Kenyan case law
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Corporal John Kamotho Murage v Attorney General & 2 others [2016] KEELRC 1222 (KLR)
✦ The court finds the decision to retire the petitioner was not a fair administrative action and the petitioner is entitled to lost earnings and compensation.
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Alex Ngotho Mbugua v Kenya Airways Limited [2016] KEELRC 1184 (KLR)
✦ The application lacks merit and is dismissed.
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Kinyua Muyaa & Co. Advocate v KPA Pension Scheme & 8 others [2016] KEELRC 1261 (KLR)
✦ The Motion is dismissed with leave to appeal
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Joseph R. Matoka v Severin Sea Lodge [2016] KEELRC 1271 (KLR)
✦ The court finds that the termination of the claimant's employment was unfair, unlawful, and wrongful.
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Kenya Plantation & Agricultural Workers Union v Karuturi Limited(In Receivership) & another [2016] KEELRC 1255 (KLR)
✦ The Court dismissed both applications and directed the parties to go for conciliation before the Commissioner for Labour.
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Alex Kidagi v Jonathan Petrol Station Limited [2016] KEELRC 1185 (KLR)
✦ The court finds in favor of the claimant, awarding him terminal benefits, unpaid salary, and severance pay, totaling Kshs. 282,265.80.
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Johnson Ngonto & 8 Others v Peponi Hotel Limited [2016] KEELRC 1258 (KLR)
✦ Court will not set aside stay order or release deposited sum, but will direct Deputy Registrar to supply typed proceedings and judgment within 30 days.
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Dorica W. Mchawia v Severin Sea Lodge Ltd [2016] KEELRC 1270 (KLR)
✦ The termination was found to be unfair and wrongful due to the lack of proper notice and the failure to follow the mandatory provisions of the Employment Act. The claimant is awarded 8 months salary as compensation for unfair termination.
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Paul Thuku Gachora v Naivas Company Ltd [2016] KEELRC 1268 (KLR)
✦ The dismissal was procedurally unfair and the Court awards the Claimant 1 month's notice pay, wages for January 2012, and 5 months' compensation for service.
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Henry C. Langat v Naivas Company Ltd [2016] KEELRC 1250 (KLR)
✦ dismissal was procedurally unfair
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Daniel Nyamongo Matoka v Moi Teaching & Referral Hospital [2016] KEELRC 1266 (KLR)
✦ termination of employment was procedurally fair, valid and fair reasons were provided, reinstatement is unavailable, pay in lieu of notice is not available, compensation is legally untenable, and the Claimant is entitled to unpaid wages during suspension
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Muriel Ogoudjobi v Mara Ison Technologies Kenya Limited [2016] KEELRC 1176 (KLR)
✦ The court reviews its judgment and includes an order for accrued leave of 59 days being US$ 13,845.
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Mombasa Apparels (EPZ) Limited v Tailors and Textiles Workers Union [2016] KEELRC 1257 (KLR)
✦ Both motions are struck out, and each party is to bear their own costs.
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Mtana Juma Mwahunga v B.O.G. Roka Secondary School [2016] KEELRC 1267 (KLR)
✦ The court dismissed the suit, finding that the suit is time barred and that the claimant's claim would still have failed even if the suit had not expired due to lack of privity of contract.
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Nzyoki Ndeto Yumbwa V Farm Parts Ltd [2016] KEELRC 1253 (KLR)
✦ The termination of the Claimant's employment was procedurally unfair, and the Court awards compensation equivalent to 3 months gross wages.
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Peris Njeri Kinyanjui v Kobo Safaris Limited [2016] KEELRC 1204 (KLR)
✦ The termination was a declaration of redundancy and was effected in accordance with Section 40 of the Employment Act 2007. The Claimant was not discriminated on account of pregnancy. The Claimant is entitled to the reliefs sought.
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Kenya Electrical Trades & Allied Workers Ltd v Kenya Power & Lightning Co.Ltd [2016] KEELRC 1189 (KLR)
✦ The court finds that the suit was filed within the statutory timeframe and that the conciliation process was completed within the required period.
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Dennis Nyaoko Mogeni v Equity Bank Limited [2016] KEELRC 1272 (KLR)
✦ The court dismissed the claimant's memorandum of claim filed on 25.01.2016 with costs.
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Bedan Muigai Njuguna v Kenya Tea Development Agency Limited [2016] KEELRC 1223 (KLR)
✦ Ex parte proceedings are set aside and matter set down for hearing
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Banking Insurance and Finance Union v National Bank of Kenya Limited [2016] KEELRC 1207 (KLR)
✦ The court held that the dispute does not meet the threshold set in the Giella vs Cassman Brown case to warrant the grant of an interlocutory injunction.
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Kioko Kithome v Kenya Power Lighting Company [2016] KEELRC 1201 (KLR)
✦ The plaintiff's case lacks merit and the suit is dismissed with costs to the respondent.
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Daniel Mutinda Mutua v Buzeiki Enterprises Ltd [2016] KEELRC 1254 (KLR)
✦ The termination was unfair and unjustified, and the claimant is awarded compensation
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Christine Nafula Munialo v Appex Security Services Limited [2016] KEELRC 1195 (KLR)
✦ The claim for payment of severance pay has no merit and is dismissed.
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Joanes Osuga Guti v Kilifi Plantation Limited [2016] KEELRC 1260 (KLR)
✦ The court declared the termination of the claimant's employment unfair and awarded him 12 months salary in lieu of notice, 28 days leave, and service gratuity.
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Michael Kyalo Maithya v Victory Construction Company Limited [2016] KEELRC 1855 (KLR)
✦ Claimant awarded compensation, salary, notice pay, and leave compensation.