Kenyan case law
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Nyamaika v Nyamira County Assembly & another (Cause 52 of 2020) [2022] KEELRC 12735 (KLR) (5 October 2022) (Judgment)
✦ The court found that the Claimant was not unlawfully dismissed and that he was not entitled to the reliefs sought.
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Kagumbas v Career Directions Ltd (Cause 732 of 2017) [2022] KEELRC 12879 (KLR) (5 October 2022) (Judgment)
✦ The court finds that the respondent had a valid and fair reason to terminate the claimant's employment and the procedure followed was procedurally fair.
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Kabira v Kenya Conference Of Catholic Bishops (Cause 1203 of 2017) [2022] KEELRC 12804 (KLR) (5 October 2022) (Judgment)
✦ The court found that the contract was subject to CDC directives and that termination was unfair.
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Kirimi v Commissioner General Kenya Revenue Authority (Cause 237 of 2016) [2022] KEELRC 12770 (KLR) (4 October 2022) (Ruling)
✦ The application is dismissed
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China Wu Yi Company Ltd v Okari (Appeal 47 of 2022) [2022] KEELRC 12733 (KLR) (4 October 2022) (Judgment)
✦ The appeal is successful, reducing the general damages from Kshs.400,000 to Kshs.100,000
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Kungu v Uzuri Foods Limited (Employment and Labour Relations Cause E250 of 2021) [2022] KEELRC 12734 (KLR) (4 October 2022) (Ruling)
✦ The court does not have jurisdiction to make the orders sought.
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Putwai v Narok Diploma Training College (Petition E005 of 2022) [2022] KEELRC 12744 (KLR) (4 October 2022) (Ruling)
✦ The suspension and indefinite leave are lifted, and the applicant is paid back pay. The Respondent is free to institute a fair and expeditious disciplinary process within 3 months.
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Kashero v Five Forty Aviation Limited (Cause 2097 of 2017) [2022] KEELRC 4875 (KLR) (4 October 2022) (Ruling)
✦ The court is inclined to allow the respondent an opportunity to present its case as the same had not been formally closed on 16th May, 2022.
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Ouma v Steel Makers Limited (Cause 259 of 2015) [2022] KEELRC 12737 (KLR) (4 October 2022) (Judgment)
✦ Ouma was not a casual employee as his employment terms converted to a monthly term contract after one month of continuous service.
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Nyinge v County Government of Nyandarua & another (Cause 426 of 2017) [2022] KEELRC 12777 (KLR) (4 October 2022) (Judgment)
✦ The claimant's termination was found to be irregular and without proper procedure, thus the case is dismissed.
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Onyango & 3 others v Planned Parenthood Global & another (Cause 760 of 2019) [2022] KEELRC 12782 (KLR) (4 October 2022) (Ruling)
✦ The suit was not properly dismissed for want of prosecution, and the orders of dismissal are set aside. The suit is reinstated, and the Claimants are granted leave to file their response/defence within 14 days.
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Njeru v Cobra Security Company Limited (Cause 138 of 2018) [2022] KEELRC 12776 (KLR) (4 October 2022) (Judgment)
✦ The court finds that the claimant was not constructively dismissed and dismisses the entire claim.
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Kimani v Joseph Kimani Njau t/a Njau Transporter (Cause 1510 of 2016) [2022] KEELRC 4860 (KLR) (3 October 2022) (Judgment)
✦ Claimant was not an employee of respondent
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Simecheri v Trattoria Limited (Cause 1675 of 2017) [2022] KEELRC 12738 (KLR) (3 October 2022) (Judgment)
✦ The claimant voluntarily resigned from employment and was paid his dues at the time of separation, thus the claim is dismissed.
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Kambona & another v Cabinet Secretary for Ministry of Health & 2 others; Kenya Nutritionalist and Dietician Institute & 8 others (Interested Parties) (Judicial Review E009 of 2022) [2022] KEELRC 12792 (KLR) (3 October 2022) (Ruling)
✦ The court did not direct that the leave granted to the applicants should operate as a stay.
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Musine v Holt (Cause 2244 of 2016) [2022] KEELRC 4874 (KLR) (3 October 2022) (Judgment)
✦ The court held that the claimant’s employment was not permanent and that the termination was unfair.
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Union of Kenya Servants v Kenya Utalii Collage (Employment and Labour Relations Cause E287 of 2022) [2022] KEELRC 12743 (KLR) (3 October 2022) (Ruling)
✦ The Court grants the temporary injunction, finding the application clear and the Manual to be the 2022 one.
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Kenya National Private Security Workers Union v BOB` Morgan Services Limited (Cause 1627 of 2017) [2022] KEELRC 4130 (KLR) (30 September 2022) (Judgment)
✦ The Court found that the grievant was indeed granted two days leave and that the real reason for his termination was his alleged incitement of staff at Electricity House.
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Ng’ang’a v Kenya National Examination Council & 2 others (Petition E197 of 2021) [2022] KEELRC 4054 (KLR) (30 September 2022) (Ruling)
✦ The preliminary objection is overruled with no orders as to costs
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Republic v Nairobi County Governor & 2 others; Speaker Nairobi County Assembly & another (Interested Parties); Gufu (Exparte Applicant) (Judicial Review Miscellaneous Application E004 of 2022) [2022] KEELRC 4082 (KLR) (30 September 2022) (Ruling)
✦ The Court has considered the preliminary objections and opposing submissions, and in its view, the objections do not meet the fundamental threshold of a preliminary objection.
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Owiti v C & A Security Services (Cause 2402 of 2016) [2022] KEELRC 4104 (KLR) (30 September 2022) (Judgment)
✦ The claimant failed to prove the existence of an employment relationship with the respondent, and the claim is dismissed.
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Minahila & another v Danaff Group (Cause 302 of 2016) [2022] KEELRC 12797 (KLR) (30 September 2022) (Judgment)
✦ The claimants were not entitled to the reliefs sought as the respondent failed to prove that the claimants were casual employees.
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Kenya Concrete, Structural, Ceramic Tiles, Wood Plys and Interior Design Workers Union v Registrar of Trade Unions, Ministry of Labour and Social Protection; Attorney General (Interested Party) (Miscellaneous Application E090 of 2022) [2022] KEELRC 12745 (KLR) (30 September 2022) (Judgment)
✦ The court found that the Registrar of Trade Unions acted within her discretion under section 27(5) of the Labour Relations Act, as the proposed amendments should be categorical and not general to avoid confusion and encroachment.
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Kenya Union of Commercial, Food and Allied Workers v National Museums of Kenya (Cause 2222 of 2015) [2022] KEELRC 12765 (KLR) (29 September 2022) (Ruling)
✦ The court dismisses the application for review and finds no merit in the application.
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Jiffy Pictures Limited v Ofula (Civil Appeal E140 of 2021) [2022] KEELRC 4022 (KLR) (29 September 2022) (Judgment)
✦ The court upholds the appellant's preliminary objection and sets aside the ruling overruling the objection