Kenyan case law
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Daphne Rita D’souza v Thamani Concierge Ltd [2021] KEELRC 941 (KLR)
✦ The Claimant was not terminated by the Respondent, but her actions were treated as desertion of duty. The Claimant is awarded Ksh. 40,000/= in lieu of salary, Ksh. 23,225/= as salary for the days worked in March 2017, and Ksh. 120,000/= for wrongful termination.
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Owade v Chandaria Industries Limited (Cause 1747 of 2017) [2021] KEELRC 4 (KLR) (13 September 2021) (Judgment)
✦ The resignation was valid, unpaid leave is assessed at Ksh 48,000, and costs are granted to the claimant.
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Mary Wahu Kamau v National Bank of Kenya [2021] KEELRC 912 (KLR)
✦ The Court finds the termination of the contract of service unfair and unlawful.
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Ali Mbwana Otembo v Crown Bus Services Ltd [2021] KEELRC 919 (KLR)
✦ The termination is declared unlawful and the Claimant is awarded compensation and costs.
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Were v Kenafric Industries Ltd (Cause 1822 of 2016) [2021] KEELRC 918 (KLR) (13 September 2021) (Judgment)
✦ The termination was declared unfair and unlawful. The Claimant is awarded Ksh. 213,389/= in damages. The Respondent is ordered to issue the Claimant with a Certificate of Service and pay interest on the award.
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Kenya Export, Floriculture, Horticulture And Allied Workers v Kenya Plantation & Agricultural Workers Union & 2 others; Cabinet Secretary for Labour And Social Protection & another (Interested Parties) [2021] KEELRC 1028 (KLR)
✦ The Court finds that the 1st Respondent has encroached on the Claimant’s area of representation and should be ushered out of the floriculture and horticulture industry.
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Eric Gichuru Thiga v Unga Limited [2021] KEELRC 873 (KLR)
✦ The Court found the dismissal to be procedurally fair but substantively wrongful.
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Muthiga v Diamond Trust Bank Ltd (Cause 423 of 2017) [2021] KEELRC 1030 (KLR) (10 September 2021) (Judgment)
✦ The termination was unfair and the claim is dismissed
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Fredrick Mwania Musava v Alpharama Ltd [2021] KEELRC 1040 (KLR)
✦ The court found that the termination was unlawful and unfair, and ordered severance pay and other compensations.
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Linda Nzemba Mcgaw v Crown Motors Group Ltd [2021] KEELRC 1033 (KLR)
✦ The court finds that the Claimant's contract of service was lawfully terminated on the ground of redundancy and that the Claimant is not entitled to further compensation.
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Mildred Amagove v Ultimate Manpower & General Supplies Ltd [2021] KEELRC 1039 (KLR)
✦ The court awards the Claimant compensation for discrimination and unlawful termination, service pay, pay in lieu of notice, and withheld salary for maternity leave.
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Kenya Union of Entertainment and Music Industry Employees & Bomas of Kenya Limited [2021] KEELRC 1037 (KLR)
✦ The court rejected the Claimant's application and ordered costs to the Respondent.
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Kenya Union of Domestic, Hotels Educational Institutions & Hospital Workers Union [Kudheiha] v Resort Kenya Limited [2021] KEELRC 1042 (KLR)
✦ The Court ordered the Respondent to pay 50% of salaries to all staff as from May 2020, and to pay redundancy terminal benefits to all staff according to the Collective Bargaining Agreement.
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Philip Omukule v Trapoz Contractors Ltd [2021] KEELRC 1029 (KLR)
✦ The court dismisses the Claimant's claim with costs to the Respondent, finding that the relationship between the parties was an independent contract.
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Charles Ochieng Owino v Maisha Packaging Company Ltd & another [2021] KEELRC 1025 (KLR)
✦ The court held that the termination was lawful and in accordance with the law relating to redundancy in Kenya.
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Nancy Wanja Kinuthia v Nyala Estate Ltd [2021] KEELRC 1034 (KLR)
✦ The court finds that the Claimant's termination was unfair and unlawful.
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Josphat Mutua Ngovi v Protective Custody Limited [2021] KEELRC 1036 (KLR)
✦ The Court orders the Respondent to pay the Claimant underpayment of salary, service pay, annual leave, and house allowance.
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Johnson Otsieno Ogola v Hatari Security Guards Ltd [2021] KEELRC 1038 (KLR)
✦ Application dismissed with costs
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Joseph Atiel Musumba v Lathyflora Kenya Limited [2021] KEELRC 1031 (KLR)
✦ The termination was declared unfair and the claimant is entitled to notice pay and compensation.
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Zainab Bintifundi Kiwasi [Suing in her capacity as the Personal Representative of Harry Kitao Stephens] v TPS Eastern Africa Limited [2021] KEELRC 1027 (KLR)
✦ The claimant's claim is upheld, and the respondent is ordered to pay terminal benefits, 4 months' salary as notice, and gratuity.
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Kudheiha Workers v Nioroge (Cause 708 of 2016) [2021] KEELRC 2429 (KLR) (10 September 2021) (Judgment)
✦ The court dismissed the claim with costs, finding that CW1 did not provide evidence of employment to the accepted standard of a balance of probabilities.
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Agatha Wambura Kibai v AAA Growers Ltd [2021] KEELRC 1026 (KLR)
✦ The court finds the termination unlawful and awards compensation equivalent to 5 months of the Claimant's salary, Ksh. 595,000/=. The Claimant is also awarded interest on the award and costs of the suit.
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Johnson Otsieno Ogola v Hatari Security Guards Ltd [2021] KEELRC 1035 (KLR)
✦ The court finds that the Claimant was indeed employed by the Respondent as a guard and that there were substantive grounds to terminate his contract of service.
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Kenya Engineering Workers Union v Metal Equipment Limited [2021] KEELRC 852 (KLR)
✦ The Claimant has not made out a case for the orders sought and the application is hereby disallowed.
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Meshack Mokua Samson v Asille Trading (E.A.) Limited [2021] KEELRC 907 (KLR)
✦ The Court finds that the termination of the Claimant's employment was unfair, unlawful, and unprocedural.