Kenyan case law
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Michael Wachira King’ara v Nairobi City County [2016] KEELRC 923 (KLR)
✦ The Court dismissed the preliminary objection
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Crescent Construction Limited v Zakaria Maina [2016] KEELRC 1116 (KLR)
✦ The court dismissed the appeal and found that the respondent was an employee of the appellant and was entitled to severance pay.
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Kenya Union of Commercial, Food and Allied Workers v ISTA Products (EPZ) Limited [2016] KEELRC 1842 (KLR)
✦ The dismissal of 58 employees is a new claim and not res judicata with the lockout of 122 employees
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Paul Odhiambo Ogunde v Maersk Kenya Limited [2016] KEELRC 1148 (KLR)
✦ The default judgment is set aside, and the Respondent is granted leave to file a response out of time.
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Reginald Njagi Nyaga v French Embassy-Nairobi [2016] KEELRC 1144 (KLR)
✦ The claimant's claim is dismissed as the termination was lawful and fair, and the claimant is not entitled to the claimed remedies.
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Kenya National Union of Nurses v Cabinet Secretary Ministry of Devolution and Planning & 2 others [2016] KEELRC 1111 (KLR)
✦ The application lacks merit and is dismissed with costs.
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Lilian Ndegwa & 4 others v Government of Nairobi City County & another [2016] KEELRC 1110 (KLR)
✦ The petitioners have not established a prima facie case with a probability of success at the interlocutory stage and the application is dismissed with costs.
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Annastacia Wangui Waweru v Mamba Group of Hotels [2016] KEELRC 899 (KLR)
✦ The judgment of the Hon. Nzioka wa Makau is set aside
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Joseph Matiti Maema & 3 others v Kabiro Builders Limited [2016] KEELRC 1858 (KLR)
✦ The court finds the Claimants were constructively dismissed and awards compensation, notice pay, and other benefits.
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Republic v Department of Labour & 3 others Exparte Philip Omondi [2016] KEELRC 1841 (KLR)
✦ The court dismissed the application for leave to apply for certiorari and prohibition.
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Esther Kerubo Manoti v Kenya Commercial Bank Limited [2016] KEELRC 1134 (KLR)
✦ The application is declined and the Claimant's case is saved for hearing on merit
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Moses Wanjima Mwangi v Vert Limited [2016] KEELRC 1143 (KLR)
✦ Claimant's dismissal was substantively and procedurally unfair, and the court awards six months' salary in compensation and one month's salary in lieu of notice.
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Peter Sanganyi Mariaria v Registrar of the High Court & another [2016] KEELRC 1107 (KLR)
✦ The claimant's retirement was correct and the reliefs sought are dismissed.
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Elly Odhiambo v Osteria Group (K) Ltd & another [2016] KEELRC 590 (KLR)
✦ The termination was procedurally and substantively unfair, and the Claimant is awarded 12 months' pay for unfair termination, 20 days salary worked in September 2011, and severance pay.
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Domitila Wanzila Muvanya v Insurance Regulatory Authority & 6 others [2016] KEELRC 1860 (KLR)
✦ The Court has jurisdiction over the matter and the petition is not misjoined. The Court dismisses the petition with costs.
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Reuwel Waithaka Gitahi & 2 others v Kenya Revenue Authority [2016] KEELRC 1856 (KLR)
✦ The Court found that the Respondent did not provide the Claimants with necessary documents for their disciplinary hearings, which compromised the fairness of the process and led to a miscarriage of justice.
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Ephraith Muthoni Mugo v B O M Kianamu Primary School [2016] KEELRC 1161 (KLR)
✦ The termination was unfair and the claimant is entitled to one month pay in lieu of the termination notice and 12 months' salaries for the unfair termination.
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Japhet Obira Omwange v Raisons Distributors Limited [2016] KEELRC 1132 (KLR)
✦ The termination of the claimant's service was unfair due to the lack of notice and fair hearing, and the claimant was paid all separation dues plus compensation for the unfair termination.
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Samuel Gitau Wanjumbi v Oriental Construction CompanyLimited [2016] KEELRC 1153 (KLR)
✦ The claimant is not entitled to compensation under the Work Injury Benefits Act and the claim and prayer for compensation as prayed for in this suit shall fail. The claimant is not entitled to one month pay in lieu of the termination notice as prayed for. The court orders that each party shall bear own costs.
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Kenya Union of Entertainment and Music Industry Employees v Sports Stadia Management Board [2016] KEELRC 1140 (KLR)
✦ The Court dismisses the claimant's dispute and directs that the issue of recognition be resolved first using the mechanisms provided for under the Labour Relations Act
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Kenya Union of Commercial Food & Allied Workers v Mombasa Water Supply & Sanitation Co Limited & another [2016] KEELRC 1128 (KLR)
✦ The court finds that the grievant did not misadvise any customer or the employer, did not participate in the illegal connection at Kiembeni estate, and did not solicit for any money from the customer.
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Eric Mwajua Malemba v Palm Oil Transporters Limited [2016] KEELRC 1145 (KLR)
✦ The Court finds the claimant was a turn man/general worker and awards him eight months salary as compensation for unfair termination of services.
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John Muriungi Mbogori v Del Monte Limited [2016] KEELRC 1156 (KLR)
✦ The court dismissed the claimant's memorandum of claim with costs due to the suit being time-barred.
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Margaret Wachuka Mwangi v Nyale Estate Limited [2016] KEELRC 1124 (KLR)
✦ The Court finds the termination of the Claimant's employment was unlawful and unfair. The Claimant is awarded six months' salary in compensation, one month's salary in lieu of notice, leave pay for 3 years and 4 months, and service pay for 3 completed years.
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Kenya Hotels and Allied Workers Union v All Africa Conference of Churches t/a Desmond Tutu Conference Centre [2016] KEELRC 1136 (KLR)
✦ The preliminary objection is overruled, and the main claim will proceed.