Kenyan case law
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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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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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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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John Enemai Bibilondo v Lydia Wangare Kariuki Munene [2019] KEELRC 1039 (KLR)
✦ Judgment in favor of the claimant for notice pay of Ksh.9,024.15 and unpaid wages for October, 2014 of Ksh.9,024.15.
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Maurice M. Munya & 148 others (suing on their own behalf and on behalf of the other members of beneficiaries of the Kenya Ports Authority Pension Scheme affected by the averaging of the Pensionable Salary and freezing of the Pensionable House Allowance (pursuant to the Order made by the Honourable Justice Maraga J on the 28th Novembe, 2007 v CFC Stanbic Bank Limited (formerly Stanbic Bank of Kenya Limited) [2019] KEELRC 1 (KLR)
✦ The court ordered a stay of execution of the attachment and set aside the proclamation.
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Lilian Akoth Otuoma v Mohan Oysterbay Drinks Kenya Limited [2019] KEELRC 1066 (KLR)
✦ The Claimant was dismissed unfairly and unjustly.
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David Wangondu Muiruri v Mt. Kenya Bottlers Limited & another [2019] KEELRC 1144 (KLR)
✦ The dismissal was justified as the Claimant was found driving a vehicle with stolen fuel. The charges were reasonable and based on probable cause. The Claimant is entitled to 3 months' notice, 15 days' salary, one-day leave, and pension payments.
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Esther Mutembei v Oracle Systems Limited [2019] KEELRC 1105 (KLR)
✦ The Court rejects the application and orders the Parties to take a date for hearing of this case.
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Paul Muiruri Ngugi v Anil Walia t/a Shinners Girls High School [2019] KEELRC 1099 (KLR)
✦ The court finds no matter to justify the application and dismisses the respondent's application with costs to the claimant.
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Kenya Tertiary & Schools Workers Union v Ananda Marga Academy [2019] KEELRC 1062 (KLR)
✦ Dismissal was justified due to the grievant's sabotage of school activities and absence from work.
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Okiya Omtatah Okoiti v President of Kenya & 4 others Interested Party; R. E. Kibwana & 4 others [2019] KEELRC 2577 (KLR)
✦ The application is dismissed with no order as to costs, and the Petitioner is required to file fresh cause to ensure execution of the declarations.
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Kenya Hotels and Allied Workers Union v Lake Naivasha Sawela Lodge Limited [2019] KEELRC 1085 (KLR)
✦ The court orders the respondent to sign the recognition agreement and deduct union dues. The court also orders the respondent to cease victimizing and intimidating the claimant members.
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Joseph M. Lazarus v H. Young Co. E.A Limited [2019] KEELRC 1202 (KLR)
✦ The motion is dismissed with costs to the Claimant as there is no error apparent on the face of the record.
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Kudheiha Workers Union v Salient Secondary School [2019] KEELRC 1084 (KLR)
✦ The court finds that the grievant is entitled to the payment of Ksh.104,883.00 in full and final settlement of terminal dues.
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Cheruiyot M Mutai & 4 others v Valley Confectionary Limited [2019] KEELRC 1088 (KLR)
✦ The claims of Cheruiyot Mutai, Patrick Ombui, Robert Mose Bokea, Jared Machuki, and Charles Simiyu Nalianya are dismissed. Tyson Mochere Nyakundi is awarded Ksh.20,700.00 in terminal dues.
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Joshua Ondere Alibi & 7 others v Rosoga Investment Limited [2019] KEELRC 1102 (KLR)
✦ The court ordered the County Labour Officer to tabulate the dues owing and file a report within 45 days, with the costs to be met by the respondent.
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Maxwell Agutu Maigo v Kenya National Trading Corporation Limited & another [2019] KEELRC 1095 (KLR)
✦ The court finds the auctioneer's actions unlawful and sets aside the warrants of attachment and the notice of sale.
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Daud Bosire Ogwagwa v Style Industries Limited [2019] KEELRC 1101 (KLR)
✦ The court awards notice pay of Ksh.11,624.00 only.
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Jacob Ochieng Malowa v Load Trailers (E.A) Limited [2019] KEELRC 1063 (KLR)
✦ The dismissal of the Claimant was unfair and unjustified.
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Republic v County Land Registrar Kisumu County Land Registry & 2 others Exparte United Millers Limited; Agriculture and Food Authority (Interested Party) [2019] KEELRC 1217 (KLR)
✦ The court granted leave as prayed in prayers (1) and (2) exparte on the 15th January, 2018 and directed the application be served for hearing of prayer (3).
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Dickson Onyango & another v Defence Forces Canteen Orgnanization [2019] KEELRC 1023 (KLR)
✦ The dismissal is found to be harsh and unjustified, and converted to a normal termination of employment.
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Rosemary Angaliwa v Tidy Site Services Limited [2019] KEELRC 1007 (KLR)
✦ Employment terminated at the instance of the claimant. The claimant is awarded 50% of her costs and underpayments at Ksh.129,526.90 less received amount at Ksh.19,759.00.
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Mugure v Hillcourt Hotel & Spa Ltd (Cause 104 of 2018) [2019] KEELRC 1077 (KLR) (10 July 2019) (Judgment)
✦ The court found the termination to be unlawful and ordered the respondent to pay the claimant notice pay, annual leave pay, overtime pay, and gratuity.
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Peter Kuria Nguru v Judicial Service Commission & 3 others; Cabinet Secretary Ministry of Health (Interested Party) [2019] KEELRC 1228 (KLR)
✦ The transfer was not discriminatory and in accordance with the Judiciary's transfer policy and due process.
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Banking, Insurance and Finance Union (Kenya) v Bank of Baroda (K) Limited [2019] KEELRC 1087 (KLR)
✦ The Court allows the application and issues orders restraining the Respondent from retiring Mr. Thomas Orina Mokinu before the age of 60 years pending the hearing and determination of this claim.