Kenyan case law
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Peter Odhiambo Obuya v Kibos Sugar & Allied Industries [2014] KEELRC 789 (KLR)
✦ The claimant was terminated by the respondents and the termination was unfair and unjustified.
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Peter Lichungu v Kenya Power And Lighting Company (Cause 1169 of 2012) [2014] KEELRC 722 (KLR) (30 January 2014) (Ruling)
✦ Claim dismissed with no order on costs
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Kenneth Kimani Mburu & another v Kibe Muigai Holdings Limited [2014] KEELRC 723 (KLR)
✦ The Claimants were constructively dismissed and are entitled to damages.
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Reuben Elisha Omulama & 3 others v Pritpal Singh [2014] KEELRC 719 (KLR)
✦ The application dated December 4, 2013, is allowed. The proceedings of the ex parte hearing on February 4, 2013, and subsequent orders are vacated. The parties are to fix a date for a fresh hearing at the Registry.
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Jane Wanjiku Thige v City Council Of Nairobi [2014] KEELRC 781 (KLR)
✦ Termination was unfair due to lack of due procedure
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Kenya Plantation & Agriculture Workers Union v Coffee Research Foundation [2014] KEELRC 721 (KLR)
✦ The court finds the Respondent's conduct in violation of the Employment Act and the CBA, and directs the Respondent to implement the CBA, pay underpayment of wages, and provide redundancy benefits.
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John Mwaniki Kilumo v Versus K.A.K Enterprises [2014] KEELRC 714 (KLR)
✦ The court upheld the award of compensation and dismissed the Respondent's application to set aside the award.
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David Mwangi Gioko & 43 others v Nairobi City Water And Sewerage Company [2014] KEELRC 716 (KLR)
✦ The Court declines to order payment of Kshs.45,242,786.30 in arrears of salaries and allowances, and instead orders the 42 successful claimants to be paid the items ordered in the first award, less Kshs.4,229,425 already paid.
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Kenya Plantations & Agricultural Workers Union v Hellena Farm Ltd [2014] KEELRC 787 (KLR)
✦ The court finds for the claimant and orders him to be paid 1 Month pay in lieu of notice, underpayment of wages, leave for 2011, severance pay, and damages for unlawful termination.
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Elijah Kipkoros Tonui v Ngara Opticians T/A Bright Eyes Limited [2014] KEELRC 715 (KLR)
✦ The Court finds that the Claimant was an employee of the Respondent and awards service pay of Kshs. 403,846.15 and annual leave pay of Kshs. 22,615.30.
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Kenya Union Of Domestic,Hotels Educational Institutions And Hospitals v Embakasi Girls Secondary School [2014] KEELRC 786 (KLR)
✦ The Court did not make any orders for costs.
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Bakery, Confectionery, Food Manufacturing and Allied Workers’ Union (K) v Milly Fruit Processors Limited [2014] KEELRC 939 (KLR)
✦ The review application is dismissed. The court award is upheld, but the court directs the Respondent to pay from its kitty all the money it would have, except for its refusal/failure/negligence, deducted from its employees' wages and remitted to the trade union dues since the month the employees first joined the claimant.
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Joseph Nderitu Chege v Postal Corporation of Kenya [2014] KEELRC 777 (KLR)
✦ The claimant's suspension was unfair and the disciplinary process was not in accordance with due process.
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Rift Valley Railways Workers Union v Rift Valley Railways (Kenya) Limited & another [2014] KEELRC 775 (KLR)
✦ The Court ruled that the Claimant is not entitled to union dues because no Ministerial Order for deduction and remittance of union dues was obtained. The 1st Respondent was directed to commence deduction and remittance of union dues to the Claimant on account of all employees whose resignation letters and check off forms will have been received by the 1st Respondent.
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Timothy Makau Muli v Meridian Patisserie Limited (Cause 1374 of 2011) [2014] KEELRC 732 (KLR) (Civ) (24 January 2014) (Award)
✦ The Court finds the claimant entitled to service pay, annual leave pay, and leave travelling allowance based on 14 years of service.
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Kayum Khan v International Commercial Company (K) Ltd [2014] KEELRC 910 (KLR)
✦ The application for stay of proceedings is dismissed. The judge's disqualification application is also dismissed. The claimant is ordered to take hearing dates at the registry.
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Jaspher Basweti Mairongi v Tusker Mattresses Limited [2014] KEELRC 734 (KLR)
✦ The Respondent's decision to terminate the Claimant's contract was fair and reasonable.
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John Osewe Ogola & 47 others v Raghbir Singh Sadhu T/A Hotel Royale [2014] KEELRC 785 (KLR)
✦ The court will not blindly adopt the recommendation of an Alternative Dispute Resolution process as it must be bound by the national wage guidelines on minimum wages and standards of employment.
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Nathan Ozige Olira v Eldoret Grain Limited [2014] KEELRC 774 (KLR)
✦ The execution orders and certificate of taxation issued against the Respondent on 18th June 2013 are set aside, and a mutually convenient date for a fresh taxation of the Claimant's bill of costs is directed.
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M M v C K K [2014] KEELRC 736 (KLR)
✦ The Claim is dismissed with no order on the costs.
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Carol Adhiambo Olela v Asterisk Limited [2014] KEELRC 731 (KLR)
✦ Claimant's claims for terminal benefits and compensation are without legal and factual foundation. Respondent's counterclaim for notice pay is allowed.
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Christopher Mutunga Munywoki & 3 others v Kenblest Limited [2014] KEELRC 784 (KLR)
✦ The Preliminary Objection is overruled, and the claims are properly before the Court.
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Pauline Njeri Bwibo v Jan Rundgren Ingegerd Gustafsson t/a Swedish Dental Clinic Laboratory [2014] KEELRC 690 (KLR)
✦ The Court finds the Claimant's case has no merit and dismisses it with no order on costs.
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David Mwaniki Kibe v AIC Cure International Children's Hospital [2014] KEELRC 771 (KLR)
✦ The Claimant's Memorandum of Claim dated 22nd May 2013 and filed in Court on 4th June 2013 is incompetent and unsustainable and is hereby struck out with no order for costs.
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Charles Aput Otieno v Telkom Kenya Limited [2014] KEELRC 675 (KLR)
✦ The Court finds termination was fair and justifies the decision based on valid grounds and a fair procedure.