Kenyan case law
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Joseph Maina Machangi v County Government of Nyandarua & 2 others [2021] KEELRC 1082 (KLR)
✦ The court orders the respondent to pay the applicant's earned salary as per the applicant's prayer.
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Lucy Ndungu v New Wide Garment EPZ [2021] KEELRC 1086 (KLR)
✦ Bank statements and Safaricom statements are admissible as they were not electronically produced, but the court will allow time for further submissions.
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Republic v Kenya Universities & Colleges Central Placement Service & another Ex-Parte;John Muraguri [2021] KEELRC 1093 (KLR)
✦ The Court orders that the withdrawal of the suit is with no orders for costs.
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Mary Pamela Wanga v Shamrock (K) Limited [2021] KEELRC 1095 (KLR)
✦ The court finds that the claimant was terminated without notice and without payment of terminal benefits.
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Kenya County Government Workers Union v Embu Water and Sewerage Company Limited; Kenya Union of Water and Sewerage Employees (Objector) [2021] KEELRC 1096 (KLR)
✦ The Court found that the Employer's recognition agreement with KUWASE was valid and subsisting, and that KCGWU and the Employer do not have capacity to enter into a recognition agreement or negotiate a CBA. The CBA was also not registered due to the Employer's failure to obtain SRC approval.
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Daniel Otieno Soro v Morris Company (2004) Limited [2021] KEELRC 1045 (KLR)
✦ The dismissal was wrongful and unlawful, and the claimant is entitled to compensation including one-month salary in lieu of notice, unpaid leave, compensation for wrongful dismissal, house allowance, and costs.
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Lydia Moraa Obara v Tusker Mattresses Limited [2021] KEELRC 1055 (KLR)
✦ The court lacks jurisdiction to entertain the claim due to the Employment Act, 2007, Section 45[3] being unreasonable and inconsistent with the Constitution.
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Charles John Macharia Mbuthia v Standard Chartered Bank Kenya Limited [2021] KEELRC 1098 (KLR)
✦ The Claimant has failed to prove probable or perceived bias and the grounds set out in the Code of Conduct and Ethics to warrant recusal
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Joseph Ogaro Otwori v Dimamu Agencies Limited [2021] KEELRC 1092 (KLR)
✦ The court found the dismissal unlawful and procedurally unfair, and awarded the claimant days worked, salary in lieu of leave, salary in lieu of rest days, and housing allowance.
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Christine Wangui Tatua v Greenhouse Management Ltd [2021] KEELRC 1049 (KLR)
✦ The court found that the claimant was an employee of the respondent and that her termination was unfair.
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Kenya National Private Security Workers Union v G4s Kenya Limited & 2 others; Central Organisation of Trade Unions Cotu (K) & 4 others (Interested Parties) [2021] KEELRC 1102 (KLR)
✦ The CBA and the Regulation of Wages (Protective Security Services) Order, 1998, do not contradict each other. The CBA is a binding agreement between the parties and the change in overtime calculation was not due to the implementation of the CBA.
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Kenya Plantation Agricultural Workers Union v Primarosa Flowers Limited [2021] KEELRC 1057 (KLR)
✦ The Court issues a temporary injunction suspending the redundancy notice pending compliance with the Employment Act and the MoU.
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Julia Wairimu Gakiru v Timsales Limited (Cause 53 of 2021) [2021] KEELRC 1100 (KLR) (Employment and Labour) (13 August 2021) (Judgment)
✦ The appeal is dismissed with costs
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Kenya Engineering Workers Union v Efil Enterprises Limited [2021] KEELRC 1087 (KLR)
✦ Court finds no merit in Respondent's jurisdictional objection and dismisses it. Court rules that grievants were unlawfully declared redundant and that Claimant is entitled to the orders sought.
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Duncan Nyamboga Ageni v Techno Construct (K) Ltd [2021] KEELRC 1105 (KLR)
✦ The court finds the termination of the employment contract unlawful and awards the Claimant one month's salary in lieu of notice, compensation for accrued leave, and compensation for wrongful dismissal.
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Aysha Hafsa Musa v Computer Revolution Limited [2021] KEELRC 1090 (KLR)
✦ The Court held that the Claimant was not under a six-month probation but was under a three-month probation, which ended on April 30, 2015. The dismissal was not unfair and unlawful.
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Joseph M. Kivilu v Kenya National Examination Council [2021] KEELRC 1120 (KLR)
✦ The court found that the Claimant was not constructively dismissed and dismissed the suit.
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Daniel Otieno Ogonjo & 2 others v Pendulum Entertainment Limited t/a Treehouse Club [2021] KEELRC 1108 (KLR)
✦ The Court found an employment relationship existed and the termination was wrongful.
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Henry Musemate Murwa v Francis Owino, Principal Secretary, Ministry of Public Service, Youth And Gender Affairs & another [2021] KEELRC 1114 (KLR)
✦ Section 5 of the Judicature Act is reinstated due to the nullification of the Contempt of Court Act 2016.
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Republic v Registrar of Trade Unions, Ministry of Labour and Social Protections Ex Parte Kenya Union of Clinical Officer; Attorney General (Interested Party) [2021] KEELRC 1058 (KLR)
✦ The court dismissed the application, finding that the Applicant has not demonstrated substantial loss and has not offered to deposit security.
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Kenya Union of Commercial, Food and Allied Workers v Gititu Coffee Growers Co-operative Society Limited [2021] KEELRC 1119 (KLR)
✦ The application is not statute barred, and the Claimant is the proper entity to move the Court for purposes of execution.
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Peter Ndegwa Muturi v Teachers Service Commission [2021] KEELRC 1116 (KLR)
✦ The Court finds that the Respondent did not comply with the proper procedure in the interdictions of the Petitioner.
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Moses N. Osoro & another v Central Glass Limited & another [2021] KEELRC 1117 (KLR)
✦ The claimants were not employees of the Respondent at the time of termination, and their claims are dismissed with costs.
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Kibuchi & 6 others v Mount Kenya University; Attorney General (Interested Party) (Petition 94 of 2016) [2021] KEELRC 2310 (KLR) (30 July 2021) (Judgment)
✦ Section 42(1) of the Employment Act, 2007, is inconsistent with articles 24, 41, and 47 of the Constitution to the extent that it excludes employees on probationary contracts from the provisions of section 41.
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Rose Njambi Mwangi v Point East Africa Limited [2021] KEELRC 1128 (KLR)
✦ The application is dismissed and the order is declined.