Kenyan case law
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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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Ng’ang’a v Timsales Limited (Appeal E035 of 2023) [2024] KEELRC 13600 (KLR) (17 October 2024) (Ruling)
✦ The appeal is properly and competently before the court.
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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.
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Ogochi v Kenya Pipeline Company Limited (Cause 042 of 2021) [2024] KEELRC 13602 (KLR) (17 October 2024) (Judgment)
✦ The court declares the summary dismissal wrongful, unfair, and unlawful and awards the claimant Kshs1,120,000 in compensation.
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Ngeteta v Kenya Seed Company Limited (Cause E037 of 2021) [2024] KEELRC 13601 (KLR) (17 October 2024) (Judgment)
✦ The court declares the summary dismissal wrongful, unfair, and unlawful and awards the claimant a total of Kshs1,243,850/=.
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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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Eastern Produce (Kenya) Limited Kapsumbeiywa Tea Estate v Nyambari (Miscellaneous Application 3 of 2024) [2024] KEELRC 2509 (KLR) (17 October 2024) (Ruling)
✦ The application is allowed with leave to appeal out of time and a temporary stay of execution pending appeal.
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Mwangi (Suing as the legal representative of John Karanja Mirichi - Deceased) v Lijodi & another (Miscellaneous Civil Application E079 of 2023) [2024] KEELRC 2489 (KLR) (16 October 2024) (Ruling)
✦ The court grants the application to vary the order and allows the applicant to deposit Kshs.3,000,000/= in a joint interest earning account by 5th November 2024. If the applicant fails to deposit the amount, execution will proceed.
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County Assembly Service Board Nyamira County & 3 others v Bundi & 11 others (Appeal E006 of 2024) [2024] KEELRC 2659 (KLR) (15 October 2024) (Ruling)
✦ The appeal succeeds to the extent that the proceedings that precipitated the appeal were struck out, resulting in no footing for an appeal from the Chief Magistrate's Court. The parties will bear their own costs.
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SGS Security Guards Services Limited v Chepkemoi (Environment and Land Appeal E119 of 2024) [2024] KEELRC 2473 (KLR) (15 October 2024) (Ruling)
✦ The court grants the application to stay the execution of the judgment and decree pending the appeal and orders the applicant to deposit half of the decretal amount in a joint interest earning account within 30 days.
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Scholapurkar & 33 others v Mediheal Group Limited & 4 others (Cause E042 of 2023) [2024] KEELRC 13607 (KLR) (15 October 2024) (Ruling)
✦ The court ordered the respondents to pay the agreed amount and interest, and allowed the claimants to recover the amounts through garnishee proceedings.
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Odhiambo v Teachers Service Commission (Cause E030 of 2023) [2024] KEELRC 2679 (KLR) (15 October 2024) (Ruling)
✦ The objection to the presentation of the witness is allowed, and the witness will be deferred until a brief statement is filed.
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Teachers Service Commission & another v Wanyonyi (Miscellaneous Civil Application E011 of 2024) [2024] KEELRC 2483 (KLR) (15 October 2024) (Ruling)
✦ The court grants a temporary stay of 30 days of its judgment to allow the applicants to seek extension of time from the Court of Appeal.
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Kenya Union Of Domestic, Hotels, Educational Institutions And Hospital Workers Union (KUDHEIHA) v Board of Management of Mombasa Hospital Association (Cause E011 of 2024) [2024] KEELRC 2466 (KLR) (11 October 2024) (Judgment)
✦ The court applies the simple rate computation for wage and house allowance increments for the period 2022/2023, with a 11% increase for both years and a house allowance of 11% for 2022/2023. The leave travel allowance is set at Ksh.7, 000 across the cadres.
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Hipora Security Solutions Limited v Omondi (Appeal E038 of 2024) [2024] KEELRC 2459 (KLR) (11 October 2024) (Ruling)
✦ The application is dismissed as the respondent has not demonstrated good cause for recusal and the court should not be used to circumvent justice.
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Rono v Delish Nail and Beauty Limited (Cause E038 of 2023) [2024] KEELRC 2472 (KLR) (11 October 2024) (Judgment)
✦ The Claimant’s employment was unlawfully terminated.
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Board of Management Sheikh Zayed Children Welfare Center v Ismail (Employment and Labour Relations Appeal E005 of 2024) [2024] KEELRC 2462 (KLR) (11 October 2024) (Judgment)
✦ The appeal is struck out as the appeal was filed out of time and the respondent did not address the issue expeditiously.
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Kenya Engineering Workers Union v Ashut Engineering Limited Plastic Division (Employment and Labour Relations Cause E6585 of 2020) [2024] KEELRC 2512 (KLR) (11 October 2024) (Judgment)
✦ The court finds that the Respondent did not prove a valid reason to terminate the grievants and gives them the benefit of doubt.
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Kudheiha Workers v Nyali Golf and Country Club Limited (Cause E023 of 2022) [2024] KEELRC 2471 (KLR) (11 October 2024) (Ruling)
✦ The dismissal order dated 26th February, 2024 is set aside, and the Claimant's suit is reinstated. Costs of the application are assessed at Kshs.10,000/= to be paid by the Claimant Union to the Respondent within 30 days of this Ruling. The Claimant shall prosecute the suit within seven (7) months of this Ruling, failing which the suit shall stand dismissed.
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Rachuonyo v University of Science and Technology (Cause E053 of 2022) [2024] KEELRC 2474 (KLR) (11 October 2024) (Judgment)
✦ The termination was unfair as the employer failed to adhere to fair process.
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Adika v Security 24 Limited & another (Appeal E048 of 2023) [2024] KEELRC 2476 (KLR) (11 October 2024) (Judgment)
✦ The Court of Appeal found that Adika was not an employee of the Respondents and dismissed the appeal.
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Trusted Society of Human Rights Alliance v Mathews & 6 others (Employment and Labour Relations Petition E024 of 2024) [2024] KEELRC 2502 (KLR) (11 October 2024) (Judgment)
✦ The court is satisfied that the Respondents followed the right procedure to renew the 1st Respondent's contract and dismissed the petition.
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Wanderi v Judicial Service Commission (Cause 9 of 2017) [2024] KEELRC 2484 (KLR) (11 October 2024) (Judgment)
✦ The court found the termination of employment to be unfair and unlawful.
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Ndihokubwayo v Alliance for a Green Revolution in Africa & another (Employment and Labour Relations Cause 277 of 2018) [2024] KEELRC 2492 (KLR) (11 October 2024) (Ruling)
✦ The court grants the application for leave to amend the pleadings.
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Hatari Security Guards Limited v Mutungi (Appeal E042 of 2024) [2024] KEELRC 2469 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed. The judgment of the trial court is upheld.