Kenyan case law
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Van Kappel Kenya Limited v Muriithi (Employment and Labour Relations Appeal E014 of 2023) [2024] KEELRC 13483 (KLR) (19 December 2024) (Judgment)
✦ The appeal is allowed, the judgment is set aside, and the claimant's suit is dismissed.
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Otieno (Suing on his Behalf and on Behalf of the General Public) v National Government Constituency Development Fund Board & another; Ethics and Anti-Corruption Commission (Interested Party) (Petition E097 of 2024) [2024] KEELRC 13499 (KLR) (19 December 2024) (Judgment)
✦ The petition is dismissed with orders for the petitioner to pay the costs of the petition.
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Magambo v Attorney General & 2 others (Employment and Labour Relations Petition 98 of 2023) [2024] KEELRC 13519 (KLR) (19 December 2024) (Ruling)
✦ Petitioner's constitutional rights were violated, and the court orders compensation and reinstatement
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Mulavu v Sandpiper Aviation Limited (Miscellaneous Application E288 of 2024) [2024] KEELRC 13465 (KLR) (19 December 2024) (Ruling)
✦ The Court has jurisdiction to transfer the suit, as the lower court lacked pecuniary jurisdiction to hear the case.
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Odero v Tononoka Rolling Mills Limited (Cause 882 of 2018) [2024] KEELRC 13482 (KLR) (19 December 2024) (Judgment)
✦ The Claimant's termination was found to be unfair, and he is awarded 5 months' salary as compensation for the unfair termination.
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Kuria & 13 others v Kartasi Industry Limited (Cause E531 of 2022) [2024] KEELRC 13488 (KLR) (19 December 2024) (Judgment)
✦ The Court dismisses the claims for unfair termination, underpayment, and breach of contract. The Court orders the respondent to issue the claimants with their respective certificates of service.
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Dunman v Athi Stores Limited (Cause E003 of 2023) [2024] KEELRC 13565 (KLR) (19 December 2024) (Judgment)
✦ The court finds the termination unfair and orders the respondent to pay the claimant Kshs.3,950,000 in arrears and severance pay, and to pay the claimant's costs.
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Amara & another v Nairobi Water and Sewarage Co. Ltd; Ethics and Anti-Corruption Comm (Interested Party) (Employment and Labour Relations Petition E212 & E219 of 2023 (Consolidated)) [2024] KEELRC 13520 (KLR) (19 December 2024) (Judgment)
✦ The court found that the Petitioners were wrongfully suspended and dismissed, and that the Respondent violated their rights by not following the HR Policy and Procedure manual.
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Kiema v Export Processing Zones Authority (Petition E002 of 2021) [2024] KEELRC 13606 (KLR) (19 December 2024) (Judgment)
✦ The court declared that the Respondent violated the Petitioner’s rights under Articles 27(1), 29(d), 41, 47(1) and (2) of the Constitution and the Employment Act.
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ISL Kenya Limited v Mutua & another (Appeal E003 of 2021) [2024] KEELRC 13485 (KLR) (19 December 2024) (Judgment)
✦ The appeal is allowed, and the trial court's orders are set aside. The 2nd respondent is entitled to compensation and payment of Kshs. 276,060.00 plus costs and interest. The appellant and the 2nd respondent each bear their own costs of the suit in the trial court.
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Nandi v Machogu, Cabinet Secretary Ministry of Education & 3 others (Employment and Labour Relations Petition E014 of 2024) [2024] KEELRC 13545 (KLR) (19 December 2024) (Judgment)
✦ The Court held that the Council had not abdicated its mandate to appoint the Vice Chancellor to the Cabinet Secretary for Education. The Council's recommendation was binding, and the Petitioner had a legitimate expectation to be appointed.
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Mwangi v SGS Kenya Limited (Cause 1022 of 2017) [2024] KEELRC 13564 (KLR) (19 December 2024) (Judgment)
✦ The Court found that the termination was lawful and fair, as the employer provided a valid reason for the termination based on the employee's negligence in her duties.
