Kenyan case law
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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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Wanderi v Judicial Service Commission (Cause 9 of 2017) [2024] KEELRC 2484 (KLR) (11 October 2024) (Judgment)
✦ The court found the termination of employment to be unfair and unlawful.
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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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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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Mugo HSC v Mugo & 2 others (Petition E006 of 2022) [2024] KEELRC 2445 (KLR) (9 October 2024) (Judgment)
✦ The court quashed the decision to suspend the petitioner and ordered the respondents to recall her back to work.
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County Government of Meru v Kenya Medical Practitioners Pharmacists and Dentists Union & 2 others; Meru County Public Service Board & 2 others (Interested Parties) (Constitutional Petition E004 of 2024) [2024] KEELRC 2449 (KLR) (9 October 2024) (Judgment)
✦ The court found that the petitioner has locus standi and that the petition meets the competence threshold. The court also found that the respondents have violated the constitutional rights of the residents of Meru and granted the relief sought.
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Kenya County Government Workers Union v Managing Director, Gatamathi Water & Sanitation Company & another (Petition E018 of 2023) [2024] KEELRC 2446 (KLR) (9 October 2024) (Judgment)
✦ The court dismissed the petition as it was not properly before the court and the grievant’s dismissal was not found to be unfair or unlawful.
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Universities Academic Staff Union v Kirinyaga University (Cause 2 of 2022) [2024] KEELRC 2448 (KLR) (9 October 2024) (Ruling)
✦ The award of Kshs. 3,686,169 is set aside as it was based on the wrong factors and without considering the relevant factors.
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Asiago v Mbatia & 2 others (Petition E075 of 2024) [2024] KEELRC 2441 (KLR) (4 October 2024) (Ruling)
✦ The court granted interim orders prohibiting the 3rd respondent from considering, appointing or otherwise implementing the recommendation of the 2nd respondent in favor of the 1st respondent with regard to an appointment of Vice Chancellor of the 2nd respondent university. The court also granted an order restraining the 1st respondent from accepting or assuming appointment or carrying out any functions of the Vice Chancellor of the 2nd respondent university as he fails to meet the standards outlined in chapter 6 of the Constitution of Kenya, 2010.
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Korir v Lawina Company Limited & 2 others (Cause 536 of 2018) [2024] KEELRC 2415 (KLR) (4 October 2024) (Ruling)
✦ The Court declines the Respondents' application to expunge the Job ID card and orders that the application be dismissed.
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Masha v Boma Hotels (Cause 2510 of 2017) [2024] KEELRC 2435 (KLR) (4 October 2024) (Judgment)
✦ The termination was consensual, and the Respondent is ordered to pay the balance of notice of 2 months, at Kshs 269,200.
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Cyprian v Kenya Forestry Research Institute (Employment and Labour Relations Cause E269 of 2021) [2024] KEELRC 2453 (KLR) (4 October 2024) (Judgment)
✦ The contract was not automatically renewed and the termination was lawful and fair.
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Abdi v Teachers Service Commission (Miscellaneous Application E027 of 2024) [2024] KEELRC 2439 (KLR) (4 October 2024) (Ruling)
✦ The court declines the application for want of jurisdiction.
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Koech v Cooperative Bank of Kenya Limited (Cause E065 of 2024) [2024] KEELRC 2429 (KLR) (4 October 2024) (Ruling)
✦ The Court finds the Respondent's Application premature and orders it to be canvassed and determined upon the full trial.
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Ngunju & 16 others v Kenya Forest Service & another (Petition E003 of 2024) [2024] KEELRC 2430 (KLR) (4 October 2024) (Ruling)
✦ The petition is res judicata as the same subject matter was previously decided in a final judgment in Petition No.E007 of 2023.
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Fondo v Kenya Chemical Workers Union (Employment and Labour Relations Cause 27 of 2019) [2024] KEELRC 2451 (KLR) (4 October 2024) (Judgment)
✦ The court finds that the Claimant voluntarily resigned from his employment.
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Universities Academic Staff Union (UASU) v Kenyatta University (Employment and Labour Relations Petition E173 of 2022) [2024] KEELRC 2447 (KLR) (4 October 2024) (Ruling)
✦ The application is found unmerited and dismissed
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Ocharo v Anti – Female Genital Mutilation Board & 2 others; Salaries and Remuneration Commission & 21 others (Interested Parties) (Petition E189 of 2023) [2024] KEELRC 2436 (KLR) (4 October 2024) (Judgment)
✦ The judgment in Petition E013 of 2021 is adopted as the judgment of the court in Petition E189 of 2023.
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Afrimac Nut Company Limited v Kamande (Employment and Labour Relations Appeal E025 of 2023) [2024] KEELRC 2427 (KLR) (4 October 2024) (Judgment)
✦ The court finds that the respondent was not absconded duty but rather was dismissed by the appellant on 3rd February 2023.
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Kimathi v Hunjan & 10 others (Cause E027 of 2023) [2024] KEELRC 2412 (KLR) (4 October 2024) (Judgment)
✦ The termination was unfair and unlawful.
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Songole v Narional City Water and Sewerage Company (Employment and Labour Relations Petition E103 of 2022) [2024] KEELRC 2452 (KLR) (4 October 2024) (Ruling)
✦ Application for review of judgment is not merited and is dismissed.
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2NK Sacco Society Limited v Irungu & 2 others (Employment and Labour Relations Appeal E019 of 2023) [2024] KEELRC 2423 (KLR) (4 October 2024) (Judgment)
✦ Respondents are employees of appellant and employment was unfairly terminated, entitling them to damages.
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Mucheru Law LLP Advocates v Cementers Limited (Miscellaneous Application E290 of 2023) [2024] KEELRC 2417 (KLR) (4 October 2024) (Ruling)
✦ The Application is dismissed as it was not attended by either party and the Advocate was not employed to prosecute or defend a matter at the E&LRC.
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Akaranga v Shah & another (Employment and Labour Relations Cause E715 of 2022) [2024] KEELRC 2454 (KLR) (4 October 2024) (Judgment)
✦ The court finds the respondent did not establish their reason for terminating the claimant from employment and there is no proof of desertion. Judgment is entered in the claimant's favour.
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Kenya Union of Commercial Food and Allied Workers v Rutuma Amalgamated Farmers Co-operative Society Limited (Cause E026 of 2023) [2024] KEELRC 2413 (KLR) (4 October 2024) (Judgment)
✦ The court found the termination to be unfair and unlawful, and ordered the reinstatement of the 15 employees and payment of severance pay.