Kenyan case law
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Ndalut & another v Nairobi City Water & Sewerage Company (Employment and Labour Relations Petition E099 of 2022) [2023] KEELRC 2754 (KLR) (26 October 2023) (Ruling)
✦ The Petitioners/Applicants' application for an interim injunction was denied.
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Republic v County Government of Kilifi; Dena (Exparte); Mwinga & another (Contemnor) (Judicial Review E001 of 2021) [2023] KEELRC 2649 (KLR) (26 October 2023) (Ruling)
✦ The Court quashed the Respondent's decision to suspend the Applicant and the disciplinary proceedings, and ordered the Respondent to unconditionally terminate the proceedings.
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Pwani University Council v Universities Academic Staff Union; Ministry of Labour and Social Protection & another (Interested Parties) (CBA E082 of 2023) [2023] KEELRC 2637 (KLR) (26 October 2023) (Ruling)
✦ The Court directs the parties to re-negotiate Clause 11(a) of the CBA and report back within 45 days.
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Mulombi v Ndolo Investments Ltd (Appeal E090 of 2022) [2023] KEELRC 2620 (KLR) (26 October 2023) (Judgment)
✦ The Appellant’s claims for unpaid leave days, unpaid house allowance, and salary underpayment are allowed. The Appellant is awarded Ksh. 666,055.23 in total. The Respondent is ordered to issue the Appellant with a certificate of service within 30 days.
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Newnham Services International Limited v Midenyo & another (Employment and Labour Relations Appeal E111 of 2021) [2023] KEELRC 2609 (KLR) (26 October 2023) (Judgment)
✦ The trial court erred in finding that the Respondents were unlawfully terminated and in awarding them compensation.
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Kenya Plantation & Agricultural Workers Union v Shalimar Flowers Limited (Cause 57 of 2021) [2023] KEELRC 2615 (KLR) (26 October 2023) (Ruling)
✦ The court finds no evidence of bias and upholds the earlier ruling.
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Ngono v Docwide Business Centre [K] Ltd (Cause 662 of 2015) [2023] KEELRC 2621 (KLR) (26 October 2023) (Ruling)
✦ The application is dismissed with costs
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Banking Insurance and Finance Union (Kenya) v National Health Insurance Fund & another (Employment and Labour Relations Cause E466 of 2023) [2023] KEELRC 2631 (KLR) (26 October 2023) (Ruling)
✦ The objection is dismissed as the pleadings were signed by the authorized representative of the Claimant.
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Wanjohi v Karatina University; Kakiya & another (Interested Parties) (Employment and Labour Relations Petition E004 of 2022) [2023] KEELRC 2601 (KLR) (25 October 2023) (Judgment)
✦ The Court found that the appointment was irregular and quashed the appointment of the 1st Interested Party as the Finance Officer of the Respondent University.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Board of Management, Ugenya Teachers Training College (Cause E046 of 2023) [2023] KEELRC 2589 (KLR) (25 October 2023) (Ruling)
✦ The Court found the termination to be lawful and upheld the Respondent's actions.
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Joseph v Teachers Service Commission & another (Petition E020 of 2023) [2023] KEELRC 2593 (KLR) (25 October 2023) (Judgment)
✦ The Court declines to issue the orders sought by the Petitioner, and the Petitioner remains in the employ of the Commission.
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Abongo v Chemelil Sugar Co Ltd (Appeal E051 of 2022) [2023] KEELRC 2591 (KLR) (25 October 2023) (Judgment)
✦ The Appeal is dismissed with no order on costs.
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Egerton University v Kenya Universities Staff Union & another (Petition 11 of 2022) [2023] KEELRC 2616 (KLR) (25 October 2023) (Ruling)
✦ The application by the petitioner is dismissed with costs and interim orders vacated
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Wafula v Board of Management, Masimba High School & another (Cause E066 of 2023) [2023] KEELRC 2590 (KLR) (25 October 2023) (Ruling)
✦ The court orders the respondents to pay the applicant all accrued salaries from February 2023 to date and to allow the applicant back to work unless lawfully suspended.
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Kamau v Eureka Electrosoft Solutions Ltd (Cause 2213 of 2017) [2023] KEELRC 2592 (KLR) (25 October 2023) (Judgment)
✦ Termination of employment was unfair due to lack of compliance with the Employment Act, 2007.
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Okeyo v Diamond Trust Bank (K) Ltd (Cause 1 of 2019) [2023] KEELRC 2594 (KLR) (25 October 2023) (Judgment)
✦ The Court finds that the claimant waived the right to sue and declines to award compensatory awards.
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Araru v Judicial Service Commission (Employment and Labour Relations Petition E002 of 2023) [2023] KEELRC 2598 (KLR) (25 October 2023) (Judgment)
✦ The petition does not meet the competence threshold for a constitutional case and the dispute should end at this point.
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Nyongesa v Blue River Technology Solutions Limited (Cause E626 of 2021) [2023] KEELRC 2763 (KLR) (24 October 2023) (Judgment)
✦ The claimant was found to be an employee of the respondent.
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Koriata v Jelite Air Ltd (Cause E523 of 2022) [2023] KEELRC 2759 (KLR) (24 October 2023) (Ruling)
✦ The Court dismisses the Preliminary Objection with costs to the Claimant/Respondent
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Odhiambo v Siri Gurdwara Ramgarhia Railway (Cause 1043 of 2018) [2023] KEELRC 2587 (KLR) (24 October 2023) (Judgment)
✦ The court finds that the Respondent failed to demonstrate a valid and fair reason for terminating the Claimant's employment and did not follow the required procedures.
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Presbyterian Church Hosptial & 2 others v Murila & 2 others (Cause 1695 of 2016) [2023] KEELRC 2758 (KLR) (24 October 2023) (Ruling)
✦ The application for a stay of further proceedings is dismissed with costs to the Claimant/Respondent.
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Nyamache v Karen Hospital (Cause 1575 of 2018) [2023] KEELRC 2761 (KLR) (24 October 2023) (Judgment)
✦ The termination of the employment of the Claimant was lawful.
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Lisutsa v Bob Morgan Services Limited (Appeal E125 of 2022) [2023] KEELRC 2756 (KLR) (24 October 2023) (Ruling)
✦ The application is granted with costs to the claimant/applicant.
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Ombega v Kenyatta University (Employment and Labour Relations Cause E010 of 2023) [2023] KEELRC 2585 (KLR) (24 October 2023) (Judgment)
✦ The court referred the parties to negotiate the calculation of dues owed, or the court will determine the figures based on the evidence if they fail to agree.
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Bitutu v Riley Services (Cause 173 of 2018) [2023] KEELRC 2757 (KLR) (24 October 2023) (Judgment)
✦ The Court finds no termination for the Claimant and dismisses the claim with costs.