Kenyan case law
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Parmenas Kathuri Ngari v Ags Worldwide Movers (K) Ltd [2014] KEELRC 810 (KLR)
✦ The Claimant's application for review is successful, but only to the extent that the Claimant is paid two days' salary for March 2010 in addition to the payments ordered in the award.
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Bumali Musana v Bhayani Nursery & Primary School [2014] KEELRC 806 (KLR)
✦ The termination was unfair and the claimant is entitled to reinstatement and compensation.
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Michael Kiboi Gatumia v Mastermind Tobacco (K) Limited [2014] KEELRC 816 (KLR)
✦ Application dismissed, costs awarded to the claimant
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Joseph Okoth Opiyo v Teachers Service Commission [2014] KEELRC 807 (KLR)
✦ The application for stay of execution is granted on condition that the decretal sum is deposited in an interest earning account held in joint names of the parties within 30 days.
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Augustino Joech Mathayo v Gurdeep Walia & another [2014] KEELRC 801 (KLR)
✦ There is no established employment relationship between the parties, and the claimant's case collapses.
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Kudheiha Workers v Gerald Mwangi [2014] KEELRC 656 (KLR)
✦ The stay of execution is denied with costs awarded to the claimant due to the respondent's inordinate delay in serving and prosecuting the application.
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James Onduko v Computer For School Kenya [2014] KEELRC 800 (KLR)
✦ The court finds the termination of the claimant's employment to be wrongful and unfair.
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Joseph Kioko Mbithi v African Auto Suppliers Limited [2014] KEELRC 627 (KLR)
✦ Termination was unfair due to procedural violations, and the Respondent is ordered to pay 1 month salary in compensation at Kshs. 11,500.
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Kenya Union Of Commercial Food And Allied Workers v Meru North Farmers Sacco Limited [2014] KEELRC 813 (KLR)
✦ The termination of the grievant was unfair due to the respondent's failure to comply with the mandatory provisions of section 41 of the Employment Act, which requires an employer to inform the union representative before terminating an employee.
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Paul Ngotwa v Telkom Kenya Limited [2014] KEELRC 798 (KLR)
✦ The Court of Appeal's order directing the Respondent to invoke the redundancy law to determine the Claimant's terminal benefits is upheld.
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Philomena Nthenya Mwoki v Thome Wa Kahuti Bar & Restaurant [2014] KEELRC 668 (KLR)
✦ The Court finds the Claimant was not prevented from filing her Statement of Claim due to the District Labour Officer's intended prosecution. The Court has no legal justification to extend the time limit under Section 90 of the Employment Act 2007. The Claimant should pursue the prosecution of her former employer at the District Labour Office and her terminal benefits under the Labour Relations Act No. 14 of 2007.
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Julius Okello v Payless Car Hire And Tours Limited [2014] KEELRC 663 (KLR)
✦ Claimant's resignation was voluntary, and he is awarded 37 days of annual leave and salary for February 2009, totaling Kshs. 153,832.
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John Benson Githinji v Attorney General & 4 others [2014] KEELRC 660 (KLR)
✦ The Court finds no good ground to grant anticipatory salary for the remainder 10 years, but grants the Claimant 10 months' gross salary at Kshs. 568,880 in compensation for unfair termination.
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Jayne Nyagoha Emisembe v Nairobi County Branch of KUPPET [2014] KEELRC 657 (KLR)
✦ The Court does not think it is proper to restrain Monica Githinji without hearing her. The suspension of the Claimant is a provisional measure subject to national deliberations.
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David Mutevu & 103 others v Africa Nazarene University [2014] KEELRC 766 (KLR)
✦ The court finds the redundancy process unfair and awards each claimant 3 months' salary as compensation.
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Kenya Union Of Journalists & Allied Workers v Nation Media Group Limited [2014] KEELRC 589 (KLR)
✦ The court dismissed the respondent's application for a stay of execution and an appeal.
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Jeremiah Mutua Mutea v Standard Newspapers Limited [2014] KEELRC 661 (KLR)
✦ Claimant's claim is time-barred and improperly in court. The claim is struck out.
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Daniel Musyoki Mutua v Wema Technical Services [2014] KEELRC 667 (KLR)
✦ The Court found the termination was unfair and awarded severance pay, annual leave pay, notice pay, and compensation for unfair termination.
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Millicent Liani v Catapult Brand Consulting Limited [2014] KEELRC 796 (KLR)
✦ The application is allowed, and the Respondent's counterclaim is included in the court record.
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Bishop Bakari Kea v Evangelical Lutheran Church In Kenya (ELCK) through Walter Obare Omwanza & 2 others [2014] KEELRC 546 (KLR)
✦ The Industrial Court has jurisdiction to hear the case as the claimant is an employee of the church.
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Fredrick Owino Ogingo v Instarect Lmited [2014] KEELRC 671 (KLR)
✦ The Court awards severance pay of Kshs. 78,692 to the Claimant, to be paid within 30 days of the delivery of this Award.
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Newton K. Mkabue & 2 others v Kakamega County Government & another [2014] KEELRC 804 (KLR)
✦ The court found that the County Service Board of Kakamega had been constituted and that the respondents had authority to suspend the applicants. However, the court ruled that the applicants were not entitled to the orders sought.
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Kudheiha v B.O.G Ngaru Girls Secondary School [2014] KEELRC 791 (KLR)
✦ The claimant's exit pay is calculated based on the respondent's calculation of Kshs.355,461/60.
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David Benedict Omulama & 8 Others v Registrar Of Trade Union & Another [2014] KEELRC 642 (KLR)
✦ The appeal is dismissed as the refusal to register the appellant union was within the authority and discretion of the Registrar of Trade Unions under the repealed Constitution and the LRA, 2007.
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Richard Kiosi And Six Others v Alpharama Limited [2014] KEELRC 666 (KLR)
✦ The workers' claims are dismissed as they were not continuously employed for the alleged periods and the termination was valid.