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Macharia & 18 others v Scripture Union of Kenya (Cause 355 of 2017) [2024] KEELRC 13599 (KLR) (19 December 2024) (Judgment)
✦ The court finds in favor of the claimants, awarding them severance pay, compensation, and other monetary awards.
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Ludaava v Bonito Hotels Limited; Tbh Hotel Limited (Objector) (Cause 3 of 2020) [2024] KEELRC 13594 (KLR) (19 December 2024) (Ruling)
✦ The court upholds the objection by the objector and sets aside the garnishee order nisi. The court dismisses the application for a blanket order.
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Kenya Engineering Workers Union v Kenya General Industries Limited (Cause E001 of 2024) [2024] KEELRC 13550 (KLR) (19 December 2024) (Judgment)
✦ The grievant's employment was lawfully terminated due to redundancy, and severance pay is due for each full year worked from December 2018 to May 2023.
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Kenya Export Floriculture, Horticulture & Allied Workers Union v Vegpro (K) Ltd (Cause E028 of 2020) [2024] KEELRC 13593 (KLR) (19 December 2024) (Judgment)
✦ The cause is dismissed with no order as to costs due to being sub judice and lacking a list of the names of the grievants in the statement of claim.
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Mwangi v Family Bank Limited (Employment and Labour Relations Cause 331 of 2014) [2024] KEELRC 13509 (KLR) (19 December 2024) (Ruling)
✦ The application for stay of execution is found to be res judicata and the applicant should pursue the appeal if still persuaded so to do
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Kenya Engineering Workers Union v Devik Steel Mills Limited (Cause E042 of 2024) [2024] KEELRC 13515 (KLR) (19 December 2024) (Ruling)
✦ Application dismissed
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Odima & another v General Secretary Kenya National Private Security Workers Union & another (Cause 11 of 2022) [2024] KEELRC 13584 (KLR) (19 December 2024) (Judgment)
✦ The suspension of the Claimants was irregular and unprocedural.
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Soreh v Imai (Petition E243 of 2023) [2024] KEELRC 13568 (KLR) (19 December 2024) (Judgment)
✦ The petition is dismissed, and each party bears their own costs.
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Wanjohi v Guaranty Trust Bank (K) Limited (Cause E655 of 2021) [2024] KEELRC 13468 (KLR) (19 December 2024) (Judgment)
✦ The Claimant was underpaid between 1st April, 2019 and 31st December, 2019, and is awarded Kshs. 45,000 for the underpayment. The summary dismissal was not fair.
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Mwangi v Daystar University & another (Petition E092 of 2024) [2024] KEELRC 13497 (KLR) (19 December 2024) (Judgment)
✦ The Court finds the suspension irregular and declares it null and void. The petitioner is ordered to be reinstated and paid pending salaries. Costs are awarded to the respondents.
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Kenya Union of Commercial Food & Allied Workers v Gusii Water & Sanitation Co Ltd (Cause E046 of 2024) [2024] KEELRC 13472 (KLR) (19 December 2024) (Ruling)
✦ The Court denied the application for interim Orders for union dues deduction and restraining orders against the employer.
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Kenya Concrete, Structural, Ceramic Tiles, Wood Plys & Interior Design Union Workers v Kelco Aluminium Works Limited (Cause E104 of 2022) [2024] KEELRC 13510 (KLR) (19 December 2024) (Ruling)
✦ The Claimant Union has failed to establish recruitment of a simple majority of the Respondent’s unionisable employees to qualify for recognition under Section 54 of the Labour Relations Act.
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County Government of Machakos v Kenya Union of Clinical Officers (Petition E005 of 2024) [2024] KEELRC 13567 (KLR) (19 December 2024) (Judgment)
✦ The strike notice is declared illegal, null and void, and the strike is found to be unconstitutional and contrary to the Constitution of Kenya.