Kenyan case law
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Moses Karagu Wambugu v Hit Transporters Limited [2019] KEELRC 1141 (KLR)
✦ The Court found the termination to be unlawful and ordered the Respondent to pay the Claimant compensation for injuries and unpaid leave.
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Kenya Private Universities Workers Union v Great Lakes University of Kisumu [2019] KEELRC 1075 (KLR)
✦ The union has satisfied the requirement for recognition under Section 54 (1) of Labour Relations Act.
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Patrick Otwani Ataro v Cabinet Secretary, Ministry of Water and Sanitation & another [2019] KEELRC 1151 (KLR)
✦ The motion fails, and is dismissed with no order as to costs.
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Daniel Odhiambo Owino v Brinks Security Services Ltd [2019] KEELRC 1178 (KLR)
✦ The summary dismissal of the Claimant was fair, and no remedies are available.
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Enock Justuseen Okunyanyi v National Bank of Kenya [2019] KEELRC 1199 (KLR)
✦ Claimant is awarded 12 months compensation and leave pay, totaling Kshs.2, 517,510.30.
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Kenya Union of Commercial Food & Allied Workers (KUCFAW) v Gakuyu Farmers Co-operative Society Limited [2019] KEELRC 1206 (KLR)
✦ The court dismissed the review motion as there was no basis for it, as the CBA was not applicable due to the Grievants no longer being employees of the Respondent.
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Abdi Maulid Aden v Elegant Occasions Limited [2019] KEELRC 1165 (KLR)
✦ The Court finds that the employment was wrongfully terminated and awards compensation, house allowance, and salary for January 2015.
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Judith Shikanda v Jamii Bora Bank Ltd [2019] KEELRC 1215 (KLR)
✦ Summary dismissal was unfair, and the Claimant is entitled to compensation and notice pay.
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Mako Mogire Kerita v Salama Support Services [2019] KEELRC 1203 (KLR)
✦ The Court finds the summary dismissal of the Claimant unfair and awards him 1 month pay in lieu of notice and 2 months compensation.
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Adam Isilu Mutinda v Attorney General [2019] KEELRC 1154 (KLR)
✦ The court finds the suit competent and holds that the Claimant's rights and fundamental freedoms were violated.
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Joel Nduruhu Kinuthia v Barefoot Power Africa Limited [2019] KEELRC 1152 (KLR)
✦ The Court ordered the directors of the respondent to show cause on a date convenient to the parties why they should not furnish security in the sum of Kshs. 1,689,930.80. An order of attachment was issued attaching the respondent's accounts at CFC Stanbic Bank Limited.
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Police Constable Henry Nyakoe Obuba v National Police Service Commission & 3 others [2019] KEELRC 1184 (KLR)
✦ The court found that the review was sought after a proposed appeal was filed in the Court of Appeal, and thus did not meet the threshold for grant of review of judgment.
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Martin Waweru Nguru v Attorney General [2019] KEELRC 1118 (KLR)
✦ The plaintiff's termination was not in violation of the Service Commissions Act, was not unreasonable, and did not breach the Rules of Natural Justice. The plaintiff is not entitled to damages.
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Julius O. Ogutu v Dayalal Bhanji & Sons Limited [2019] KEELRC 1128 (KLR)
✦ The Court orders the Respondent to pay the Claimant 1 month salary in lieu of notice at Kshs. 5,280 and 6 months’ salary at Kshs. 31,680, totaling Kshs. 36,960.
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Anthony Aseka v Haggai Multi Cargo Handling Services [2019] KEELRC 1055 (KLR)
✦ The termination was unfair both procedurally and substantively, and the claimant is entitled to compensation for unfair termination and other damages.
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Teachers Service Commission v Kenya National Union of Teachers (KNUT);Ministry of Labour & Social Protection (Interested Party) [2019] KEELRC 1230 (KLR)
✦ The court quashed the KNUT's notice of withdrawal of labour, declared the planned strike illegal, and ordered the parties to resume bi-partite negotiations.
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Joel Iseme Wasike v Defence Forces Canteen Organisation [2019] KEELRC 1182 (KLR)
✦ The Court finds the dismissal unfair and awards the Claimant pay in lieu of notice and compensation.
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Naftary Karume Gicheru (Deceased) & another v Board of Management Gatondo Girls Secondary School [2019] KEELRC 1207 (KLR)
✦ The widow of the deceased claimant can be substituted in place of the deceased claimant and her motion is granted with costs being costs in the cause.
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Abdulkarim Ali Mohamed v Coast Mail Company [2019] KEELRC 1117 (KLR)
✦ The court finds that the termination of the Claimant's employment was unfair and unlawful.
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Kenya Aviation Workers Union v Kenya Airports Authority & another [2019] KEELRC 1110 (KLR)
✦ The Petitioner has the locus standi to represent the Respondent's employees and its members. The Respondent's termination of the recognition agreement was unlawful and unreasonable.
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Rift Valley Railways Workers Union (K) v Trustees, Kenya Railways Staff Retirement Benefit Scheme & 2 others; Retirement Benefits Authority & 3 others [2019] KEELRC 1126 (KLR)
✦ The application is res judicata and is struck out.
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Mary Achieng Ouma & another v Salihiya Company Limited [2019] KEELRC 1179 (KLR)
✦ The application is granted, and the respondent is ordered to file the record of appeal by September 1, 2019. If the respondent fails to file the record of appeal, the prayers of the application will stand granted.
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Alexander Nyoike v Thika Coffee Mills Limited [2019] KEELRC 1208 (KLR)
✦ The Court finds the termination of employment to be fair but the Respondent was in breach of contract/statute.
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David Ogutu Anasi v Inderpal Singh [2019] KEELRC 1167 (KLR)
✦ The Court finds that the Claimant has not proved he was unfairly terminated and dismisses the claim for one month salary in lieu of notice and compensation for unfair termination.
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Charles Gatheca v Atlas Copco Cmt & Ct Management Limited & 2 others [2019] KEELRC 1060 (KLR)
✦ The court finds that the application is not time barred and does not stand on any of the grounds for setting aside the arbitral award under section 35 (2) (a) of the Arbitration Act.