Kenyan case law
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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.
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Cleopas Ooga v Trufoods Company Limited [2017] KEELRC 1310 (KLR)
✦ The dismissal was substantively and procedurally unfair, and the Claimant is awarded six months' salary in compensation, one month's salary in lieu of notice, and salary for 24 days in December 2010.
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Kenya Building, Construction, Timber, Furniture & Allied Industries Employees Union v Imara Enterprises [2017] KEELRC 1223 (KLR)
✦ The Court finds the employees were dismissed without due process and awards compensation for underpayment, notice, damages, and service pay.
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David Nyanjui Mburu v Sunmatt Limited [2017] KEELRC 1213 (KLR)
✦ The dismissal was unfair and the due process was not followed.
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Davis Sokoto Nanyamal v Church World Service (CWS)/Resettlement Support Centre (RSC) Africa [2017] KEELRC 1218 (KLR)
✦ The dismissal was fair and justified as the Claimant was given a chance to be heard and found to have been involved in misconduct.
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Paul Odhiambo Oswago v Molyn Credit Limited [2017] KEELRC 1203 (KLR)
✦ The court will proceed on merit and the respondent will pay the claimant Kshs.20,000/- as thrown away costs before the hearing.
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Kenya Union Of Entertainment And Music Industry Employees v Bomas Of Kenya Limited [2017] KEELRC 1204 (KLR)
✦ The Court finds that the claim by the Claimant for payment of agency fees from non-members who have moved to another union is not tenable and is therefore rejected.
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Peter Matata v Midland Energy Limited [2017] KEELRC 1216 (KLR)
✦ The termination was unfair and unjustified.
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Presquella Adhiambo v Golden Biscuit Limited [2017] KEELRC 1230 (KLR)
✦ Both the Respondent's review application and the Claimant's cross review are dismissed.
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Cornel Otieno Otieno & another v Midland Energy Limited [2017] KEELRC 1211 (KLR)
✦ The Court finds the termination of the Claimants unfair and unjustified, and awards them 1 month's salary in lieu of notice, outstanding one year leave, service pay, general damages, and costs.
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Polly Jennifer Mwonjaru & another v Vision Empowerment Training Institute & another [2017] KEELRC 1303 (KLR)
✦ The Respondents' application is dismissed with costs to the Claimants, and the deponent is summoned to explain the contradiction in her affidavits.
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Felix Luvanda Mwiritsa v Cabinet Secretary Ministry of Information, Communication and Technology & 2 others [2017] KEELRC 1208 (KLR)
✦ The orders sought are Interlocutory orders pending the hearing and determination of the suit. The orders given for payment of October 2016 salary were complied with. The pending orders for reinstatement are final orders and should not be given at the Interlocutory stage.
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Ndungu v Kenol Kobil Limited (Cause 534 of 2014) [2017] KEELRC 1039 (KLR) (31 May 2017) (Judgment)
✦ The termination was found to be discriminatory. The claimant was awarded 12 months' salary as compensation for unfair termination. The indemnity signed by the claimant was deemed unclear and not specific to the parameters that the claimant would not pursue.
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Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVACO) v Kenya Union of Commercial Food and Allied Workers (KUCFAW) [2017] KEELRC 1207 (KLR)
✦ The Court allowed the application, reviewed the Judgment and Ruling, and modified the benefits due to retirees.
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Kenya Union of Domestic, Hotels, Educational, Institutions, Hospitals and Allied Workers Union v Fig Tree Hotel Limited [2017] KEELRC 1219 (KLR)
✦ The Court finds the Claimant was unfairly dismissed and orders the Respondent to pay the Claimant terminal dues and service pay.
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Kenya Union of Domestic Hotels Educational Institutions, Hospitals and Allied Workers v Consolata Hospital [2017] KEELRC 1264 (KLR)
✦ The suit is dismissed with no orders on costs as it was filed outside the time of limitation as prescribed in section 90 of the Employment Act, 2007.
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Benedict Esiromo Emacar v Kenya Postel Directories Limited [2017] KEELRC 1307 (KLR)
✦ The termination of the Claimant's employment was lawful and fair, and the Claimant is not entitled to the remedies sought.
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Kenya Union of Pre-Primary Education Teachers v Stephen Mwangi Ireri & another [2017] KEELRC 1263 (KLR)
✦ The court finds the termination unlawful and unfair, and orders reinstatement with full wages and benefits.
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Daniel Wanjohi Mwangi v Chuna Cooperative Savings and Credit Society Limited [2017] KEELRC 1313 (KLR)
✦ The surcharge and interdiction letters are nullified, and the Claimant is reinstated to his position of Accountant.
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Jonathan Patrick Ondieki Nyangau v Nairobi Water & Sewerage Co Ltd [2017] KEELRC 1321 (KLR)
✦ The Respondent's failure to attend the hearing was excusable and the Court made orders for cross-examination and witness statements.
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Mwangi Murage Mwaniki v Nairobi Glory Palace Hotel Limited (Cause 1369 of 2015) [2017] KEELRC 1317 (KLR) (Employment and Labour) (26 May 2017) (Judgment)
✦ The dismissal was substantively and procedurally unfair, and the Claimant is awarded 12 months' salary in compensation and other allowances.
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James Nyangiye & others v Attorney General [2017] KEELRC 733 (KLR)
✦ The court awards the claimants the quantum of their claims as per the table provided.
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London Distillers (K) Limited v Kenya Union of Commercial Food and Allied Workers [2017] KEELRC 1318 (KLR)
✦ The 27 employees are employees of the Claimant. The Claimant is directed to effect the 2nd instalment of the 17% wage increment in favor of the 27 employees within 30 days from the date of this ruling.
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Joshua Ochieng Ochiel v Kenya Revenue Authority [2017] KEELRC 1277 (KLR)
✦ The petition is dismissed in its entirety with costs to the respondent.
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Kudheiha Workers v Kangema High School [2017] KEELRC 1328 (KLR)
✦ The application for review is dismissed with costs. The decree will stand as the agreement on the 6 months' pay for compensation was founded upon the respondent's inordinate delay in releasing the grievants' terminal benefits, which was an unfair labour practice.