Kenyan case law
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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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Republic v Kenya Unviversities and Colleges Central Placement Service Ex parte Adrian Kamotho Njenga [2021] KEELRC 1192 (KLR)
✦ The Court declines the application for an order of certiorari and orders that no order on costs be made.
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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.
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Irene Njeri Njenga v DIB Bank Kenya Limited [2021] KEELRC 1188 (KLR)
✦ The Court issued an injunction restraining the Respondent from adjusting, altering, or changing the rebated and preferential terms of the accounts and financial facilities advanced to the Claimant during her employment.
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Jonathan Sindo Mumba v Quality Homecare Services [2021] KEELRC 1193 (KLR)
✦ Claimant awarded Kshs. 135,215 in total, including Kshs. 9,400 in lieu of notice, Kshs. 7,592 in lieu of annual leave, Kshs. 5,423 in severance pay, and Kshs. 112,800 for 12 months' salary in compensation.
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Beryl Kung’a v Remu Microfinance Bank Limited [2021] KEELRC 1213 (KLR)
✦ The application is dismissed with costs.
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Jackson M Italakua & another v Kenya Farmers Association Limited [2021] KEELRC 1196 (KLR)
✦ The application is dismissed and the parties are directed to proceed to set the main claim for hearing.
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Jared Maranga Ochungo v Kenya Safari Lodges and Hotels Limited [2021] KEELRC 1214 (KLR)
✦ The dismissal was lawful and fair, and the Claimant is not entitled to the remedies sought.
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Samuel Omari Tinega v Kenya Methodist University [2021] KEELRC 1152 (KLR)
✦ The motion is dismissed as the Court of Appeal is the only court that has the power to grant an extension of time for filing a Notice of Appeal.
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Banking Insurance and Finance Union v SMEP Microfinance Bank Limited [2021] KEELRC 1197 (KLR)
✦ The Court grants an injunction to stop the Respondent from suspending the medical cover of its employees pending the hearing and determination of the suit.
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Lucas Omondi Mwalo v Josephine Mueni Mutung’a 3 others; Law Society of Kenya & another (Interested parties) [2021] KEELRC 1134 (KLR)
✦ The court orders the 2nd Interested Party to supply the Petitioner with a Register of the 1st Respondent's Employment Record with particular details as to her age within 48 hours.
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Mark Mbau Mathee v Rai Radio Televisione Italiana [2021] KEELRC 1219 (KLR)
✦ Ex-parte proceedings and consequential orders are set aside, and the Respondent is allowed to state its case.
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Kenya Union of Commercial Food & Allied Workers v Hypermart Limited [2021] KEELRC 1159 (KLR)
✦ The motion is dismissed with costs to the Respondent as the Claimant Union has not recruited 50%+1 to meet the threshold for recognition under Section 54(1) of the Labour Relations Act.
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Kenya Concrete Structural Ceramic Tiles Wood Ply and Design Workers Union & 10 others v Registrar of Trade Unions & 4 others [2021] KEELRC 1212 (KLR)
✦ The Court declines to make an award of costs in the matter and each party bears their own costs of the withdrawn suit.
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Rose Matunda v Hi-Tech Opticians [2021] KEELRC 1240 (KLR)
✦ The application is allowed, and the late response and documents are deemed properly filed
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Mahee Flowers Limited v Alex Gitata Kiragu [2021] KEELRC 1215 (KLR)
✦ Appeal dismissed, liability and damages affirmed
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Mahee Flowers Limited v Peter Irungu Kuria (Appeal 49 of 2017) [2021] KEELRC 1232 (KLR) (Employment and Labour) (21 July 2021) (Judgment)
✦ The appeal is dismissed with costs to the Respondent
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Menengai Oil Refineries Limited v Michael Wokaba Wamalwa [2021] KEELRC 1241 (KLR)
✦ The appeal is dismissed with costs to the Respondent.
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Duncan N Nderitu & 55 others v Telkom Kenya Limited [2021] KEELRC 1226 (KLR)
✦ The application is dismissed as the applicants have filed their claims beyond the 3-year limitation period provided by the Employment Act.
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Saima Yusuf Kassim v Affrican Safari Destinations Limited [2021] KEELRC 1139 (KLR)
✦ The documents are expunged from the record as they are inconsistent and lack proper authentication, and the Claimant is given 14 days to file a properly authenticated bundle of documents.
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Daniel Mwangi Nkonge v Flamingo Horiculture Ltd [2021] KEELRC 1179 (KLR)
✦ The petition is struck out as the subject matter falls under the Work Injury Benefits Act, 2007, and the jurisdiction of the Director of Occupational Safety and Health.
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David Gituma Kirera v Majani Gardens Limited [2021] KEELRC 1195 (KLR)
✦ The court finds that the termination of the claimant's employment was wrongful and unfair.
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Kenya Union of Pre-Primary Education Teachers v Bungoma Primary School BOM & 3 others [2021] KEELRC 1194 (KLR)
✦ The court held that there was a termination of the grievant's employment by the Respondents.
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Kenya National Union of Nurses v Embu County Government & another [2021] KEELRC 1176 (KLR)
✦ The court finds that there is a case for deduction and remission of union dues to the claimant. The non-deduction of union dues by the Respondents is not disputed. The court will determine whether the Respondent should pay the trade union dues not deducted from the claimant’s members.