Kenyan case law
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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.
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Magot Freight Services Limited & another v Samson Mwakenda Mangale [2021] KEELRC 1291 (KLR)
✦ The trial court had no jurisdiction to entertain the claim and the judgment is set aside.
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Robert Njuguna Karanu v Economic Housing Group Ltd & 4 others [2021] KEELRC 1272 (KLR)
✦ The preliminary objection is not merited and the claim proceeds.
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Brian Kimani Ngichiri v Serville Investments Limited [2021] KEELRC 1304 (KLR)
✦ Claimant is awarded compensation for unlawful dismissal and other benefits.
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Roman Waema & 2 others v Nicholas Mbugua & 4 others [2021] KEELRC 1301 (KLR)
✦ The Petitioners' Notice of Motion dated 17th March 2021 is disallowed with costs to the Respondents
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Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied Workers (Kudhehia) v Management of Tea Hotel;Ravji Devji Chhabhadia & 3 others (Purchasers/Respondents); Yas Angwan Holdings Limited & another (Proposed Interested Parties [2021] KEELRC 1259 (KLR)
✦ The preliminary objection is not merited and is dismissed.
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Joseph Irungu Kimani v Kensalt Limited [2021] KEELRC 1290 (KLR)
✦ The Court found that the termination was lawful and fair, and the Claimant is not entitled to the remedies sought.
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Kilelson Mutai v Governor County Govt of Bomet & 2 others [2021] KEELRC 1277 (KLR)
✦ Claimant's case dismissed with no order of costs
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Paul K. Langat v Kenya Defence Forced 9th Batallion & another [2021] KEELRC 1245 (KLR)
✦ The court reinstates the claimant's case and hearing, finding the claimant's counsel's performance inadequate.
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Philip Kiprono Maritim v Kenyatta National Hospital [2021] KEELRC 1305 (KLR)
✦ The claim is not time barred and the Preliminary Objection is dismissed.
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Peter Muunda Mwanzia v Air Sea Logistics Limited [2021] KEELRC 1289 (KLR)
✦ The termination of employment was lawful as it was a transfer of services or outsourcing, and the Claimant did not accept the offer to move to Panalpina Ltd.
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Catherine Mueni Mutuku v International Livestock Research Institute [2021] KEELRC 1309 (KLR)
✦ The Court lacks jurisdiction to hear and determine the suit due to the respondent's immunity under the Host Country Agreement.
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Egerton University v John Marani [2021] KEELRC 1262 (KLR)
✦ The learned magistrate had jurisdiction to handle the counterclaim and the counterclaim was proved.
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Nancy Omolo v Mercy Corps [2021] KEELRC 1136 (KLR)
✦ The Court upholds the objection to the line of questions raised by the Respondent's Counsel in re-examination and limits the questions to those that arose in cross-examination.
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Loice Apiyo Omoga v Bandari Sacco Society Limited [ (Cause 776 of 2017) [2021] KEELRC 1273 (KLR) (7 July 2021) (Ruling)
✦ The Court finds an error apparent on the face of the record and reviews the previous judgment, expunging the statement 'lack of specific reliefs pleaded' from the record. The orders dismissing the claim stand.
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Nicholas Ngeno v Governor Kericho County Government & County Government of Kericho [2021] KEELRC 1266 (KLR)
✦ The Petitioner's rights under Articles 10, 41, 47 and 236 of the Constitution were breached, and the decision to remove him from office is null and void.
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Khamisi Mwandia Kalinga v Modern Coast Express Limited [2021] KEELRC 1275 (KLR)
✦ Termination was unfair, and the Respondent is ordered to pay compensation and notice pay.
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James Ambuso Omondi v Alice Mercy Wahome & another [2021] KEELRC 1141 (KLR)
✦ The motion is denied as the injury suffered is not irreparable and can be adequately compensated by an award of damages. The Petitioner is ordered to return the electronic gadgets and the Respondents must release the withheld funds.
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Mwangi v Mbugua (Cause 312 of 2016) [2021] KEELRC 2313 (KLR) (7 July 2021) (Judgment)
✦ The claimant's dismissal was not unlawful, unjust, or discriminatory, and the claim is dismissed with no orders of costs.
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Edward Waka Osare v Inter Security Limited [2021] KEELRC 1288 (KLR)
✦ The court allows the respondent's application and reinstates the defence case for hearing on merit.
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Sheria Mtaani Na Shadrack Wambui & Nadi Boru Mohammed & 2 others v Judicial Service Commission (Judicial Review E003 of 2021) [2021] KEELRC 1137 (KLR) (6 July 2021) (Ruling)
✦ The Court held that the requirement of a three-year post-admission experience for consideration as a Resident Magistrate is not null and does not violate Articles 10, 27, 47, and 55 of the Constitution and Section 32(2) of the Judicial Service Act, No. 1 of 2011.
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James Nyaboga Nyabonda v Menengai Oil Refinaries Ltd [2021] KEELRC 1298 (KLR)
✦ The claimant was unlawfully and unfairly terminated and awarded compensation equivalent to 8 months salary.
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Matange v Kanini Haraka Enterprises Limited (Employment and Labour Relations Cause 119 of 2015) [2021] KEELRC 2424 (KLR) (6 July 2021) (Judgment)
✦ The termination was found to be unfair and unjustified, and the claimant is awarded compensation and other remedies.
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Sammy Kanyi v UAP Insurance Company Limited [2021] KEELRC 1326 (KLR)
✦ The Court declined the Claimant's Application and set aside the Statutory Notice. The Court ordered the Respondent to pursue its Counterclaim in court and not to enforce more than one remedy simultaneously.
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Allan Pamba v Kenya Hospital Association for and on behalf of the Nairobi Hospital & another [2021] KEELRC 1339 (KLR)
✦ The motion is dismissed with costs to the Respondent.