Kenyan case law
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Scholastica Anyona Kilaha v Equity Bank Limited [2019] KEELRC 102 (KLR)
✦ The claimant is awarded notice pay of Ksh.180,000 and 50% of her due costs.
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Lucy Njoki Waithaka v Tribunal appointed to investigate the conduct of Lucy Njoki Waithaka & another; Kenya Magistrates and Judges Association (Interested Party) [2019] KEELRC 10 (KLR)
✦ The Court found that the petitioner's petition was not justiciable and dismissed it.
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Kipkosgei Langat v Mamo Boru & 6 others [2019] KEELRC 59 (KLR)
✦ The Court declines to issue any judicial review orders but orders the Respondents to notify the applicant of the length of secondment and other terms and conditions of service.
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Robert Kyalo Musyoka v Cargill Kenya Limited (Cause 33 of 2018) [2019] KEELRC 175 (KLR) (11 December 2019) (Judgment)
✦ The Claimant's claim is dismissed as he failed to provide independent evidence to prove the existence of an employment relationship.
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Caroline Wambui Karugo v Murang’a County Assembly Service Board [2019] KEELRC 174 (KLR)
✦ The Court found the suspension to be an abuse of power and ordered the Respondent to pay the Claimant compensation for the period of her suspension.
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Kariuki v Sanlam Insurance Company Limited (Formerly Pan Africa Insurance) (Cause 123 of 2017) [2019] KEELRC 2625 (KLR) (11 December 2019) (Judgment)
✦ The court strikes out the claimant's suit and dismisses the case with no order as to costs.
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Augustino Mutwiri Murungi & another v United Millers Limited [2019] KEELRC 99 (KLR)
✦ The claims are found without merit and are hereby dismissed with costs to the respondent.
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Joseph Miseri Oriwo v Bafagih Bakeries Company Limited [2019] KEELRC 185 (KLR)
✦ The Claimant has proved a case of unlawful termination of employment and is entitled to compensation.
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Issa Shekue Shalivs v Buscar Limited; Buscar E.A. Limited (Objector/Applicant) [2019] KEELRC 177 (KLR)
✦ The Objector's application is disallowed with costs to the Claimant
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Mastisa Chang’oka Ndeme v Modern Coast Express Ltd [2019] KEELRC 186 (KLR)
✦ The Claimant's employment was unlawfully and unfairly terminated, and he is entitled to compensation and refund.
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Dennis Otieno Onyango v Mission in Action School and Children’s Home [2019] KEELRC 90 (KLR)
✦ The court finds that the respondent failed to address the provisions of section 43 and 41 of the Employment Act, 2007, and thus notice pay is due. The claimant is not entitled to compensation due to his criminal case.
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Anthony N. Kang’ang’a v Mathira Water and Sanitation Company [2019] KEELRC 165 (KLR)
✦ Claimant's suit dismissed as there was basis for dismissal and procedural steps were taken without breaching the law
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Kenya County Government Workers Union v Migori County Government [2019] KEELRC 34 (KLR)
✦ The consent judgment is upheld and the application is dismissed.
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Juliet Wamiri v James R. Njenga & others [2019] KEELRC 63 (KLR)
✦ Interim injunction granted
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Martin Kuria Mwai v Shree Logic Management Consultants Limited [2019] KEELRC 180 (KLR)
✦ Dismiss the suit as it has no merit
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Paul Gitari v Board of Management Kanyakine High School [2019] KEELRC 11 (KLR)
✦ The court dismisses the claimant's case with costs, finding that the claimant forged documents to access his NSSF dues and was dishonest in his dealings with the Respondent.
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Christine Cherotich v Mumias Sugar Company Limited [2019] KEELRC 139 (KLR)
✦ Termination was unlawful and unfair, and claimant is entitled to compensation
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Michael Molu Kosicha & 11 others v Jiangxi Zhongmei Engineering Construction Co. Limited [2019] KEELRC 20 (KLR)
✦ The claims are dismissed as the termination was not unfair due to the contract coming to an end on effluxion of time and upon completion of the project.
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Petronila Tsisika Anyanda (Suing as the administrator and personal representative of the estate of Philip Luvale Mwanje – Now deceased) v Butali Sugar Company Limited [2019] KEELRC 12 (KLR)
✦ The court finds that the plaintiff had proved that the respondent was liable for the accident in loading the tractor-trailer without ascertaining the weight of the load, and that the negligence by the respondent caused the occurrence of the accident that led to the death of the deceased.
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Erick Oyier Omondi & 3 others v Catholic University of East Africa [2019] KEELRC 137 (KLR)
✦ The court finds that the claimants suffered loss and great inconvenience by fact of the late payment and orders award of payment of interest in favour of each of the claimants on the amounts previously owed, but now paid calculated at court rates from the 1st January 2016 up to the time the full amounts were paid in full.
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John Maleche Opanga v Kibos Sugar And Allied Industries Limited [2019] KEELRC 106 (KLR)
✦ The court lacks jurisdiction to determine the merits of the suit due to the suit being filed upon expiry of three years from the date the cause of action arose.
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Boniface Makau Mwatu v Premier Bag & Cordage Limited [2019] KEELRC 36 (KLR)
✦ The court finds no merit in the cause and dismisses it with no order as to costs.
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Johnson Shijenje v Mutula Kilonzo Junior & another [2019] KEELRC 80 (KLR)
✦ The claimant's prayers for pay in lieu of annual leave and house allowance throughout employment are time barred and the prayers will fail accordingly. The respondents are ordered to deliver a certificate of service to the claimant by 12/20/2019.
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Edwin Gichangi v Kenya Cultural Centre [2019] KEELRC 203 (KLR)
✦ The Court finds no merit in the Respondent's application and finds the applicant's application devoid of merit save for the finding that he had handed over and is entitled to accrued salaries/dues up to 31 August 2019.
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Republic v Kenya Copyright Board & 2 others Exparte Meshack V Otieno & 4 others [2019] KEELRC 157 (KLR)
✦ The Court held that the suspension of allowances was not lawful and ordered the reinstatement of allowances