Kenyan case law
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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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Wambua v Uber Kenya Limited & 2 others (Miscellaneous Application E004 of 2022) [2022] KEELRC 4866 (KLR) (29 September 2022) (Ruling)
✦ The court lacks jurisdiction to deal with claims by employees before they have been considered by the Director.
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Mohamed v Wazito Football Club (Sued through the Chief Executive Officer) (Cause 813 of 2019) [2022] KEELRC 12730 (KLR) (29 September 2022) (Ruling)
✦ The Court declines the Preliminary Objection and orders costs in the cause.
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Kenya Union of Road Contractors and Civil Engineering Workers v China Railway No. 5 Engineering Group Company Limited (Cause E233 of 2022) [2022] KEELRC 4014 (KLR) (29 September 2022) (Ruling)
✦ The preliminary objection is dismissed.
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Nzioki; Kenya Institute of Management & another (Respondent) (Cause 144 of 2020) [2022] KEELRC 4077 (KLR) (29 September 2022) (Ruling)
✦ The court finds that the alleged defamation occurred within the context of the employment relationship and thus falls within the court's jurisdiction.
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Mwai v Amboseli Institute of Hospitality And Technology (Cause 1580 of 2017) [2022] KEELRC 4012 (KLR) (29 September 2022) (Ruling)
✦ The court finds that the respondent has not demonstrated its inability to pay the decretal sum in lump sum and orders the respondent to pay the decretal amount as follows: 1st cheque for Kshs 220,000 on July 15, 2022, and the last payment of Kshs 416,000 by October 15, 2022.
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Oloo v Linksoft Intergrated Services E.A Limited & another (Cause 36 of 2017) [2022] KEELRC 12756 (KLR) (29 September 2022) (Ruling)
✦ The application to refer the dispute to arbitration is dismissed with costs awarded to the claimant
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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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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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Kenya National Private Security Workers Union v Taidy’S Restaurant Limited (Cause 1910 of 2015) [2022] KEELRC 12696 (KLR) (29 September 2022) (Judgment)
✦ The court finds the termination unfair and allows compensation equivalent to 3 months' salary. Other prayers are allowed, except for the prayer for money owed by the respondent and punitive damages.
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Nyakundi v Alborz Kenya Ltd (Employment and Labour Relations Cause 838 of 2017) [2022] KEELRC 14692 (KLR) (29 September 2022) (Judgment)
✦ The court finds that the claimant was employed by the respondent as an accountant, and the termination was unfair and unprocedural.
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Mesa v Gusii Mwalimu Sacco Ltd (Miscellaneous Application E023 of 2022) [2022] KEELRC 12732 (KLR) (29 September 2022) (Ruling)
✦ The application is dismissed with costs.
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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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Omar v Mackenzie Maritime [E.A] Limited (Cause E030 of 2021) [2022] KEELRC 4109 (KLR) (29 September 2022) (Judgment)
✦ The claimant is entitled to the sum of KSh 2,167,138.5 assessed by the director WIBA on August 13, 2019.
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Musyoka v Judicial Service Commission & another (Petition E004 of 2022) [2022] KEELRC 12921 (KLR) (29 September 2022) (Ruling)
✦ Respondent’s preliminary objection is sustained, the petition is struck out
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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.
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Kimuu v Allied East Africa Limited (Cause 2621 of 2014) [2022] KEELRC 4039 (KLR) (29 September 2022) (Judgment)
✦ Termination was unfair, and the claimant is awarded 6 1/2 months' salary in compensation for unfair termination at Kshs. 150,000.
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Nyairo v Riley Falcon Securities Services Ltd (Employment and Labour Relations Claim 248 of 2015) [2022] KEELRC 4111 (KLR) (29 September 2022) (Judgment)
✦ The court finds the claimant's termination was unfair and unjustified, and awards him compensation including one month's salary in lieu of notice, underpayment of wages, leave for 1 year and 4 months, and 10 months' salary as compensation for the unfair and unlawful dismissal.
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Cementers Limited v Muthami (Appeal 47 of 2019) [2022] KEELRC 4038 (KLR) (29 September 2022) (Judgment)
✦ The appeal is allowed. No order on costs.
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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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Marango & 122 others v Kedong Ranch Limited (Petition E009 of 2020) [2022] KEELRC 4144 (KLR) (29 September 2022) (Ruling)
✦ Stay of execution of judgment granted on condition that applicants deposit the entire decretal sum in an interest-earning account within 60 days
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Kaudo v Speaker Homabay County Assembly & another; Nyangi & 4 others (Interested Parties) (Employment and Labour Relations Petition 27 of 2020) [2022] KEELRC 12698 (KLR) (29 September 2022) (Judgment)
✦ The petitioner's suspension and termination were unlawful and without due process, and the appointment of the new clerk was unprocedural.
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Katama v Mombasa Container Terminal Limited (Cause 265 of 2015) [2022] KEELRC 12769 (KLR) (29 September 2022) (Judgment)
✦ The court declines jurisdiction due to the claimant filing the suit out of time, and the suit is statute-barred.
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Kanai v Parliamentary Service Commission & another (Cause 560 of 2014) [2022] KEELRC 4126 (KLR) (29 September 2022) (Ruling)
✦ The court dismisses the Claimant's cause for want of prosecution with costs.
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Kisang v Judicial Service Commission (Cause E521 of 2020) [2022] KEELRC 4857 (KLR) (29 September 2022) (Judgment)
✦ The dismissal was not fair due to procedural deficiencies