Kenyan case law
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Kedar Builders Limited v Sammy (Appeal E043 of 2021) [2022] KEELRC 4150 (KLR) (29 September 2022) (Judgment)
✦ The appeal is allowed on ground 2, the trial court shall consider the appellant's submissions and deliver a fresh judgment to the parties.
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Muriki v Methodist Church in Kenya Registered Trustees & 2 others (Cause 853 of 2016) [2022] KEELRC 4146 (KLR) (29 September 2022) (Judgment)
✦ The Court declines the Claimant's claim and the Respondents' counterclaim.
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Kenya County Government Workers Union v County Government of Mandera & another; Kombe & another (Intended Respondent) (Cause 958 of 2018) [2022] KEELRC 4076 (KLR) (29 September 2022) (Ruling)
✦ The applications are declined, and costs are awarded to the respondents and the intended respondents.
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Kuliba v Sandu & another (Cause 15 of 2018) [2022] KEELRC 4127 (KLR) (29 September 2022) (Judgment)
✦ The court found the termination unfair and unlawful, and awarded the claimant compensation and other remedies.
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Karani v Sunflag Textile & Knitwear Mills Ltd (Cause 1199 of 2017) [2022] KEELRC 4073 (KLR) (29 September 2022) (Judgment)
✦ The dismissal was both substantively and procedurally unfair, and the claimant is awarded ten (10) months' salary in compensation and two (2) months' salary in lieu of notice.
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Okuwa & 6 others (As Interim Officials of Kenya Management Staff Union) v The Registrar of Trade Unions (Appeal E046 of 2021) [2022] KEELRC 4863 (KLR) (29 September 2022) (Judgment)
✦ The court finds the grounds for refusal unjustified and unreasonable, and the refusal violated the appellants' constitutional rights.
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Kulundu v Chic Fashions Limited (Cause 2128 of 2016) [2022] KEELRC 4043 (KLR) (29 September 2022) (Judgment)
✦ The court declares termination unfair and orders the respondent to pay compensation, service, notice pay, and issue a service certificate.
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Ameriken Limited v Moraa Nyamwange & another (Appeal E079 of 2020) [2022] KEELRC 12691 (KLR) (29 September 2022) (Judgment)
✦ The appeal is partly allowed, and the judgment of the trial court is adjusted to grant the respondents compensation equivalent of 5 months' salary each, at Kshs 57,500.
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Mutisya v Co-operative Society Limited (Cause E6534 of 2020) [2022] KEELRC 12721 (KLR) (29 September 2022) (Judgment)
✦ Judgment is entered for the claimant, declaring the termination unfair and awarding compensation, notice pay, leave pay, and unpaid salaries.
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Ng’ang’a v Robinson Investment Ltd T/A Robinson Security Guards (Employment and Labour Relations Cause 169 of 2016) [2022] KEELRC 4106 (KLR) (29 September 2022) (Judgment)
✦ The court finds that the dismissal of the claimant by the respondent was unreasonable, unfair, and unlawful. The claimant is awarded one month's gross salary in lieu of notice, compensation for unfair and unlawful termination, and costs of the cause.
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Esakwa & 14 others v Mwendwa ((sued through its President Nick Mwendwa, Vice President Petra Doris and C.E.O Barry Otieno)) (Cause 1370 of 2016) [2022] KEELRC 4079 (KLR) (29 September 2022) (Ruling)
✦ The court found that the consent filed on November 29, 2019 was not vitiated by fraud or misrepresentation, and the 2nd claimant did not consent to it.
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Olare v Tononoka Rolling Mills Limited (Cause 1573 of 2016) [2022] KEELRC 12714 (KLR) (29 September 2022) (Ruling)
✦ The court dismisses the claimant's application and finds no good cause to maintain the matter.
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Kambo v SYBL Kenya Limited (Cause 1505 of 2016) [2022] KEELRC 12695 (KLR) (29 September 2022) (Judgment)
✦ The claim is declined. The court found that the termination was not unfair and that the claimant failed to establish that termination was instigated by the respondent.
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Magnam Environmental Network v Onyango & 4 others (Petition 3 of 2022) [2022] KEELRC 12762 (KLR) (29 September 2022) (Ruling)
✦ The court declines the preliminary objection and does not find the petition to be res judicata or sub-judice.
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Kenya Union of Commercial, Food and Allied Workers Union v National Social Security Fund (Cause E172 of 2022) [2022] KEELRC 12726 (KLR) (29 September 2022) (Ruling)
✦ The application is dismissed. The new human resource policy and guidelines are implemented.
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Bhassar v Kensalt Limited (Cause 1416 of 2018) [2022] KEELRC 4080 (KLR) (29 September 2022) (Ruling)
✦ The judgment in favor of the claimant is upheld, and the respondent is ordered to pay certain amounts pending the appeal.
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Federation of Kenya Employers v National Health Insurance Fund Management Board & 4 others; Saratuki & another (Interested Parties) (Petition E066 of 2022) [2022] KEELRC 4141 (KLR) (29 September 2022) (Ruling)
✦ The court held that the petition raises substantial questions of law and that the petition and application for conservatory orders should be referred to the Chief Justice for assignment of an uneven number of judges.
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Mwabado v Surraj Purr Limited (Cause 367 of 2016) [2022] KEELRC 4110 (KLR) (29 September 2022) (Ruling)
✦ The application is dismissed with costs
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Cheteri v China National Aero Technology International Engineering Corporation Ltd (Cause 1726 of 2016) [2022] KEELRC 4037 (KLR) (29 September 2022) (Judgment)
✦ Claimant's termination was unfair and unlawful, and he is entitled to compensation and interest
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Muchiri v Crescent Tech Limited (Petition 95 of 2018) [2022] KEELRC 4020 (KLR) (29 September 2022) (Judgment)
✦ The court found the dismissal to be lawful and fair, and denied the petitioner's claims.
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Langat v Kenya Pooled Water Fund & another (Cause 232 of 2018) [2022] KEELRC 4041 (KLR) (29 September 2022) (Judgment)
✦ The court dismisses the claimant's contract termination and constitutional rights violation claims, but orders the dismissal of the respondents with costs.
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Mark Busuru & another v IUCN & another (Employment and Labour Relations Petition 44 of 2017) [2022] KEELRC 12724 (KLR) (29 September 2022) (Ruling)
✦ The respondent's application to expunge the documents is dismissed with costs
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Maina v Kenya Fire Appliances Company Limited (Cause E215 of 2021) [2022] KEELRC 12795 (KLR) (29 September 2022) (Ruling)
✦ The court grants the applicant leave to file the memorandum of defence and supporting documents within 21 days of this ruling. The proceedings are not set aside but the applicant shall obtain the record and cross-examine the claimant followed by presentation of the defence case on a date to be allocated by the court.
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Ikonya v Unga Farm Care East Africa Limited (Cause 50 of 2015) [2022] KEELRC 12800 (KLR) (29 September 2022) (Judgment)
✦ The termination was unfair as the employer failed to prove the reason for termination was valid and fair.
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Biko v National Bank of Kenya Limited (Cause 1072 of 2016) [2022] KEELRC 4044 (KLR) (29 September 2022) (Judgment)
✦ The dismissal was based on valid reason but flawed procedure, and the Claimant is awarded compensation for unfair termination.