Kenyan case law
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Kenya County Government Workers Union v Leonard K Mbuvi t/a Katunga Mbuvi & Co Advocates (Miscellaneous Application E248 of 2021) [2022] KEELRC 13495 (KLR) (13 December 2022) (Ruling)
✦ The court ruled that the bill was not time barred and that the taxing master did not commit an error of principle. The further affidavit was properly filed and served.
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Kenya Medical Practitioners, Pharmacists & Dentists Union v Director, Human Resource, KNH & another; Kaugiria & 65 others (Interested Party); Kamuri & another (Contemnor) (Cause E418 of 2021) [2022] KEELRC 14639 (KLR) (13 December 2022) (Ruling)
✦ The motion is dismissed as the 1st and 2nd Respondents did not breach the court order by allowing the Interested Parties to continue working under their current terms of engagement until the contracts lapsed.
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Ayako v Masai Mara Sopa Lodge Limited (Cause 1251 of 2017) [2022] KEELRC 14637 (KLR) (13 December 2022) (Ruling)
✦ The court clarifies the judgment, stating the amount awarded was for unpaid house allowance, salaries, and leave. The respondent is ordered to pay the claimant Kshs 455,000 after deducting the claimant's counterclaim.
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Muthiani & 2 others v Dr Mwenje High School (Cause 1934 of 2016) [2022] KEELRC 14638 (KLR) (13 December 2022) (Ruling)
✦ The Court dismissed the application with no order as to costs, finding that the Claimants exhibited great indolence and did not make any attempt to obtain reprieve for the dismissal until August 24, 2021, over 8 months later.
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Technical University of Mombasa v Masabos (Miscellaneous Application E071 of 2022) [2022] KEELRC 13516 (KLR) (13 December 2022) (Ruling)
✦ The application is without merit and is hereby dismissed with no order as to costs.
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Abdullahi v City Oil (K) Limited (Cause 109 of 2016) [2022] KEELRC 13507 (KLR) (13 December 2022) (Ruling)
✦ The court sets aside the judgment of May 31, 2022 and grants the respondent leave to file all documents relevant to the suit.
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Kenya County Government Workers Union v County Government of Nakuru on behalf of Naivasha Municipal Council (Miscellaneous Application E175 of 2021) [2022] KEELRC 13502 (KLR) (13 December 2022) (Ruling)
✦ The taxation on instruction and getting up fees is set aside and remitted to another taxing master for fresh taxation.
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Mutiso v Roto Moulders Limited (Cause 1751 of 2017) [2022] KEELRC 13525 (KLR) (9 December 2022) (Judgment)
✦ The Court found that the termination was not substantively fair and that the claimant was not afforded procedural fairness.
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Local Authorities Provident Fund v Nairobi City County Government (Cause 746 of 2019) [2022] KEELRC 13517 (KLR) (9 December 2022) (Ruling)
✦ The court grants the application with an order that costs shall be in the cause
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Kabusu t/a Oloita Butchery v Ndulu & another (Appeal E166 of 2022) [2022] KEELRC 13519 (KLR) (9 December 2022) (Ruling)
✦ The Application for stay of execution of the order is granted.
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Okumu v Good Man Agencies Limited (Cause 1895 of 2017) [2022] KEELRC 13514 (KLR) (9 December 2022) (Judgment)
✦ The claimant was under probation at the time of his termination, and the termination was not unfair and unlawful.
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Kitua v Kenwan Services Limited (Cause 1753 of 2016) [2022] KEELRC 13524 (KLR) (9 December 2022) (Judgment)
✦ The claimant's termination was unfair and unlawful.
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Walia v Oshwal Education and Relief Board (Cause 1886 of 2017) [2022] KEELRC 13528 (KLR) (9 December 2022) (Judgment)
✦ The claimant's termination was found to be unfair and unlawful.
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Okoiti v Cabinet Secretary for Labour & 4 others; National Industrial Training Authority (Interested Party) (Petition E130 of 2022) [2022] KEELRC 13550 (KLR) (9 December 2022) (Ruling)
✦ The Court finds the jurisdictional issue to be a matter of fact and not a pure point of law, thus the Preliminary Objection is dismissed.
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Kiema v Haut International (K) Co Ltd (Cause 1744 of 2017) [2022] KEELRC 13512 (KLR) (9 December 2022) (Judgment)
✦ The court found that the claimant was an employee of the respondent and that his termination was unfair and unlawful.
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Mulu & 2 others (Suing for themselves and on behalf of 41 other former employees of Dubai Bank Kenya Limited - in Liquidation) v Kenya Deposit Insurance Corporation & 2 others (Cause 2512 of 2016) [2022] KEELRC 13480 (KLR) (9 December 2022) (Judgment)
✦ The Court dismissed the claimants' claim, finding that the claim was filed prematurely and that the claimants failed to exhaust other available avenues under the Employment Act.
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Masila v Timsales Limited (Cause 2634 of 2016) [2022] KEELRC 13523 (KLR) (9 December 2022) (Judgment)
✦ The court found the termination unfair and unlawful, awarding compensatory damages and one month's salary in lieu of notice.
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Kenya Union of Commercial Food & Allied Workers v Machakos Water & Sewerage Co Ltd & 2 others; Central Planning & Monitoring Unit of the Ministry of Labour & 2 others (Interested Parties) (CBA E056 of 2022) [2022] KEELRC 13518 (KLR) (9 December 2022) (Ruling)
✦ The Court declined to register the CBA and ordered the stay of its intended registration pending the outcome of the application.
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Omondi & 3 others v English Press Limited (Cause 1605 of 2017) [2022] KEELRC 13508 (KLR) (9 December 2022) (Ruling)
✦ Execution proceedings are not unlawful and draft decrees do not need to be approved by other parties
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Kassim v Governor, County Government of Garissa; County Service Public Board (Interested Party) (Employment and Labour Relations Petition E022 of 2022) [2022] KEELRC 13510 (KLR) (9 December 2022) (Ruling)
✦ The Court should issue conservatory orders suspending the Taskforce on County Staff Audit pending the hearing and determination of the Petition.
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Public Transport Workers Union v Apollo Tours & Travel Limited; Public Transport Operators Union & another (Interested Parties) (Employment and Labour Relations Cause E882 of 2021) [2022] KEELRC 13509 (KLR) (9 December 2022) (Ruling)
✦ The court dismissed the suit with costs, finding it frivolous, vexatious, and devoid of merit.
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Top Tank Company Kenya Limited v King'oo (Employment and Labour Relations Appeal 3 of 2020) [2022] KEELRC 13478 (KLR) (9 December 2022) (Judgment)
✦ There was an employment relationship between the Appellant and Respondent. The Respondent was injured in the course of his employment. The Appellant was found 100% liable for the accident.
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Ndegwa v Registered Trustees Karen Christian College (Cause 1680 of 2017) [2022] KEELRC 13521 (KLR) (9 December 2022) (Ruling)
✦ The Court allows the amendment of the Statement of Claim
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Chimbagu v A Niaz & Sons Limited (Cause 630 of 2016) [2022] KEELRC 13482 (KLR) (8 December 2022) (Ruling)
✦ The application is dismissed with costs, and the interim stay of execution is vacated.
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Mwangi v Total Kenya Limited (Cause 1247 of 2016) [2022] KEELRC 13452 (KLR) (8 December 2022) (Judgment)
✦ The suit is dismissed as the claim lacks merit and the respondent treated the claimant lawfully and fairly.