal.
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Kenya Union of Domestic Hotels Educational Institutions, Hospitals and Allied Workers v Pastoral Industries [2015] KEELRC 1083 (KLR)
✦ The court finds that the claimant is entitled to the terminal dues as prayed for and enters judgment for the claimant.
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Edward Waithaka Mwangi v Tulaga Farmers Co-operative Society Ltd [2015] KEELRC 1093 (KLR)
✦ The Claimant was dismissed unfairly and awarded compensation.