Kenyan case law
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Kinyua v Focus Publishers Ltd (Cause 623 of 2016) [2022] KEELRC 12885 (KLR) (6 October 2022) (Judgment)
✦ The termination was unfair and in violation of the Employment Act.
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Ouma & another v Migori County Assembly Service Board & 6 others (Petition E032 of 2022) [2022] KEELRC 12818 (KLR) (6 October 2022) (Ruling)
✦ The court grants the petitioners' application and suspends the operations and/or effects of the respondents' letters dated July 4, 2022, purporting to summarily dismiss the 1st applicant/petitioner pending hearing.
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Mwacho v Sunflag Textile & Knit Wear Mills Limited (Cause 1890 of 2015) [2022] KEELRC 14663 (KLR) (6 October 2022) (Ruling)
✦ The claimant's terminal dues of Ksh 23,000 shall be paid less what he owes the respondent in costs whichever is higher.
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Swaleh & 6 others v Compact Freight Systems Limited (Employment and Labour Relations Appeal E065 of 2021) [2022] KEELRC 12822 (KLR) (6 October 2022) (Judgment)
✦ The appeal is incompetent and bad in law, and is hereby struck off with no order as to costs.
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Lagat v Great Lakes Port Limited (T/A APM Terminals Mombasa) (Employment and Labour Relations Cause 20 of 2019) [2022] KEELRC 12808 (KLR) (6 October 2022) (Judgment)
✦ Termination of the Claimant's employment was procedurally and substantively unfair.
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Kenya Union of Commercial Food and Allied Workers v Premier Flour Mills Limited (Cause 271 of 2019) [2022] KEELRC 12899 (KLR) (6 October 2022) (Ruling)
✦ Application dismissed as Respondent has not met the threshold for setting aside the judgment.
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Otieno v Mumias Sugar Company Ltd (Under Receivership) (Cause 90 of 2021) [2022] KEELRC 12866 (KLR) (6 October 2022) (Ruling)
✦ The court dismissed the application.
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Kenya Long Distance Truck Drivers and Allied Workers Union v Primefuels (Kenya]) Ltd (Cause E022 of 2022) [2022] KEELRC 12823 (KLR) (6 October 2022) (Ruling)
✦ The respondent's preliminary objection is dismissed with costs.
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Angira v British High Commission (Cause E253 of 2021) [2022] KEELRC 12768 (KLR) (6 October 2022) (Ruling)
✦ The claimant's objection is overruled with costs in the cause.
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Kerongo & another v Kisii County Public Service Board & another (Employment and Labour Relations Petition E014 of 2022) [2022] KEELRC 12873 (KLR) (6 October 2022) (Ruling)
✦ The Petitioners' application is dismissed.
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Kwamboka Nyakundi v Trustees of Premier Academy Charitable Trust (Cause 2163 of 2017) [2022] KEELRC 12806 (KLR) (6 October 2022) (Judgment)
✦ The court found that the claimant was engaged on a fixed-term contract from March 6, 2016 to July 31, 2017, and the respondent was not bound to give notice of its lapsing or reasons for non-renewal.
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Abdulkader & Brothers v Kazungu (Appeal E008 of 2022) [2022] KEELRC 12878 (KLR) (6 October 2022) (Ruling)
✦ The Notice of Motion application is dismissed with costs, and the interim stay of execution is vacated.
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Oloo v Straight Security Services Limited (Cause 1800 of 2017) [2022] KEELRC 12775 (KLR) (6 October 2022) (Judgment)
✦ The court held that the claimant’s employment was terminated on September 5, 2015, and the termination was wrongful and unfair.
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Meya Agricultural Traders Limited v Cabinet Secretary Ministry of Labour Social Security and Services & another (Miscellaneous Application 001 of 2021) [2022] KEELRC 12786 (KLR) (6 October 2022) (Ruling)
✦ The application is dismissed with costs to the respondents.
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Maya Agricultural Traders Limited v Cabinet Secretary Ministry of Labour Social Security and Services & another (Miscellaneous Application 001 of 2021) [2022] KEELRC 12814 (KLR) (6 October 2022) (Ruling)
✦ The application is dismissed with costs to the respondents.
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H. Young & Company (EA) Limited v Ng’eno (Appeal 7 of 2020) [2022] KEELRC 14654 (KLR) (6 October 2022) (Judgment)
✦ The court held that the termination of employment was unfair and unlawful, and the trial court erred in applying section 45(3) of the Employment Act, 2007.
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Omondi v Ark Construction Limited (Cause 488 of 2022) [2022] KEELRC 12830 (KLR) (6 October 2022) (Ruling)
✦ The court grants the claimant's application to transfer the case to the subordinate court and gives 14 days for the claimant to file the application and 14 days for the respondent to reply.
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Bishop Abiero Moyo Sec. School v Okumu (Appeal 19 of 2021) [2022] KEELRC 12872 (KLR) (6 October 2022) (Ruling)
✦ The court finds the application to have merit and issues an order reviewing the order awarding costs of the appeal to the respondent and substituting it with an order that each party shall bear their own costs of the appeal.
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Ouma & another v Migori County Assembly Service Board & 6 others (Petition E032 of 2022) [2022] KEELRC 12751 (KLR) (6 October 2022) (Ruling)
✦ The application is dismissed as overtaken by events
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J.M. Makau & Company Advocates v Muthusi & 6 others (Miscellaneous Application 38 of 2019) [2022] KEELRC 12855 (KLR) (6 October 2022) (Ruling)
✦ The court granted the application and set aside the judgment and the notice to show cause, and ordered a stay of execution of the judgment.
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Elija Mokaya & 4 others v Kenya Railways Corporation & another; Rift Valley Railway Workers Union (Interested Party) (Petition 76 of 2017) [2022] KEELRC 12780 (KLR) (6 October 2022) (Ruling)
✦ The petition is marked as settled between the principal parties, and the interested party is granted liberty to present a fresh petition.
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Malombe v Cooper-K Brands Limited (Cause 2483 of 2017) [2022] KEELRC 12754 (KLR) (6 October 2022) (Judgment)
✦ The termination was found to be lawful and fair, and the claimant is not entitled to the remedies sought.
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Kamau v Tusker Mattresses Limited (Cause 1217 of 2017) [2022] KEELRC 12788 (KLR) (6 October 2022) (Judgment)
✦ The court found that the Respondent had a justifiable reason to terminate the Claimant's employment due to his alleged wilful neglect to perform his duties. The termination was procedurally fair.
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Asava v Grish Kumar T/A Tejdip Hardware Ltd (Employment and Labour Relations Claim 109 of 2018) [2022] KEELRC 12759 (KLR) (6 October 2022) (Judgment)
✦ Claimant was dismissed unfairly and unjustly without a fair disciplinary process.
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Odialo v County Government of Homabay (Appeal E051 of 2021) [2022] KEELRC 12766 (KLR) (6 October 2022) (Judgment)
✦ The Appellant was unlawfully and unfairly terminated, and he is entitled to 12 months' salary for unfair termination.