Kenyan case law
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Daisy Chepkoech Bii v Governor, County Government of Bomet & 2 others [2021] KEELRC 142 (KLR)
✦ The Court declines jurisdiction and strikes out the Claimant's Memorandum of Claim as she did not exhaust the appeal procedures.
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Benjamin & 40 others v Kenya Medical Practitioners & 2 others; Commissioner for Labour & 73 others (Interested Parties) (Cause E080 of 2021) [2021] KEELRC 50 (KLR) (15 December 2021) (Ruling)
✦ The Court declared the elections invalid, null and void, and ordered fresh elections to be conducted by the 2nd Respondent.
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Nehemiah Kipkorir Terer & 3 others v National Police Service Commission & 2 others [2021] KEELRC 53 (KLR)
✦ The Petition is premature and devoid of merit, and is hereby struck out with no order as to costs.
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Peter Mumo Gathuru v Registered Trustees of the National Council of Churches Kenya (NCCK) [2021] KEELRC 83 (KLR)
✦ The suit should not be dismissed, and the matter must be heard and determined before 31st March 2022
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Endmor Steel Millers Limited v Vincent Ondari Ong’ayo; Geoffrey Kang'ethe t/a Kang'ethe Enterprises Auctioneers Interested party) [2021] KEELRC 51 (KLR)
✦ The application is dismissed with no order as to costs.
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Kennedy Mutuku Mwove v M-Kopa Kenya Limited [2021] KEELRC 207 (KLR)
✦ The Court held that the dismissal was procedurally unfair as the Claimant was not given a warning or a hearing before being dismissed.
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Eliud Wanjohi Gwandaru v Samuel Waita K & 11 others [2021] KEELRC 105 (KLR)
✦ The court allows the application and stays any further proceedings in the case pending the hearing and determination of the application.
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Mark Ekale Ekuam v Telkom Kenya Limited [2021] KEELRC 106 (KLR)
✦ The suit is dismissed as there are no orders the Court can grant the Claimant. Suit dismissed with no order as to costs.
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Elphas Omondi Otieno v Collindale Security Limited [2021] KEELRC 93 (KLR)
✦ The termination was unlawful and unfair, and the Claimant is entitled to terminal benefits.
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Benjamin Menza Kirimo v Kilifi County Public Service Board & another [2021] KEELRC 122 (KLR)
✦ The indefinite suspension of the Claimant is declared unfair and unlawful, and the Respondents are ordered to lift the suspension and pay withheld salary and benefits.
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Kenneth Kamau Kaigua v Giloil Company Limited [2021] KEELRC 54 (KLR)
✦ The Claimant's employment was on a piece rate basis, and he is not entitled to the relief sought.
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Cook ‘N’ Lite Limited v Benson Olinga Omunyin [2021] KEELRC 126 (KLR)
✦ The application is certified urgent and leave to appeal out of time is granted. Interim orders of stay of proceedings and setting aside the proceedings are also issued.
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Mercy Kawira Mithika v Kenya Women Microfinance Bank PLC [2021] KEELRC 94 (KLR)
✦ The Petitioner's termination was not voluntary and she was subjected to unlawful and unfair termination. The Petitioner is entitled to compensation and refund of terminal dues.
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Kitonga Kivundu v Ben & Jans Care Services Limited [2021] KEELRC 195 (KLR)
✦ The Court finds the Claimant's termination unfair and unjustified under Section 45(2) of the Employment Act.
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Doris Mukami Muhiato v Kenya Kazi Services Limited [2021] KEELRC 205 (KLR)
✦ The Respondent did not have a valid reason to terminate the Claimant's employment and the process followed was not in compliance with the Employment Act.
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Wambua Musembi and Co Advocates v Michael Mudogo [2021] KEELRC 72 (KLR)
✦ The court remitted the bill of costs for taxation by another taxing master other than Hon. Kyalo.
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Bakery, Confectionery, Food Manufacturing & allied Workers Union (K) v Bakers Oven Limited [2021] KEELRC 174 (KLR)
✦ The Court finds the redundancy to be unfair, illegal, and null and void.
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Martin Kirimi Mbaya v Barclays Bank of Kenya Limited [2021] KEELRC 190 (KLR)
✦ The Court finds the termination of the Claimant's employment procedurally unfair and orders the Respondent to pay compensation to the Claimant.
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Bakery Confectionery Food Manufacturing and Allied Workers Union (K) v Kenafric Industries Limited [2021] KEELRC 158 (KLR)
✦ The Court held that the Respondent's actions violated the Collective Agreement and existing laws.
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Joseph Sialo Makero & 7 others v Kenya Ports Authority [2021] KEELRC 215 (KLR)
✦ The court dismisses the claimants' memorandum of claim and orders each party to bear their own costs.
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Universities Academic Staff Union (UASU) v University of Nairobi & another; Cabinet Secretary, Ministry of Education & 3 others (Interested Parties) [2021] KEELRC 209 (KLR)
✦ The Court finds that the 1st Respondent’s Vice Chancellor’s Proposed Governance Reforms dated July 2021 and memo dated 14th July 2021 do not exist. UASU has not established a prima facie case to warrant the grant of the orders sought.
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Kenya Shipping Clearing Freight Logistics and Warehouses Workers Union v Multiple Icd (K) Limited [2021] KEELRC 217 (KLR)
✦ The Court finds the respondent's unionisable employees to be 284, and the claimant recruited 124 unionisable employees, falling short of the statutory simple majority.
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Kepher Oguwi Langi v Kenya Union of Post Primary Education Teachers (KUPPET) & 3 others [2021] KEELRC 198 (KLR)
✦ The consent order is unlawful, null and void
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Kenya Chemicals and Allied Workers Union v Milly Glass Works Limited [2021] KEELRC 194 (KLR)
✦ The application for review is dismissed as the Respondent has not withdrawn its notice of appeal.
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John Wonder Odongo v AFC Leopards Sports Club [2021] KEELRC 212 (KLR)
✦ Termination was unfair and unlawful