Kenyan case law
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Kenya Shipping, Clearing, Freight Logistics & Warehousing Workers Union v Vegpro Kenya Limited (Employment and Labour Relations Cause 1415 of 2018) [2022] KEELRC 12886 (KLR) (6 October 2022) (Ruling)
✦ The court dismissed the respondent's preliminary objection.
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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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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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Tome & another v Bungoma County Assembly Service Board (CASB) & 9 others; Ethics and Anti-Corruption Commission (Interested Party) (Petition E007 of 2021) [2022] KEELRC 12864 (KLR) (6 October 2022) (Ruling)
✦ The court found that the court has jurisdiction to hear the petition and that the petition is not premature.
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Akanga v Capital Markets Authority (Cause 1187 of 2014) [2022] KEELRC 12773 (KLR) (6 October 2022) (Judgment)
✦ The Court finds the dismissal unlawful and unfair, and awards the claimant compensation for three months' salary, unpaid salary, and accrued annual leave.
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Abdi v Governor, Kakamega County Government & 2 others (Petition E004 of 2022) [2022] KEELRC 12817 (KLR) (6 October 2022) (Ruling)
✦ The court finds the Governor and Board of Directors in contempt of court for inviting the petitioner to a disciplinary hearing before the court orders were enforced.
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Osanya v Java House Limited (Cause 1597 of 2016) [2022] KEELRC 12778 (KLR) (6 October 2022) (Judgment)
✦ The court finds that the respondent had a valid reason to terminate the employment of the claimant and followed a fair procedure. The suit is dismissed with costs.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Shivanga Secondary School (Employment and Labour Relations Claim 91 of 2021) [2022] KEELRC 12837 (KLR) (6 October 2022) (Judgment)
✦ The termination of the grievant's employment was unfair
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Kimani v Ethics and Anti-Corruption Commission (Employment and Labour Relations Petition E078 of 2022) [2022] KEELRC 12821 (KLR) (6 October 2022) (Judgment)
✦ The court finds the petition to be valid and continues to consider the merits of the case.
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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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Mwanyika v Kenya Wildlife Service (Cause E486 of 2021) [2022] KEELRC 14667 (KLR) (6 October 2022) (Ruling)
✦ The ex parte judgement is legitimate and the application is dismissed
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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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Achipeng’a v County Government of Homabay (Employment and Labour Relations Appeal E052 of 2021) [2022] KEELRC 12781 (KLR) (6 October 2022) (Judgment)
✦ The court held that the appellant was unlawfully and unfairly terminated and awarded him 12 months’ salary for unfair termination.
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Muchai v Phoenicia Hotel Nairobi (Cause 259 of 2018) [2022] KEELRC 12815 (KLR) (6 October 2022) (Judgment)
✦ Judgment in favor of the Claimant, with 3 months' equivalent of salary as general damages and costs awarded to the Claimant.
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Ndegwa v Kenya Railways Corporation (Cause E071 of 2022) [2022] KEELRC 12772 (KLR) (6 October 2022) (Ruling)
✦ The suit is struck out with respect to all claims and reliefs founded on the surcharge and demotion of the claimant by the respondent.
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Edward v Afro-American Food Company Limited (Cause 931 of 2018) [2022] KEELRC 12789 (KLR) (5 October 2022) (Judgment)
✦ The court found the termination of the claimant's employment to be procedurally and substantively valid.
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Kabira v Kenya Conference Of Catholic Bishops (Cause 1203 of 2017) [2022] KEELRC 12804 (KLR) (5 October 2022) (Judgment)
✦ The court found that the contract was subject to CDC directives and that termination was unfair.
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Kirika & another v Standard Chartered Bank Kenya Limited & another (Cause 338 of 2022) [2022] KEELRC 12791 (KLR) (5 October 2022) (Ruling)
✦ The court corrected the final order to reflect the correct amounts of damages awarded for malice, falsehoods, and malicious prosecution and invasion of liberty.
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Njoga v Board of Management Gendia High School (Cause 384 of 2018) [2022] KEELRC 12742 (KLR) (5 October 2022) (Judgment)
✦ The court finds that the claimant failed to prove an unfair termination of employment occurred and awards the respondent Kshs 28,314/- for overtime work.
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Kenya Engineering Workers Union v Rolmil Kenya Limited (Cause 41 of 2006) [2022] KEELRC 12805 (KLR) (5 October 2022) (Ruling)
✦ The court dismissed the application, stating that the respondent company is an inanimate person and cannot be summoned in court. The court also noted that the directors have not explained their inability to comply with the judgment.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers v Management of Ciala Resort Hotel (Cause E021 of 2022) [2022] KEELRC 14673 (KLR) (5 October 2022) (Ruling)
✦ The Court orders the Respondent to commence deduction of trade union subscriptions from its employees who have joined Kudheiha in terms of the Form S(s) and remit the said deductions to the bank account designated in Legal Notice No 195 of November 1, 2018 with the October 2022 wages. In default, the accrued trade union subscriptions will be met from the Respondent's own funds/resources.
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Mboya v Board of Management Gendia High School (Cause 385 of 2018) [2022] KEELRC 12741 (KLR) (5 October 2022) (Judgment)
✦ The Court finds that the Claimant failed to prove an unfair termination of employment occurred and awards the Respondent Kshs 42,574/- for overtime work.
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Kagumbas v Career Directions Ltd (Cause 732 of 2017) [2022] KEELRC 12879 (KLR) (5 October 2022) (Judgment)
✦ The court finds that the respondent had a valid and fair reason to terminate the claimant's employment and the procedure followed was procedurally fair.
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Macharia & 13 others v Gichana & another (Petition E057 of 2022) [2022] KEELRC 12809 (KLR) (5 October 2022) (Ruling)
✦ The petitioners' application is dismissed without merit.
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Kiganda v Kenya Utalii College (Environment and Land Miscellaneous Application E079 of 2022) [2022] KEELRC 12801 (KLR) (5 October 2022) (Ruling)
✦ The court finds that Kiganda has not shown how he obtained copies of letters from the Principal/CEO to the Public Service Commission or other senior officers, and there is no evidence of a disciplinary committee report. The court also finds that the disciplinary process has taken too long.