Kenyan case law
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Kenya Union of Domestic, Hospital, Educational Institutions, Hotels & Allied Workers v B.O.M Murang’a High School [2020] KEELRC 1238 (KLR)
✦ The suit is dismissed with costs to the Respondent.
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Bedford Micheni Bundi v Peritus Logistics Limited (Cause 54 of 2019) [2020] KEELRC 1256 (KLR) (Employment and Labour) (24 April 2020) (Judgment)
✦ The Magistrates Court was in error when it declined jurisdiction.
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Ann Wangui Ngugi & 524 others v Kenya Commercial Bank Staff Pension Fund & 2 others [2020] KEELRC 1266 (KLR)
✦ The Petition is struck out with costs to the Respondents
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Erick Ngugi Mbae v National Police Service Commission [2020] KEELRC 1255 (KLR)
✦ The Court dismisses the appeal and orders it dismissed. Each party to bear own costs of the Appeal.
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Anthony Mwangi Warui v NG – CDF Mwea Constituency & 3 others [2020] KEELRC 1229 (KLR)
✦ The suit is dismissed with no order as to costs but gratuity due to be paid within 30 days.
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Daniel Gisora Nyakundi v Kenya Airways Limited [2020] KEELRC 1263 (KLR)
✦ The termination of the Claimant's employment was unfair and the Court awards compensation of Kshs 1,017,580/-
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Amalgamated Union of Kenya Metal Workers v Associated Motors Limited [2020] KEELRC 1265 (KLR)
✦ The Court orders the parties to execute a Collective Agreement incorporating a general wage increment of 6% for 2016/2017 and 5% for 2017/2018, a 5.5% housing allowance increment, and a leave travelling allowance of Kshs 6,150/- for 2016/2018. Other terms remain as provided for in the lapsed collective agreement.
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Veronica Wanjiru Rwinji v Benson Njiru Kiambo t/a Benser Financial Consultancy [2020] KEELRC 1235 (KLR)
✦ The court dismissed the claimant's case with costs, finding the claim unproved.
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Ngechu Mungara Wachira v Board of Governors St. Francis Kiawaithanji Secondary School [2020] KEELRC 1241 (KLR)
✦ Interdiction letter was unlawful and irregular, and the Claimant is entitled to payment of lost income.
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James Muturi Kiiru v Teachers Service Commission [2020] KEELRC 1239 (KLR)
✦ The dismissal was lawful and procedurally fair, and the suit is dismissed with costs.
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Irvine Gitari Josphat v Equatorial Nut Processors Ltd [2020] KEELRC 1233 (KLR)
✦ The Court finds that the termination of the Claimant's employment was unfair and awards compensation and pay in lieu of notice.
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Kenya Chemical Workers Union v Rhombus Concrete Ltd [2020] KEELRC 1264 (KLR)
✦ The Court upholds the Preliminary Objection and strikes out the Cause.
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Banking Insurance and Finance Union Kenya v Consolidated Bank of Kenya Limited [2020] KEELRC 1225 (KLR)
✦ The court finds that the grievants have a prima facie case and that they will suffer irreparable harm if the orders are not granted.
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Kenya Union Of Commercial, Food and Allied Workers v Tumaini Self Service Limited & Another [2020] KEELRC 1078 (KLR)
✦ The court found that the 1st respondent did not comply with the law in relation to the intended redundancy and that the redundancy was not actuated by the claimant's recruitment of the 1st respondent's employees and demand for recognition.
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Kenya Shoe Leather Workers Union v Fast Track Management Consultants Limited [2020] KEELRC 1203 (KLR)
✦ The court found that the Respondent had faced hard economic items due to election violence in 2016/2017, leading to a 14.92% rise in the cost of living. The court also noted that the Respondent's financial performance over the period under review has been healthy, with profits made in 2015 and 2016. The court declared that the proposed CBA technically expired on 31st December, 2017.
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N’Dri Therese Asssie - Lumumba v Forum For Africa Women Educationists [2020] KEELRC 1208 (KLR)
✦ Claimant has no cause of action against the respondent and the claim fails.
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Boniface Karau v First Community Bank; Takaful Insurance of Africa (Interested Party) [2020] KEELRC 1217 (KLR)
✦ The Court granted the applicant's application for an injunction to allow the applicant to service the facility in fixed monthly instalments of Kshs.74,909/= pending the hearing and determination of the claim.
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Daniel Kioko Mwangangi v Gray’s Oak Hotel [2020] KEELRC 1215 (KLR)
✦ The Court finds that an employee-employer relationship existed and that the termination was wrongful, unfair, and unlawful. The Claimant is entitled to one month's salary in lieu of notice, six months' salary as compensation for unfair termination, and service pay.
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Riitho Farmers Co-operative Society v Samuel Mwangi Ndege [2020] KEELRC 1221 (KLR)
✦ The court found the evidence and submissions did not support the findings and determination of the trial court, and thus reversed the decision.
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Carolyne Kalunde Muumbo v Nancy Mukonyo Kilonzo t/a Kilonzo N M and Company Advocates [2020] KEELRC 1218 (KLR)
✦ The court finds that the relationship between the claimant and the respondent was not an employment contract, but rather a business arrangement.
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Colbert Ouma Ojiambo v Mount Kenya University [2020] KEELRC 1154 (KLR)
✦ The court finds that the rate of payment per hour was Kshs.2,000, and that payment was not made.
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Rift Valley Railways Workers Union (K) v Building And Construction Workers Union & another; Central Organisation of Trade Union & 3 others (Interested Party) [2020] KEELRC 1153 (KLR)
✦ The application is spent and the 1st and 2nd Respondents and 3rd Interested Party are removed from the suit.
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Richard Kioko Kakuli v Sai Raj Limited [2020] KEELRC 1214 (KLR)
✦ The claimant's employment was terminated unfairly, and he is entitled to remedies.
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Kenya Union of Commercial Food and Allied Workers v Nol Turesh Loitoktok Water and Sanitation Company Limited & another [2020] KEELRC 1212 (KLR)
✦ The court found that the dismissals were not valid due to the non-payment of salaries and the subsequent strike.
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Richard Muema Peter v Added Performance Kenya Limited & 2 others [2020] KEELRC 1210 (KLR)
✦ The termination was found to be unfair due to lack of procedural fairness and failure to comply with Employment Act provisions.