Kenyan case law
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Githinji & 131 others v Kenya Medical Research Institute & 6 others (Cause 1545 of 2018) [2023] KEELRC 2767 (KLR) (26 October 2023) (Judgment)
✦ The court found the Claimants' suit is not res judicata and the claims of the 37 identified Claimants should not be struck out. The Claimants have established a cause of action against the 4th, 5th, 6th, and 7th Respondents and have proved pay discrimination.
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Midega v Kenya Electricity Generating Company Limited (Petition E196 of 2021) [2023] KEELRC 2658 (KLR) (26 October 2023) (Ruling)
✦ Application dismissed with costs
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Isaac Onyango & Co. Advocates v Hakika Transport Services Limtied (Miscellaneous Application E029 of 2022) [2023] KEELRC 2617 (KLR) (26 October 2023) (Ruling)
✦ Chamber summons dated December 16, 2022 is pre-mature and incompetent; dismissed with costs
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Otieno v RHS Freight Services (K) Limited (Cause 490 of 2019) [2023] KEELRC 2635 (KLR) (26 October 2023) (Ruling)
✦ The emails were improperly obtained and are expunged from the record
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Livoi v Macnaughton Limited (Employment and Labour Relations Cause E410 of 2021) [2023] KEELRC 2630 (KLR) (26 October 2023) (Judgment)
✦ The contract of service between the parties was lawfully terminated due to the frustration of the contract.
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Onsomu & another v Nyaribo & 3 others; Ongaga & 9 others (Interested Parties) (Petition E040 of 2022) [2023] KEELRC 2599 (KLR) (26 October 2023) (Judgment)
✦ The court declines to terminate the proceedings on the basis that the petition is not overtaken by events.
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Boilers Technologies Engineering Ltd v Mutuku & 5 others (Civil Appeal E131 of 2022) [2023] KEELRC 2597 (KLR) (26 October 2023) (Judgment)
✦ The appeal is dismissed with costs to the respondents.
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Munyithya v Bandas & Grill Limited (Miscellaneous Application E124 of 2021) [2023] KEELRC 2652 (KLR) (26 October 2023) (Ruling)
✦ The application is dismissed with costs.
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Kenya Plantation & Agricultural Workers Union v Shalimar Flowers Limited (Cause 57 of 2021) [2023] KEELRC 2615 (KLR) (26 October 2023) (Ruling)
✦ The court finds no evidence of bias and upholds the earlier ruling.
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Kenindia Assurance Co Limited v Olendo t/a Olendo, Orare & Samba LLP (Miscellaneous Civil Application E016 of 2022) [2023] KEELRC 2638 (KLR) (26 October 2023) (Ruling)
✦ The Taxing Officer acted without authority in taxing a bill of costs when the retainer is disputed.
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Kenya Union of Road Contractors and Civil Engineering Workers v Debroso Construction Company Limited (Employment and Labour Relations Cause E510 of 2022) [2023] KEELRC 2646 (KLR) (26 October 2023) (Ruling)
✦ The Preliminary Objections are dismissed with costs.
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Mohmmed v African Banking Corporation (Cause 43 of 2020) [2023] KEELRC 2639 (KLR) (26 October 2023) (Ruling)
✦ The court reinstates the Claimant's suit and orders it to be prosecuted within six months, with costs of the application in the cause.
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Nyaga v Moi Teaching and Referral Hospital (Cause 157 of 2017) [2023] KEELRC 2605 (KLR) (26 October 2023) (Judgment)
✦ The termination was fair and procedurally correct
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Musembi v Paksa Construction Limited (Cause 817 of 2019) [2023] KEELRC 2625 (KLR) (26 October 2023) (Judgment)
✦ The Court finds that the Respondent breached the contract of employment by not paying the claimant for November and December 2019. The Court awards the claimant two months' arrear salary in the sum of Kshs.220,000 and one month's salary in lieu of termination notice in the sum of Kshs.110,000.
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Musinya v Gratom Babz Security Limited (Cause 477 of 2018) [2023] KEELRC 2643 (KLR) (26 October 2023) (Judgment)
✦ The court awards the claimant Kshs.41,000 in service pay, in lieu of leave days, refund of unremitted NSSF, and interest and costs.
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Safepak Limited v KTK Advocates (Miscellaneous Application 60 of 2019) [2023] KEELRC 2636 (KLR) (26 October 2023) (Ruling)
✦ The Taxing Master's decision is set aside, and the matter is remitted for re-taxation before another taxing master.
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Onyonyi v Population Services Kenya (Employment and Labour Relations Cause 662 of 2018) [2023] KEELRC 2607 (KLR) (26 October 2023) (Judgment)
✦ The Court found that the Claimant's participation in party primaries violated the HR Policy and that the termination was not unfair.
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Mutegi v Teachers Service Commission & another (Cause E140 of 2023) [2023] KEELRC 2720 (KLR) (26 October 2023) (Ruling)
✦ The court has jurisdiction to enforce the award and grants the applicant the orders sought.
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Mwene v Taj Super Foods (Employment and Labour Relations Appeal E027 of 2023) [2023] KEELRC 2634 (KLR) (26 October 2023) (Judgment)
✦ The dismissal was not wrongful and without notice, but was fair and just under the Employment Act, 2007, and the Constitution of Kenya, 2010
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Havyarimana v Permanent Secretariat of the Transit and Transport Co-ordination Authority of the Northern Corridor & another (Cause 922 of 2016) [2023] KEELRC 2642 (KLR) (26 October 2023) (Judgment)
✦ The Court finds the termination of the Claimant's employment unfair and awards him compensation of US$ 47,448.
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Syonthi v Equity Bank Limited (Cause 1918 of 2017) [2023] KEELRC 2600 (KLR) (26 October 2023) (Judgment)
✦ The court found that the termination was fair and procedurally correct, and the Claimant did not prove discrimination.
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Katendeigwa v D.Light Limited (Employment and Labour Relations Cause 770 of 2019) [2023] KEELRC 2606 (KLR) (26 October 2023) (Ruling)
✦ The court finds the claimant's application for Garnishee orders to be incompetent and denies the application.
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Kenya Engineering Workers Union v Rift Valley Engineering Workers Ltd (Cause 240 of 2018) [2023] KEELRC 2653 (KLR) (26 October 2023) (Ruling)
✦ The court strikes out the cause with no order as to costs due to the respondent's non-existence and the claimant's failure to amend its pleadings.
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Orina v Egerton University & another (Petition E021 of 2021) [2023] KEELRC 2654 (KLR) (26 October 2023) (Ruling)
✦ The court grants leave to amend the petition and orders the petitioner to file and serve the amended petition within seven days, and the Respondent to file and serve an amended response within seven days.
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Ndalut & another v Nairobi City Water & Sewerage Company (Employment and Labour Relations Petition E099 of 2022) [2023] KEELRC 2754 (KLR) (26 October 2023) (Ruling)
✦ The Petitioners/Applicants' application for an interim injunction was denied.