Kenyan case law
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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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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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Consolata Akinyi Sidunda & another v Haji Abdhulai [2021] KEELRC 1221 (KLR)
✦ There was no error in the award to Everlyne Akoth Owino in the previous judgment regarding house allowance and December 2014 salary. The prayers by the Counsel for Everlyne Akoth Owino are therefore not merited and are accordingly declined.
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Andrew Kimani Mwangi v G4s Security Services Kenya Limited [2021] KEELRC 1143 (KLR)
✦ The Court granted the Application and ordered the case to be retransferred to the Employment and Labour Relations Court
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Atie Swaleh Ramadhan & 5 others v General Secretary, Seafarers Union of Kenya & another [2021] KEELRC 1263 (KLR)
✦ The Respondents' Motion dated 21st April 2021 is disallowed with costs in the Petition. The parties are directed to set down the main Petition for hearing on priority basis.
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Peter Ndambuki Kasiu v Mombasa Cement Limited [2021] KEELRC 1265 (KLR)
✦ The suit is a nullity ab initio and therefore not transferable
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Samson Ole Kisirkoi v Maasai Mara University [2021] KEELRC 1243 (KLR)
✦ Application for stay of proceedings is denied and claim proceeds for determination on merit
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Paul Rege v Britam Lifeassurance Company (Kenya) Limited [2021] KEELRC 1216 (KLR)
✦ Interlocutory injunction restraining the respondent from altering the repayment terms of the mortgage facility granted to the petitioner at staff rates of 6% to commercial rates of 14% pending the hearing and determination of the suit.
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Mwanaisha Kitauro v Kwale International Sugar Company Limited [2021] KEELRC 1249 (KLR)
✦ The Court dismisses the Claimant's claim for want of prosecution.
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Kenya Plantation and Agricultural Workers Union v KTDA Mogogosiek Tea Factory [2021] KEELRC 1234 (KLR)
✦ The claim is struck out and the parties are directed to follow the proper channels for appeal
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Alex Gatoto v Qed Solutions Limited [2021] KEELRC 1157 (KLR)
✦ The confidentiality clause is too broad and violates public policy, thus the Respondent’s motion is devoid of merit and is dismissed.
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Chrispas Egesa Mwai v Radar Limited [2021] KEELRC 1153 (KLR)
✦ The Court orders a fast tracked hearing on 27th July 2021 before any of the new ELRC Judges to issue judgment in a short time.
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Khalwale & Co. Advocates v Devyan Food Industries Kenya Limited (Formerly Sameer Agriculture & Livestock Kenya Limited); Efex Consulting (Proposed Third Party) [2021] KEELRC 1164 (KLR)
✦ The Court dismisses the Respondent's Bill of Costs and finds an advocate-client relationship between the Applicant and the Respondent. The Proposed Third Party is not responsible for the Respondent's legal fees.
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David Mwangi Kaguo v Equity Bank Kenya Limited [2021] KEELRC 1271 (KLR)
✦ The claimant's termination was unfair and unjustified.
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John Mwaninki & 10 others v Kenya Institute of Management [2021] KEELRC 1260 (KLR)
✦ Claimants' case is found to be established, and the court orders the respondent to pay the accrued arrears of Kshs. 5,020,348 less statutory deductions, plus costs and interest.
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Paul Kipsang Kosgei v National Industrial Training Authority & another; Cabinet Secretary, Ministry of Labour & Social Services (Interested Party) [2021] KEELRC 1286 (KLR)
✦ The court finds that the application has met the threshold for grant of the orders sought in the instant application and grants a stay of execution pending appeal.
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Linda Ndenengo Mwakugu v Open Society Institute Company Limited [2021] KEELRC 1285 (KLR)
✦ Application dismissed with costs.
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Emily Wanjiru Kinyua v Githunguri Dairy Farmers Cooperative Society [2021] KEELRC 1276 (KLR)
✦ Application is allowed, Respondent pays throwaway costs and costs of the application
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Maxwell Onduso v National Police Service & 3 others [2021] KEELRC 1287 (KLR)
✦ The Petitioner's suspension and dismissal were not for valid reasons and fair procedure was not followed.
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Amalgamated Union of Kenya Metal Workers v Load Trailer (EA) Limited [2021] KEELRC 1282 (KLR)
✦ The application is declined as the CBA has not been registered and implemented
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Edward Odoyo Owiti v Salama Hotel Limited [2021] KEELRC 1278 (KLR)
✦ The court found that the corporate veil cannot be lifted in this case due to the personal relationships between the shareholders and proprietors, and the failure to issue a letter of appointment to the Claimant.
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Okiya Omtatah Okoiti v Cabinet Secretary, Industry,Trade and Co-operatives & 13 others; Kenya Bureau of Standards & another(Interested Parties) [2021] KEELRC 1264 (KLR)
✦ The court orders the consolidation of the two petitions.
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Douglas Onwonga Ogeto v Security Guards Services Limited [2021] KEELRC 1281 (KLR)
✦ The suit is dismissed with costs for want of prosecution.
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Asif Akram v Living Goods-Kenya [2021] KEELRC 1280 (KLR)
✦ Applicant meets the threshold for grant of interim conservatory orders
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Joseph Ayora Omwena v Multiscope Consulting Engineering Limited [2021] KEELRC 1308 (KLR)
✦ An order for stay of execution of the judgment is granted on condition that the respondent pays 50% of the decretal amount within 30 days of this ruling.