Kenyan case law
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Joseph Ndarawe Mohammed v Arm Cement [2017] KEELRC 1210 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay the Claimant 1 month wages in lieu of notice, compensation for unfair termination, annual leave pay, and service pay.
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Mwangovi Ngala Kambi v Arm Cement formerly known as Athi River Mining Limited [2017] KEELRC 1202 (KLR)
✦ Termination was unfair, and the Respondent must pay compensation for unfair termination, 1 month wages in lieu of notice, and 84 days of annual leave pay.
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Emmanel Thoya Katana v Kassam Hauliers Ltd [2017] KEELRC 1021 (KLR)
✦ The dismissal was unfair.
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Abinja Kina Ireri v Board of Management, S.A Kyeni Girls Secondary School [2017] KEELRC 1221 (KLR)
✦ The termination was unfair and unlawful due to the lack of consultation in setting the retirement age at 55 years. The claimant is entitled to Kshs. 277,200 as refund of the money unfairly deducted from her final dues.
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Nyundo Katemboh v Kwale Water & Sewarage Company [2017] KEELRC 964 (KLR)
✦ Claimant is entitled to gratuity for the last contract term and the extension period.
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Cyrus Ireri Daniel v Kenya Power & Lighting Company Limited [2017] KEELRC 1227 (KLR)
✦ The court finds the termination of the claimant's employment to be wrongful, unfair, and unlawful. The claimant is reengaged in the respondent's service as an Artisan Mate III in Operations & Maintenance Department based at Nyeri Branch, Mt. Kenya Region with effect from June 15, 2017, with full benefits and leave of absence without pay from January 15, 2015, to June 15, 2017. Alternatively, the respondent is ordered to pay the claimant 8 months' gross salaries at Kshs.154,104.30 per month, making a total of Kshs.1,232,834.40, with interest at court rates until full payment.
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Ahmed Abubakar Miraj v Bamburi Cement [2017] KEELRC 978 (KLR)
✦ The claimant's motion is dismissed for want of merits.
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Muriuki v Judicial Service Commission (Cause 31 of 2014) [2017] KEELRC 1222 (KLR) (9 June 2017) (Judgment)
✦ Dismissal was unfair and unlawful
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Lydiah Wambui Wahome v 2nk Sacco Society Limited & another [2017] KEELRC 979 (KLR)
✦ The termination of the claimant's services was fair.
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Mangale Mwadzame Kuta v Rapid Kate Services Ltd [2017] KEELRC 959 (KLR)
✦ The court found the termination unfair as the respondent failed to prove the loss of fertilizer bags and did not follow the mandatory fair procedure as per Section 41 of the Employment Act.
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Abyssinia Iron & Steel limited v Kenya Engineering Workers Union [2017] KEELRC 854 (KLR)
✦ The application is dismissed. There shall be no orders for costs on the application.
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Kenya Council of Employment and Migration Agencies v National Police Service Commission & 8 others [2017] KEELRC 1192 (KLR)
✦ The Court upholds the Deputy Registrar's ruling to strike out the Bill of Costs filed by the Applicant and directs that the parties proceed and mention the matter before Court for directions and hearing.
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Johnson Oduor Onyango v Maseno West Sacco Society [2017] KEELRC 851 (KLR)
✦ The suspension was declared unlawful and unconstitutional, and the Claimant was ordered to be reinstated as the Chief Executive Officer of Lake Victoria North Water Services Board.
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Kenya Building Construction Timber and Furniture Indusries Employees Union v Deco Roofing Systems Limited [2017] KEELRC 367 (KLR)
✦ The court finds the claim statute barred and dismisses the suit.
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Charles Owino Odero v D Manji Construction Limited [2017] KEELRC 1992 (KLR)
✦ The termination was procedurally unfair as no specific notice was given to the Claimant, and the Claimant was not identified as one of the affected employees.
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Samuel Omondi Adera v Aga Khan Hospital Kisumu [2017] KEELRC 845 (KLR)
✦ The termination was unfair as the Respondent did not comply with section 41 of the Employment Act and the treatment was not in accordance with justice and equity.
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Muthaura Mugambi Ayugi & Njonjo Advocates v Quest Laboratories Limited [2017] KEELRC 399 (KLR)
✦ Judgment is entered for the Applicant for the sum of Kshs.159,544.02 in accordance with the Certificate of Costs, with interest at 14% per annum from 23rd March, 2016 until paid in full.
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Kenya County Government Workers Union v County Government of Machakos & another [2017] KEELRC 288 (KLR)
✦ The Petitioner's standing is upheld as it has a recognized collective bargaining agreement with the Respondents.
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Maximila Bushuru v Anvi Emporium Limited [2017] KEELRC 860 (KLR)
✦ The Court finds that the Claimant has not proved unfair termination of her employment.
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Richard Nyaundi Marasi v Board of Management, Geturi Mixed Secondary School [2017] KEELRC 826 (KLR)
✦ The court found that the indefinite suspension did not amount to constructive dismissal, and the dismissal was not unfair, unlawful, or an unfair labour practice.
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Kenya Petroleum Oil Workers Union v Kenol Mahavir Service Station & another [2017] KEELRC 829 (KLR)
✦ The court ordered the Respondent to sign a recognition agreement and commence collective bargaining negotiations within 30 days, and to stop interfering with the Claimant's members' rights.
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Emmanuel Joshua Wafula v Chairman B O G Nawanga Girls High School & another [2017] KEELRC 836 (KLR)
✦ The dismissal was unfair due to lack of procedural fairness and the employer failed to prove valid reasons for dismissal.
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Kenya Union of Domestic Hotels Educational Institutions Hospitals and Allied Workers v Ortum Secondary School [2017] KEELRC 863 (KLR)
✦ The indefinite suspension was unlawful and the refusal to reinstate the employee following his acquittal constituted unfair dismissal.
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Roselyne Atieno Ogolla v Kibos Sugar Industries &Allied; Industries Limited (Cause 39 of 2014) [2017] KEELRC 861 (KLR) (8 June 2017) (Judgment)
✦ The court finds the termination of employment unfair and awards compensation of 4 months' salary, one month's notice pay, and annual leave from February 2009 to June 2011.
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Kenya Hotels & Allied Workers Union v Laughing Buddha Cafe & Launge [2017] KEELRC 840 (KLR)
✦ The court found that the director of the respondent, Mr. Nana Gadia, disobeyed the court's orders and issued an order for contempt.