Kenyan case law
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Namai v National Bank of Kenya Limited (Petition E039 of 2023) [2024] KEELRC 2528 (KLR) (18 October 2024) (Ruling)
✦ The decision of the Taxing Officer is set aside, and the costs are to be re-taxed considering the submissions and applicable law.
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Odie v Jims Fresh Vegetables Growers and Exporters Limited (Employment and Labour Relations Appeal E221 of 2022) [2024] KEELRC 2544 (KLR) (18 October 2024) (Judgment)
✦ The Court found that the Respondent had a valid reason to terminate the employment of the Appellant due to a theft incident at the farm, and the Appellant was suspended pending further disciplinary action.
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Omollo v Naivasha Self-Service Stores Limited & another (Petition E009 of 2024) [2024] KEELRC 2527 (KLR) (18 October 2024) (Judgment)
✦ The Court dismisses the petition with no orders on costs.
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Republic v Public Service Commission & 24 others; Kirinyaga County Public Service Board (Exparte Applicant) (Judicial Review E002 of 2023) [2024] KEELRC 2524 (KLR) (18 October 2024) (Judgment)
✦ The court dismissed the application, finding that the court lacks jurisdiction and that the application is res judicata.
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Njuguna v Utumoja Technologies Limited (Cause E443 of 2024) [2024] KEELRC 2557 (KLR) (18 October 2024) (Ruling)
✦ The Court finds the Application merited and directs the Respondent to deposit an amount equal to the sum sought in the Memorandum of Claim pending hearing.
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Muky’s Importers Limited v Gwende (Employment and Labour Relations Appeal E019 of 2022) [2024] KEELRC 2520 (KLR) (18 October 2024) (Judgment)
✦ The two judgments are set aside, and a retrial is ordered in the same court with a different magistrate
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Mwasame v Indus Energy Limited (Employment and Labour Relations Cause 1572 of 2017) [2024] KEELRC 2615 (KLR) (18 October 2024) (Judgment)
✦ The Court finds that the dismissal was procedurally and substantively unfair.
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Wafula v Public Service Commission & 7 others; Ethics & Anti-Corruption Commission & another (Interested Parties) (Petition 19 of 2024) [2024] KEELRC 2522 (KLR) (18 October 2024) (Judgment)
✦ Petition dismissed with no orders on costs
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Ragira v Ombi Rubber Rollers Limited (Employment and Labour Relations Cause 1535 of 2016) [2024] KEELRC 2533 (KLR) (18 October 2024) (Judgment)
✦ The Court held that the Claimant's employment was terminated on account of redundancy.
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Easy Coach Limited v Olwenyi (Appeal E093 of 2022) [2024] KEELRC 2554 (KLR) (18 October 2024) (Judgment)
✦ The Court found that the Respondent's retirement was not unfair and unlawful, and the trial court erred in finding otherwise.
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Masika v Ngao Credit Limited (Appeal E209 of 2022) [2024] KEELRC 2543 (KLR) (18 October 2024) (Judgment)
✦ The Court found the termination unfair and unlawful due to the Respondent's failure to prove substantive justification for the redundancy.
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Opele v Biometric Technology (Cause E350 of 2020) [2024] KEELRC 2552 (KLR) (18 October 2024) (Ruling)
✦ The suit should not be dismissed for want of prosecution
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Wekesa v Sakam Enterprises Limited (Employment and Labour Relations Cause E027 of 2022) [2024] KEELRC 2532 (KLR) (17 October 2024) (Ruling)
✦ The Court finds no merit in the application and dismisses it with costs.
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Wakoli v Geothermal Development Company (Employment and Labour Relations Cause E001 of 2023) [2024] KEELRC 2507 (KLR) (17 October 2024) (Judgment)
✦ The court found the termination to be unlawful, unfair, and unprocedural.
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Dyhr v Carepay Limited (Employment and Labour Relations Cause E509 of 2020) [2024] KEELRC 2542 (KLR) (17 October 2024) (Judgment)
✦ The court finds that the claimant was not constructively dismissed and did not establish a violation of her right to be free from discrimination at the workplace.
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African Institute for Peace & Human Rights & another v Attorney General & another (Employment and Labour Relations Petition E084 of 2024) [2024] KEELRC 2541 (KLR) (17 October 2024) (Ruling)
✦ The petition and application are dismissed with costs to the respondents.
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Munene v Xrx Technologies Ltd (Cause E256 of 2024) [2024] KEELRC 2501 (KLR) (17 October 2024) (Ruling)
✦ The Claimant's application for summary judgment is declined with costs in the cause.
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Gesare v Attorney General (Cause 1323 of 2016) [2024] KEELRC 2514 (KLR) (17 October 2024) (Judgment)
✦ The Court found the dismissal lawful and fair, and denied the Claimant's request for remedies.
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Mike & 7 others v Salaries and Remuneration Commission & 41 others; Kenya Medical Practitioners, Pharmacists and Dentists' Union & 77 others (Interested Parties) (Petition E003, E005, E042 (NRB) & E051 of 2024 & Cause E244 (NRB) of 2024 (Consolidated)) [2024] KEELRC 2506 (KLR) (17 October 2024) (Judgment)
✦ The SRC's advice was an advisory to the Ministry of Health and did not violate the provisions cited by the petitioners.
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Rono v Amritlal S Shah Wholesalers Limited (Employment and Labour Relations Appeal E027 of 2023) [2024] KEELRC 2508 (KLR) (17 October 2024) (Ruling)
✦ Leave to file a cross-appeal out of time is granted.
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Kiwo & 341 others v Teachers Service Commission (Cause 244 of 2017) [2024] KEELRC 2530 (KLR) (17 October 2024) (Ruling)
✦ Annexures DMK-1 and DMK-2 are expunged from the record
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Kimatu v East Meat Supplies Limited (Miscellaneous Application E004 of 2024) [2024] KEELRC 2531 (KLR) (17 October 2024) (Ruling)
✦ The court finds that the matter fell within the jurisdiction of the courts in Kajiado County, and the Applicant has not demonstrated good reasons to warrant transfer.
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Ndolo v Catholic University of Eastern Africa (Cause 829 of 2019) [2024] KEELRC 2500 (KLR) (17 October 2024) (Judgment)
✦ The termination was unlawful and unfair, and the Claimant is awarded twelve (12) months' salary in compensation.
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Chelule v Kenya Power and Lighting Co Ltd (Cause 44 of 2020) [2024] KEELRC 2505 (KLR) (17 October 2024) (Judgment)
✦ The Respondent had valid grounds to terminate the Claimant's employment due to gross misconduct, and the dismissal was substantially justified.
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Teachers Service Commission v Ndung’u (Civil Appeal E191 of 2022) [2024] KEELRC 2499 (KLR) (17 October 2024) (Judgment)
✦ The Appellant’s appeal is dismissed, and the Respondent’s cross appeal is allowed. The Appellant is ordered to re-engage the Respondent as a teacher and restore him to the register of teachers. The Appellant is also ordered to pay the costs of the appeal and of the proceedings in the court below.