Kenyan case law
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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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Johnson Mwaniki Nyagah v County Government of Embu & another [2021] KEELRC 1144 (KLR)
✦ The court allows the application and reinstates the suit, with costs to be borne by the parties
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Kenya Union of Commercial, Food & allied Workers v New Gaturi Farmers Cooperative Society Limited [2021] KEELRC 1201 (KLR)
✦ The Court dismissed the claimant's claim and ordered the respondent to pay the grievants half salary for ninety (90) days.
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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.
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Laikipia County Public Service Board v Public Service Commission & another; Laikipia County Government (Interested Party) [2021] KEELRC 1206 (KLR)
✦ The petition is dismissed with costs.
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Loosenge David England v Governor Samburu County Moses Kasaine Lenonkul & 2 others [2021] KEELRC 1211 (KLR)
✦ The court dismisses the preliminary objection and the suit is not stricken out.
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Kenya Union of Pre-Primary Education Teachers v Secretary, Laikipia County Public Service Board & another [2021] KEELRC 1207 (KLR)
✦ The court dismisses the preliminary objection and orders that each party bear their costs.
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Julius Mwanti Mutahi v Batian Security Company Limited [2021] KEELRC 1181 (KLR)
✦ The Appellant's appeal is dismissed.
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Kenya Tertiary & School Workers Union (KETASWU) v Karatina University; Kenya Union of Domestic Workers, Eductional Institutions and Allied Workers (KUDHEIHA) (Proposed 2nd Respondent) [2021] KEELRC 1203 (KLR)
✦ The court awards the application to allow KUDHEIHA to be an Interested Party to the suit.
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Kenya Union of Pre-Primary Education Teachers v Secretary Tharaka Nithi County Public Service Board, Chief Officer Department of Education Tharaka Nithi County Government, Chief Officer Finance Tharaka Nithi County Government & County Secretary Tharaka Nithi County Government (Cause E010 of 2021) [2021] KEELRC 1186 (KLR) (19 July 2021) (Ruling)
✦ The preliminary objection is dismissed, and the suit is allowed.
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Daniel Nyachuba Ondieki v Kundan Singh Construction Co.Ltd t/a Leopard Beach Resort & Spa [2021] KEELRC 1258 (KLR)
✦ The termination was unfair and invalid due to lack of due notice and a valid reason.
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Kenya Engineering Workers Union v Rolmil Kenya Limited; Hebros Auctioneers (Respondent); Transafrica Motors Limited (Objector/Applicant) [2021] KEELRC 1242 (KLR)
✦ The application is not merited as the evidence in support of the application is not new and important evidence which was not within the knowledge of the Applicant.
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Kenya National Union of Teachers v Mercy Njeri Macharia & another; Kenya Union of Post Primary Education Teachers (Kuppet) (Intended Interested Party) [2021] KEELRC 1218 (KLR)
✦ The Court finds no merit in the application and dismisses it with costs.
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Charles Edward Sikulu v University of Nairobi [2021] KEELRC 1251 (KLR)
✦ The Court orders the Respondent to pay the Claimant Kshs. 988,600 for accrued entertainment allowance and declares the Respondent's action illegal, unlawful, and invalid.
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Kudoyi Michael v Leo Investments Limited [2021] KEELRC 1229 (KLR)
✦ The Court found the termination unfair as the Claimant was not given a fair hearing or opportunity to prepare his defense.
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Bernard M. Ngore v Cabinet Secretary, Ministry of Industrialization, Trade and Enterprise Development & another; Betty C. Maina & another (Alleged Contemnor) [2021] KEELRC 1228 (KLR)
✦ The Alleged Contemnors had notice and/or knowledge of the orders and are therefore not in contempt
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Sahihi Interior Designers Limited v Pauline Maingi [2021] KEELRC 1220 (KLR)
✦ The Respondent was dismissed unfairly by the Claimant, and the Claimant is not entitled to the prayers sought.
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Patrick Wafula Kuloba v Director/Chief Executive Officer, Kenya Industrial Research & Development Institute (Cause E377 of 2020) [2021] KEELRC 1223 (KLR) (Employment and Labour) (16 July 2021) (Ruling)
✦ The application is granted, and the taxation of the Bill of Costs is stayed pending determination of Civil Appeal No. E172 of 2020.
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Samuel Ochichi Buti v Attorney- General [2021] KEELRC 1246 (KLR)
✦ The dismissal is upheld, and the claim is declined.
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Alinur Mohamed Abdi v County Government of Garissa [2021] KEELRC 1238 (KLR)
✦ Claimant is entitled to full salary for September and October 2017, maximum compensation equivalent to 12 months' salary, and certificate of service.
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Athumani Mwazikwa Mwaramshi v Kenya Commercial Bank Limited [2021] KEELRC 1250 (KLR)
✦ The Court finds that the termination was not wrongful or unfair and was justified by the Employment Act, 2007.
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Kudheiha Workers v United States International University-Africa (USIU) [2021] KEELRC 1235 (KLR)
✦ The court found that the Claimant did not meet the requisite threshold to warrant the signing of a Standard Recognition Agreement with the Respondent, as it did not recruit a simple majority of the Respondent's employees.
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David Nelson Miseda v Seven Seas Technologies Limited; Rentworks East Africa Limited & another (Objectors); Co-operative Bank of Kenya Limited (Garnishee) [2021] KEELRC 1222 (KLR)
✦ The 1st Objector's objection proceedings succeed, and the proclamation and attachment warrants are lifted with respect to the Property/Assets set out in the application.
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Agnes Kavumbi Kitula v Oasi Beach Management Ltd t/a Ocean Beach Resort and Spa [2021] KEELRC 1244 (KLR)
✦ The claimant voluntarily left employment due to her drunken behavior on September 9, 2017, and is not entitled to notice pay or service pay.
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Patrick Kamau Mbugua v Equity Bank Limited [2021] KEELRC 1237 (KLR)
✦ The Court finds the termination unfair and grants the claimant a declaration, compensation, and costs.