Kenyan case law
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Kenya County Government Workers Union v County Public Service Board of Kitui [2017] KEELRC 1186 (KLR)
✦ The court dismissed the application and ordered the costs to be in the cause. The court held that the deceased was only a witness and the suit should proceed as filed. The court also held that there was no representative suit in the present case and the present suit was a referral of a trade dispute.
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Katunge Kiilu v National Aids Control Council [2017] KEELRC 1093 (KLR)
✦ Application dismissed as claimant has demonstrated a prima facie case but damages would adequately compensate her
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Enock Azenga Endome v Kawamwaki Limited [2017] KEELRC 1189 (KLR)
✦ The Court dismisses the Respondent's application to dismiss the Claimant's claim for want of prosecution.
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Kenya Union Of Commercial, Food And Allied Workers v Mwalimu Co-Operative Savings And Credit Society Limited [2017] KEELRC 1083 (KLR)
✦ The court holds that the termination of employment was justified and that the employees were afforded a fair procedure.
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Edwin Jembe Mwamuye v Mombasa Canvas Limited [2017] KEELRC 1155 (KLR)
✦ dismissal was valid but flawed on fair procedure; Respondent to pay 5 months' salary compensation and annual leave pay
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Alex Musyoka Kimanzi v Alidi Kenya Limited [2017] KEELRC 1168 (KLR)
✦ The court finds that the respondent is not about to dispose of its assets or repatriate them, and thus the application fails.
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Ken T. Sungu v Kenya Ports Authority [2017] KEELRC 1010 (KLR)
✦ The Notice of Motion is dismissed with no costs. The applicant proceeds to report to his new station on Monday 19th June 2017 at 8.30 AM and continue working until the hearing and determination of his petition.
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Kyalo Alex David v Serena Beach Resort & SPA [2017] KEELRC 1185 (KLR)
✦ Redundancy was based on genuine economic ground but unfair on procedure. Claimant is granted redundancy pay, severance pay, termination gratuity, and compensation for unfair termination.
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Samson Omwoyo v Maasai Mara University & another [2017] KEELRC 357 (KLR)
✦ The court orders the suspension lifted pending the hearing and determination of the application.
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Dock Workers Union [K] v Commissioner for Labour, Ministry of East African Community, Labour & Social Protection & 2 others [2017] KEELRC 1150 (KLR)
✦ The dispute is not a trade dispute and the certificate of unresolved trade dispute is null and void.
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Paul Magoto Nyagari v First Community Bank Limited [2017] KEELRC 1991 (KLR)
✦ Claimant's application for injunctive relief is granted
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Joseph Ogwella Awuor v Ndugu Transporters Limited [2017] KEELRC 832 (KLR)
✦ The summary dismissal was unfair as the Respondent did not comply with the procedural requirements of section 41 of the Employment and Labour Relations Act.
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Irene Mwende Mutuiri v Sen-Tech Limited [2017] KEELRC 403 (KLR)
✦ The redundancy was unfair and unlawful as the Respondent failed to prove the reason for termination was valid and a fair reason based on operational requirements of the employer.
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Barrack Musumba Oluoch v Ndugu Transport Company Ltd [2017] KEELRC 852 (KLR)
✦ The court finds and holds that the summary dismissal of the Claimant was unprocedural and therefore unfair.
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Richard Bosire & 4 others (suing as the officials and members of Universities Academic Staff Union, University of Nairobi Chapter) v Universities Academic Staff Union [2017] KEELRC 323 (KLR)
✦ Claimants have locus standi to file suit as members of the respondent. Objections by respondent are dismissed.
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Kenya Union of Domestic Hotels Educational Institutions Hospitals and Allied Workers v Majiwa Secondary School [2017] KEELRC 848 (KLR)
✦ The dismissal was unfair and the Claimant is awarded Kshs. 122,374 in total.
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Chiuri Kirui & Rugo Advocates v Tusker Mattresses Limited [2017] KEELRC 1124 (KLR)
✦ The Court sets aside the decision of the taxing master and remits the bill of costs for re-taxation before a different taxing master.
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Jesse Muhoro Kariuki v Kenya Pipeline Company Limited [2017] KEELRC 1164 (KLR)
✦ The order dismissing the suit for want of prosecution and non-attendance by Counsel for the Claimant is set aside and the suit is reinstated.
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Robert Chaka Ndupha v Crown Bus Services [2017] KEELRC 1154 (KLR)
✦ The Court finds that the termination was unfair and wrongful, and orders the Respondent to pay damages, house allowance, notice, certificate of service, gratuity, and compensation for unlawful termination.
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Nyali International Beach Hotel v Mpe Shindo Bundi & 146 others [2017] KEELRC 1209 (KLR)
✦ The court orders the employees to withdraw their sit-in notice and restrains them from calling for any other industrial action against the Claimant pending the investigation by the County Labour Office.
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Kenya Plantation and Agricultural Workers Union v Rea Vipingo Plantations [2017] KEELRC 1205 (KLR)
✦ The Court finds the Respondent had valid grounds for summarily dismissing the Grievants and that the procedure was fair.
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Kenya Union of Commercial Food And Allied Workers Union v Tavevo Water and Sewerage Company Limited & another [2017] KEELRC 1212 (KLR)
✦ The Court finds the termination of the Grievants' contracts was unfair and unlawful. The 1st Respondent is ordered to pay compensation and notice pay to the Grievants.
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Mangale Mwadzame Kuta v Rapid Kate Services Ltd [2017] KEELRC 959 (KLR)
✦ The court found the termination unfair as the respondent failed to prove the loss of fertilizer bags and did not follow the mandatory fair procedure as per Section 41 of the Employment Act.
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Richard Kashero v Kilifi Mariakani Water and Sewerage Company Limited (Kiriwasco) [2017] KEELRC 1201 (KLR)
✦ Dismissal was unfair, and the Claimant is granted compensation equivalent to 12 months' salary and 1 month's salary in lieu of notice.
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Nasongo Wangila & 15 others v Acme Containers Limited & another [2017] KEELRC 1225 (KLR)
✦ The court finds that the dismissals were unfair and unlawful, and orders the respondents to pay compensation and severance pay.