Kenyan case law
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David Mwangi & 349 others v Council of Governors & 5 others; Kenya National Union of Nurses & another (Interested Parties) [2021] KEELRC 1109 (KLR)
✦ The court dismisses the petition as res judicata and an abuse of the court process.
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Benjamin Menza Kirimo v Kilifi County Public Service Board & another [2021] KEELRC 1200 (KLR)
✦ Claimant's Motion is declined with costs
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Njoka Muturi Gathimba v Kirinyaga Water & Sanitation Company [2021] KEELRC 1088 (KLR)
✦ The termination of the employment of the claimant by the respondent was not wrongful, unfair and unlawful.
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Kipatia Lekarkar & 9 others v Deputy County Commissioner,Samburu Central Sun-County; Philip Leparsulan & 5 others (Interested Parties) [2021] KEELRC 1121 (KLR)
✦ The court finds the 1st Interested Party qualified for the position of chief, Amaiya Location and the recruitment process was not discriminatory or flawed.
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Patrick Mwangi Maina & 2 others v Kenya Union of Post Primary Education Teachers (Kuppet) & 2 others [2021] KEELRC 1126 (KLR)
✦ The claimant is not barred from seeking redress to court under the constitution of the 1st Respondent's constitution.
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Kenneth Njagi Mburia & 4 others v Tharaka Nithi County Government [2021] KEELRC 1107 (KLR)
✦ The application is allowed, and the court orders that each party bears their costs of the application.
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Alex Muriithi Nkanda v National Police Service Commission & 2 others [2021] KEELRC 1104 (KLR)
✦ The court finds no violation of the petitioner's rights and dismisses the petition.
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Racheal Muthoni Wanyoike & another v Mentor Sacco Society Limited [2021] KEELRC 1112 (KLR)
✦ The petition fails the test of specificity and is fatally defective, thus should be struck out in limine.
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Republic v Public Service Commission, Ex-Parte; County Government of Laikipia; Laikipia County Public Service Board & another (Interested Parties) [2021] KEELRC 1091 (KLR)
✦ The court finds a case of a free and fair appeal process that was not riddled with any bias and dismisses the application with costs to the Respondent and 2nd Interested Party.
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Ali Jarso Wako & another v Principal Secretary Ministry of Interior & Coordination of National Government & 5 others; Public Service Commission & 5 others (Interested Parties) [2021] KEELRC 1118 (KLR)
✦ The court finds no violation of the rights of the Petitioners in the recruitment process.
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Kenya Union Of Commercial, Food & Allied Workers v Ivinge Farmers Cooperative Society [2021] KEELRC 1094 (KLR)
✦ The claimant is not entitled to the relief sought, and the Respondent is ordered to pay Kshs.195,732.00 in terminal benefits.
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Patricia Wairimu Munene v County Public Service Board, Kirinyaga County & another [2021] KEELRC 1122 (KLR)
✦ The preliminary objection fails as the petitioner's case overwhelms that of the respondent. Section 77 of the County Government Act is self-defeating and should be re-considered.
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Joseph Mutuku Kyalo & 111 others v Devki Steel Mills Limited [2021] KEELRC 1142 (KLR)
✦ The suit will proceed for hearing on 5th August 2021 before any of the newly appointed ELRC Judges.
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Kenya Dairy Board v Eunice Nyaga [2021] KEELRC 1113 (KLR)
✦ The court allows the application and orders that each party bears the costs of the application.
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Leonard Majau Miriti F M’miriti v Tharaka Nithi County Public Service Board & another [2021] KEELRC 1124 (KLR)
✦ The termination of the employment of the Claimant by the Respondent was not wrongful, unfair, or unlawful.
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Samson Okulo Sigunda & another v Skyplus Solutions Limited [2021] KEELRC 1131 (KLR)
✦ The Court finds the Claimants' claim for unpaid salary and costs valid and orders Skyplus Solutions Limited to pay Kshs. 57,000/- to the 1st Claimant, Kshs. 19,000/- to the 2nd Claimant, and Kshs. 30,000/- as costs.
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Kenya Union of Nurses v Murang’a County Public Service Board & another [2021] KEELRC 1115 (KLR)
✦ The court ordered the respondents to pay the claimant an amount of Kshs.765,001.35 and any un-deducted and unremitted union dues for the claimant up to date.
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Kelvin Gitonga Kinyua v Kenya Methodist University [2021] KEELRC 1106 (KLR)
✦ The claim is dismissed with costs to the Respondent.
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Protus Wanjala Mutike v Anglo African Properties t/a Jambo Mutara Lodge Laikipia [2021] KEELRC 1084 (KLR)
✦ The court found that the claimant has not proved his case for unfair termination on a balance of probability.
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Kenya Local Government Workers Union & another v Muranga County Government & another [2021] KEELRC 1111 (KLR)
✦ The termination of the employment of the grievant was not unlawful, unfair, or unprocedural.
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Khalsa Schools & 2 others v Samuel Odhiambo Otieno [2021] KEELRC 1198 (KLR)
✦ The court granted leave to appeal out of time and stayed execution of the judgment pending the hearing and determination of the appeal.
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Jackson Mainga Mtungi v Shiva Carriers Limited [2021] KEELRC 1183 (KLR)
✦ The termination was not unfair and the claimant is entitled to compensation for annual leave and 25% of the costs of the suit.
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Kenya National Aviation Workers Union v KLM Royal Dutch Airlines / Airfrance; Transport Workers Union-Kenya (Intended Interested Party) [2021] KEELRC 1178 (KLR)
✦ The Court declines the application for mandatory injunctions and joins the Intended Interested Party as an interested party. The parties are ordered to file and exchange pleadings and documents within 30 days and to schedule a full hearing.
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Naomi Connie Lusiche v Barclays Bank of Kenya [2021] KEELRC 1205 (KLR)
✦ Termination was unfair due to lack of valid reasons but fair on procedure. Compensation awarded for unfair termination and notice pay.
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Juma Bati Chuphi v Leisure Lodge Limited [2021] KEELRC 1185 (KLR)
✦ The Court finds that the claimant was a casual employee and his contract of service ended at the close of the day. The respondent had no obligation to assure him employment on the next day. The claimant's evidence was incoherent on the date of termination and he could not be trusted. Judgment is entered for the respondent with costs.