Kenyan case law
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Wijenje & another v Directline Assurance Company Limited & 7 others (Cause 165 of 2020) [2024] KEELRC 2490 (KLR) (11 October 2024) (Ruling)
✦ The court will not determine the review application until the outcome of Appeal 4 of 2024 pending before the Insurance Appeals Tribunal.
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Kenya Union Of Domestic, Hotels, Educational Institutions And Hospital Workers Union (KUDHEIHA) v Board of Management of Mombasa Hospital Association (Cause E011 of 2024) [2024] KEELRC 2466 (KLR) (11 October 2024) (Judgment)
✦ The court applies the simple rate computation for wage and house allowance increments for the period 2022/2023, with a 11% increase for both years and a house allowance of 11% for 2022/2023. The leave travel allowance is set at Ksh.7, 000 across the cadres.
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Republic v Attorney General; Sigilai (Exparte Applicant) (Judicial Review Miscellaneous Application E005 of 2024) [2024] KEELRC 2495 (KLR) (11 October 2024) (Ruling)
✦ The Ex-parte Applicant is not entitled to the order of mandamus sought.
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Kenya Engineering Workers Union v Ashut Engineering Limited Plastic Division (Employment and Labour Relations Cause E6585 of 2020) [2024] KEELRC 2512 (KLR) (11 October 2024) (Judgment)
✦ The court finds that the Respondent did not prove a valid reason to terminate the grievants and gives them the benefit of doubt.
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Inyangu v KCB Bank (K) Limited (Cause E641 of 2021) [2024] KEELRC 2491 (KLR) (11 October 2024) (Ruling)
✦ The court dismissed the application to vary the award of general damages and the contempt of court claim, recommending an appeal instead. The overtime allowance dispute was resolved.
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Halar Industries Limited v Muia (Appeal E170 of 2022) [2024] KEELRC 2479 (KLR) (11 October 2024) (Judgment)
✦ The appeal is found merited and the order of the lower court is hereby substituted with an order dismissing the suit.
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Bob Morgan Services Ltd v Ochieng (Appeal E058 of 2023) [2024] KEELRC 2477 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed, and the application for review is denied.
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Ojiambo v Kibos Sugar & Allied Industries Ltd (Cause E027 of 2024) [2024] KEELRC 2482 (KLR) (11 October 2024) (Ruling)
✦ The suit is statute barred and is struck out.
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Olang’o v Insight Management Consultants Limited (Employment and Labour Relations Petition E139 of 2023) [2024] KEELRC 2513 (KLR) (11 October 2024) (Judgment)
✦ The Petitioner was not directly or indirectly discriminated against by the Respondent.
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Hatari Security Guards Limited v Mutungi (Appeal E042 of 2024) [2024] KEELRC 2469 (KLR) (11 October 2024) (Judgment)
✦ The appeal is dismissed. The judgment of the trial court is upheld.
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Nigogo v Mlewa t/a Karema Medical Clinic (Cause 755 of 2017) [2024] KEELRC 2460 (KLR) (11 October 2024) (Ruling)
✦ The claim is dismissed with costs
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Chogo v Kamongo Waste Paper (Kenya) Ltd (Employment and Labour Relations Petition E103 of 2023) [2024] KEELRC 2494 (KLR) (11 October 2024) (Judgment)
✦ The termination was unlawful and unfair.
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Kenya Petroleum Oil Workers Union v Birgis Service Station (t/a Total Nyamasaria Service Station (Cause E073 of 2021) [2024] KEELRC 2475 (KLR) (11 October 2024) (Judgment)
✦ The claim for underpayment is statute barred and dismissed.
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Nyamwinga v CMC Motors Group Limited (Appeal E077 of 2022) [2024] KEELRC 2464 (KLR) (11 October 2024) (Judgment)
✦ The Court strikes the appeal with no order as to costs, and each party bears their own costs.
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Board of Management Sheikh Zayed Children Welfare Center v Ismail (Employment and Labour Relations Appeal E005 of 2024) [2024] KEELRC 2462 (KLR) (11 October 2024) (Judgment)
✦ The appeal is struck out as the appeal was filed out of time and the respondent did not address the issue expeditiously.
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Adika v Security 24 Limited & another (Appeal E048 of 2023) [2024] KEELRC 2476 (KLR) (11 October 2024) (Judgment)
✦ The Court of Appeal found that Adika was not an employee of the Respondents and dismissed the appeal.
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Transport and Allied Workers Union v Kenya Bus Service Limited & another (Cause 68 of 2006) [2024] KEELRC 2481 (KLR) (11 October 2024) (Ruling)
✦ The Court orders the directors of the respondent to appear before the Court for purposes of examination pursuant to Order 22 rule 35.
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Ready Consultancy Company Limited v Kamotso & another (Appeal E018 of 2024) [2024] KEELRC 2463 (KLR) (11 October 2024) (Judgment)
✦ The 1st respondent was an employee of the appellant and the employment relationship did not cease upon the takeover by the 2nd respondent.
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Kanji v Gulf Badr Group (Kenya) Limited (Cause 82 of 2019) [2024] KEELRC 2467 (KLR) (11 October 2024) (Judgment)
✦ The Court found that the Claimant was not constructively dismissed and denied the reliefs sought.
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Nyahi v Kenya Ports Authority (Miscellaneous Application E058 of 2024) [2024] KEELRC 2457 (KLR) (11 October 2024) (Ruling)
✦ The application is declined, and no orders on costs are made.
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Rono v Delish Nail and Beauty Limited (Cause E038 of 2023) [2024] KEELRC 2472 (KLR) (11 October 2024) (Judgment)
✦ The Claimant’s employment was unlawfully terminated.
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Ibwaga & 84 others v Attorney General (Employment and Labour Relations Petition E071 of 2023) [2024] KEELRC 2516 (KLR) (11 October 2024) (Ruling)
✦ The court denied the Petitioners' application for review
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China Civil Engineering Construction Corporation (Kenya) Limited v Wanyonyi (Appeal E071 of 2024) [2024] KEELRC 2468 (KLR) (11 October 2024) (Judgment)
✦ The termination of employment was fair, and the respondent is not entitled to severance pay or other claims.
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Bolo v SBM Bank Limited (Cause 757 of 2019) [2024] KEELRC 2485 (KLR) (11 October 2024) (Judgment)
✦ The termination was found to be procedurally unfair due to typographical errors and lack of procedural fairness. The termination was also found to be substantively unfair.
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Silet v Kenya Ports Authority (Miscellaneous Application E054 of 2024) [2024] KEELRC 2456 (KLR) (11 October 2024) (Ruling)
✦ The court should adopt the award by the Director dated 7 March 2023 with interests