Kenyan case law
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Cyrus Ng’anga Njuguna v Kahoya & Kahoya Limited [2016] KEELRC 1022 (KLR)
✦ The court finds that the Claimant voluntarily deserted work without notice and is not entitled to dismissal compensation.
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National Union of Water & Sewerage Employees v Registrar of Trade Unions & 17 others [2016] KEELRC 1843 (KLR)
✦ The court dismisses the application as resjudicata, noting that the application was brought one year after the consent order was entered and upheld as frivolous and vexatious.
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Mwendwa Sanare v Thames Electrical Limited [2016] KEELRC 1020 (KLR)
✦ The claimant was awarded kshs. 235434 plus costs and interest.
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Robert Kinyua Kanampiu v Kionyo Tea Factory Co Limited [2016] KEELRC 1115 (KLR)
✦ The court finds the termination unfair and orders the respondent to pay the claimant a declaration, Kshs. 172,108.00, and Kshs. 40,000.00 in costs.
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Kenya Union of Domestic Hotels Educational Institutions, Hospitals and Allied Workers (KUDHEIHA) v Thika Sports Club [2016] KEELRC 1097 (KLR)
✦ The Court finds that the Respondent owes the Claimant Kshs. 168,468 in unpaid terminal benefits and orders the Respondent to pay this amount.
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Morris Mwenda Matiri v Mobicom (K) Limited [2016] KEELRC 1112 (KLR)
✦ The court finds in favor of the claimant, declaring the dismissal unlawful, unfair, and inhuman, and orders the respondent to pay the claimant Kshs. 327,375 by August 1, 2016, with interest at court rates.
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Ronald Mukoya Namai v Kenya Commercial Bank Limited [2016] KEELRC 1094 (KLR)
✦ The Court declines to extend the time for filing the claim as the claimant has not shown a valid reason for approaching the court at this late stage.
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Kenya County Government Workers Union v Nairobi City Water & Sewerage Co. Ltd [2016] KEELRC 885 (KLR)
✦ The application is devoid of merit and is dismissed with costs to the Respondent.
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Ruambuzi Company Limited v Anthony Mwaniki Nzioki [2016] KEELRC 1098 (KLR)
✦ The appeal is dismissed with costs to the Respondents
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Jacinta Kimuyu & 3 others v University Academic Staff Union (AUSU) & another [2016] KEELRC 907 (KLR)
✦ The Court dismissed the application and ordered the Claimants/Applicants to participate in the scheduled elections.
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Philip Kipkoech Komen v Labour Office Nandi County & another [2016] KEELRC 1096 (KLR)
✦ The court dismisses the claimant's claim as an abuse of process of court, vexatious, and out of place.
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Kenya Union of Employees of Polytechnics, Colleges and Allied Institutions (KUEPCAI) v Board of Management Ilmotiook Secondary school [2016] KEELRC 1114 (KLR)
✦ Order a stay of execution of the judgment of court, set for fresh inter parties hearing, award leave to file a defence and witness statements
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Ondis v Muhoroni Constituency Development Fund (Cause 202 of 2014) [2016] KEELRC 1870 (KLR) (6 June 2016) (Ruling)
✦ The court has jurisdiction and the claim is not statute barred.
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Catherine Wambui Karuno v Trocaire [2016] KEELRC 965 (KLR)
✦ Claimant is entitled to 1 month's salary in lieu of notice, 12 months salary as damages for unlawful redundancy, and costs and interest.
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Pauline Muthoni Mwai v Kenya Methodist University (Cause 138 of 2015) [2016] KEELRC 1129 (KLR) (3 June 2016) (Judgment)
✦ The claimant is entitled to 12 months' wages plus one further month pay in lieu of the termination notice, and Kshs.324, 048.70 for other remedies.
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Esther Wangechi Ngeru v Privatization Commission [2016] KEELRC 1053 (KLR)
✦ The Court finds that the termination of the claimant's services was in breach of her contract of employment and unfair in terms of section 45 of the Employment Act.
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Mary Kaungania Nkari & another v Kenya Methodist University [2016] KEELRC 1118 (KLR)
✦ The court finds that the secondment was not amenable to withdrawal before the lapse of the 3 years and the claimants are entitled to the prayers made in their statements of claim.
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J M D v Nacico Sacco Society Limited [2016] KEELRC 1034 (KLR)
✦ Termination of employment was unfair and unlawful
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Martin Adongo Sangany v Villa Care Management Limited (Cause 1765 of 2014) [2016] KEELRC 1862 (KLR) (3 June 2016) (Judgment)
✦ The claimant was constructively dismissed due to the false allegations of extortion and was not given proper notice or a hearing. The respondent is ordered to pay the claimant his terminal dues.
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Vitalis Oliewo K’omudho v AAR Health Services Ltd [2016] KEELRC 526 (KLR)
✦ Claimant's resignation was not constructive dismissal and was not unlawful or unfair.
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Leonard Makokha Kwena v Panocal International Ltd [2016] KEELRC 1106 (KLR)
✦ The court found that the termination was lawful and that the claimant is not entitled to the relief sought.
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Lawrence Rono v Kaisugu Limted [2016] KEELRC 1109 (KLR)
✦ The termination was found to be unlawful and unfair.
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Alexander Irungu Wanjiru v Registered Trustees of Sisters of Mercy [2016] KEELRC 1047 (KLR)
✦ The application for interim injunction was dismissed.
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George Mutulili Muia v Unilever East & Southern Africa [2016] KEELRC 1064 (KLR)
✦ The court dismissed the application to strike out the claim as the dismissal was by Unilever Kenya, and the court has jurisdiction. The claim is statute barred.
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Irene Chepngetich Metet v County Government of Kericho [2016] KEELRC 1108 (KLR)
✦ The termination was found to be unlawful, and the claimant is entitled to the relief sought.