Kenyan case law
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Maro Abdallahi Jilloh v Nine One One Kenya Limited [2019] KEELRC 1331 (KLR)
✦ Termination was unfair both on account of substance and procedure. The Claimant is granted 1 month salary in lieu of notice, Kshs. 240,000 for unfair termination, Kshs. 177,692 for annual leave, and Kshs. 166,153 for gratuity.
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Ephantus Wambua Macharia v Presbyterian Church of East Africa & Presbyterian Foundation (Cause 1933 of 2015) [2019] KEELRC 1306 (KLR) (Employment and Labour) (21 June 2019) (Judgment)
✦ The Court finds the termination of the Claimant's employment unfair and awards him pay in lieu of notice and compensation.
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Edward Ngarega Gacheru v Nation Media Group Limited [2019] KEELRC 1337 (KLR)
✦ The Court held that the contract was a contract of service and awarded compensation of Kshs. 2, 500, 000.00.
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Gloria Chepkoech Rono v Saurus Networks Limited [2019] KEELRC 1309 (KLR)
✦ The Court finds the termination unfair and awards the claimant 6 months' pay and other benefits as per the contract.
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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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Jones Muyanga Mbole v Teachers Service Commission [2019] KEELRC 1305 (KLR)
✦ Both the claim and counterclaim are dismissed with each party bearing its costs.
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Richard Ndemo v Veterinary & Agronomic East Africa Limited [2019] KEELRC 1308 (KLR)
✦ The summary dismissal was found to be unfair and unlawful. The claimant is awarded Kshs.60,000 for December salary, Kshs.60,000 for one month pay in lieu of notice, and a certificate of service. The respondent is ordered to pay the claimant Kshs.15,334.
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Benedict Mbithi Kingoo v Director St Monicah Girls High School & 2 others [2019] KEELRC 1319 (KLR)
✦ The Court finds that the Claimant has not proved his case and dismisses his claim.
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Daniel Mwanyasi Mwalwala v Barclays Bank of Kenya Limited [2019] KEELRC 1312 (KLR)
✦ The application for interlocutory injunction is declined as the applicant has not proved a prima facie case with probability of success.
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Chrispus Mwachimu Mwabili v China Road & Bridge Corporation [Kenya] Limited [2019] KEELRC 1329 (KLR)
✦ Termination was declared unfair. The Respondent is ordered to pay the Claimant 1 month salary in lieu of notice, 5 months salary in compensation for unfair termination, and public holiday pay.
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David Okeno Onaya v Nelion Trading Company Limited [2019] KEELRC 1328 (KLR)
✦ Termination was unfair and the Respondent is ordered to pay the Claimant 12 months' salary in compensation for unfair termination and salary for 7 days worked in May 2016.
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David Kariuki Muchai v Christian Church International Registereed Trustees & 2 others [2019] KEELRC 1295 (KLR)
✦ The Court declines to allow the orders sought at this stage due to the unresolved issues and the availability of excommunication under the operative Constitution.
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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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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.
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Benson Amuhaya v Elmak Chemical Limited [2019] KEELRC 1316 (KLR)
✦ The Court finds that the claimant has established a triable issue regarding the duration of his absence from work due to attending his father's burial and the effect on the parties' obligations.
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Johnson Makau Mutua v Arya Samaj Education Board [2019] KEELRC 1332 (KLR)
✦ The Court declares that the termination of the Claimant’s employment was arbitrary, without any basis, unlawful, null and void ab initio.
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Kenya Union of Commercial,Food & Allied Workers v Mars Limited [2019] KEELRC 1325 (KLR)
✦ The dismissal was unfair and unlawful due to lack of a proper hearing under Section 41 of the Employment Act.
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Kenya Building, Construction, Timber and Furniture Industries Employees Union v Timsales Ltd (Cause 1282 of 2018) [2019] KEELRC 1339 (KLR) (21 June 2019) (Ruling)
✦ The Court found that the employees participated in an unprotected strike and dismissed the applications.
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Josephine Washifutswa Nambiro v Energy Regulatory Commission [2019] KEELRC 1314 (KLR)
✦ The court grants conservatory orders to prevent the petitioner's transfer to the Kisumu office and to stay the transfer letter.
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Matthew Gogo Giriago v Borderless Tracking Limited [2019] KEELRC 1340 (KLR)
✦ The Court declared the termination unfair and ordered the Respondent to pay the Claimant compensation for unfair termination, notice pay, unpaid salary, and annual leave.
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Nyali Academic Services Limited t/a the Mombasa Academy v Caroline Opondo [2019] KEELRC 1311 (KLR)
✦ Respondent is ordered to pay Claimant Kshs. 227,279 for unpaid salary and car loan. Counterclaim is rejected.
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Richard Mariga Maogoto v Kenya Commercial Bank Limited [2019] KEELRC 1297 (KLR)
✦ Termination was procedurally unfair and lacked valid reasons.
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Agnes Wacu Gatoto v Kenya Kazi Services Limited [2019] KEELRC 1259 (KLR)
✦ The Petition is dismissed as it is not supported by an affidavit.
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Dock Workers Union [K] v Kenya Ports Authority [2019] KEELRC 1334 (KLR)
✦ The claim is dismissed as improperly before the court
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Juma Iha Benson v Protective Custody Ltd [2019] KEELRC 1338 (KLR)
✦ Termination was unfair