Kenyan case law
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Everline Kerubo v Patience Rehema John and Venceslas Chilumo t/a Power Base Bar & Restaurant (Cause 23 of 2018) [2019] KEELRC 1282 (KLR) (28 June 2019) (Judgment)
✦ Termination was unfair, and the Respondent is ordered to pay underpayment of salary, notice, compensation for unfair termination, salary for May 2016, and annual leave.
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Enock N. Mwongeri v Rajesh Kapoor Shah t/a 7 to 7 Company Limited [2019] KEELRC 1281 (KLR)
✦ The Court found the termination to be unfair and ordered the Respondent to pay the Claimant compensation equivalent to 7 months' salary, balance of notice, and 46 days of annual leave.
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Alex Alii William v Kerbrook Garment Manufacturers Limited [2019] KEELRC 1214 (KLR)
✦ The termination was unfair
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John Kiboro Njunguna v UK Board of Trustees and The Kenya Council of Reference of Vision Africa (Kenya) [2019] KEELRC 1222 (KLR)
✦ Claimant's claim dismissed without merit
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Kenya Aviation Workers Union v Kenya Airways Limited [2019] KEELRC 1289 (KLR)
✦ The Court finds the dismissal excessive and unjustified, and orders the respondent to re-engage the grievant in the position of In-flight Attendant.
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Ishak A. F. Chanzu v Board of Trustees National Social Security Fund [2019] KEELRC 1229 (KLR)
✦ The claimant's dismissal was upheld as he was found guilty of misconduct and negligence.
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Kepha Moreno Bosire v Titus Naikuni & another [2019] KEELRC 1159 (KLR)
✦ The court finds the claimant's service was unfairly terminated and treats the respondent in an undignified manner.
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Ronald Kai Tsuma & 4 others v China Jiangxi Kenya Limited [2019] KEELRC 1284 (KLR)
✦ The court orders the respondent to pay underpayment of wages to the claimants, with a total sum of Kshs. 106,125.
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Isaac Muli Muasya v Lavington Security Limited [2019] KEELRC 1290 (KLR)
✦ The Court finds the claimant was unfairly dismissed and awards him 2 months' salary for unfair termination, one month's pay in lieu of notice, and half a month's salary for days worked up to 15.12.2012. The claimant is awarded Kshs. 58, 450.00 in total.
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Andrew Juma Odhiambo v Rajesh Kapoor Shah t/a 7 To 7 Company Limited (Cause 21 of 2018) [2019] KEELRC 1275 (KLR) (28 June 2019) (Judgment)
✦ Termination was unfair, and the Respondent is ordered to pay compensation, balance of notice, annual leave, and costs.
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Banking Insurance and Finance Union (K) v Co-operative Bank of Kenya Limited [2019] KEELRC 1231 (KLR)
✦ The court finds the grievant's dismissal was harsh and unreasonable, and orders compensation and reinstatement.
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Roba Andrew Duba & 5 others v Teachers Service Commission & another [2019] KEELRC 1234 (KLR)
✦ The application is dismissed without merit
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Republic v Judicial Service Commission & 2 others; Githinji (Exparte) (Judicial Review Application 8 of 2019) [2019] KEELRC 1286 (KLR) (28 June 2019) (Judgment)
✦ The Court found in favor of the applicant, quashing the decision to retire him and ordering the respondents to provide the applicant's birth certificate and pay his costs.
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Charles Waweru Kimani & 9 others v Kenya Kazi Services Limited; Kenya Private Universities Workers Union & 2 others(Interested Parties) [2019] KEELRC 1288 (KLR)
✦ The petitioners' claims are dismissed, and a permanent injunction is issued against the Kenya Private University Workers Union.
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Joseph Mutuku Musee v Kenya Vehicle Manufactures [2019] KEELRC 1262 (KLR)
✦ The Court remains unable to make a finding on the issue of commission payable and orders the Respondent to file their own tabulation.
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Juliet Wamiri v Juliet Wamiri & 7 others [2019] KEELRC 1250 (KLR)
✦ The Court finds the Respondent's actions in contempt of the interim injunction order and issues a warning to cease the actions.
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Kenya Union of Pre-Primary Education Teachers v Jane Litunya & another [2019] KEELRC 1256 (KLR)
✦ The court declines to issue any orders at this time and directs that the Applicants proceed with the main claim. In the alternative, the Applicants should seek interim orders in the already filed case No.1630/2018.
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Samwel Chege Njogu v Easy Coach [2019] KEELRC 1225 (KLR)
✦ The Court finds the warrants of attachment and sale were obtained fraudulently and unprocedurally and nullifies them pending the appeal.
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Board of Management Uhuru Secondary School v City County Director of Education & 2 others [2019] KEELRC 1267 (KLR)
✦ The Court declared that the actions of the 1st and 2nd Respondents have infringed the children's right to education and the Principal's rights.
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Josephine Waithera Kiboi v Charleston Travel Limited [2019] KEELRC 1242 (KLR)
✦ The judgment is corrected to state that the compensation is 8 months' salary as compensation for unlawful dismissal.
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Patrick Omutia Otulia & another v Nairobi City Water & Sewerage Company Limited [2019] KEELRC 1244 (KLR)
✦ The Court dismisses the application as there is no mistake on the face of the record warranting review. The only recourse is appeal.
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Joshua Mulei Kimweli v International Centre for Research Agroforestry (ICRAF) [2019] KEELRC 1326 (KLR)
✦ The court lacks jurisdiction to entertain the suit due to the respondent's immunity from legal process conferred by the Host Country Agreement and the Privileges and Immunities Act.
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Hudson Kidaha Kisigwa v Romagego Kenya Limited (Cause 2149 of 2012) [2019] KEELRC 1300 (KLR) (Employment and Labour) (21 June 2019) (Ruling)
✦ The Court grants the firm of Omwebu and Associates to come on record for the applicant/judgment debtor.
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David Maina v S.S Mehta & Sons Limited [2019] KEELRC 1333 (KLR)
✦ The employment was not unfair termination as the contract of service lapsed upon the completion of the road construction project. The claimant is awarded Kshs.504.00 for one day worked in August 2016.
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Nyambwanga Moenga Danif v Shreeji Enterprises Limited [2019] KEELRC 1301 (KLR)
✦ Termination was unfair, and Respondent shall pay Claimant equivalent of 2 months' salary in compensation for unfair termination.