Kenyan case law
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Chandoek v Mediheal Group of Hospitals (Cause 108 of 2018) [2023] KEELRC 2446 (KLR) (12 October 2023) (Judgment)
✦ The court declares that the termination of the claimant by the respondent amounted to wrongful, unfair, and unlawful dismissal.
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Wanjira v Computer Learning Centre (Cause 767 of 2019) [2023] KEELRC 2528 (KLR) (12 October 2023) (Judgment)
✦ The Court finds the termination unlawful and unfair and grants compensation.
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Papa v Alboor Jiwan t/a Red Star Service Station (Cause 854 of 2015) [2023] KEELRC 2439 (KLR) (12 October 2023) (Ruling)
✦ The suit is hereby dismissed for want of prosecution
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Okware v Nyanza Initiative for Girls Education & Empowerment (Cause E046 of 2022) [2023] KEELRC 2443 (KLR) (12 October 2023) (Judgment)
✦ The court found the claim incompetent and dismissed it.
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Motieri v Farmers United/One Acre Fund (Cause 84 of 2014) [2023] KEELRC 2436 (KLR) (12 October 2023) (Judgment)
✦ The Claimant's dismissal from the services of the Respondent is unfair and unlawful.
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Mshihiri v Dock Workers Union (Petition 11 of 2022) [2023] KEELRC 2484 (KLR) (12 October 2023) (Judgment)
✦ The petition is dismissed as not a proper petition due to the unnecessary invocation of the petition process.
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Mudebi v Mega Garment Industries Kenya (EPZ) Limited (Cause 384 of 2017) [2023] KEELRC 2472 (KLR) (12 October 2023) (Judgment)
✦ The claimant's employment was unlawfully terminated, and she is awarded compensation of Kshs. 38,244 and 50% costs.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA) v Hanos (K) Limited t/a Papillion Garden Bar Villa (Cause E001 of 2023) [2023] KEELRC 2475 (KLR) (12 October 2023) (Judgment)
✦ The respondent is liable for terminal dues due to redundancy under the CBA
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Okumu v Ace Nothern Hopsital Ltd (Cause E025 of 2022) [2023] KEELRC 2448 (KLR) (12 October 2023) (Judgment)
✦ The Claimant is not entitled to compensation for unfair termination and the prayer for one month salary in lieu of notice is allowed.
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Ngei v Chief Officer, Public Service Management & Devolution; Migori County Public Service Board (Interested Party) (Judicial Review E024 of 2023) [2023] KEELRC 2447 (KLR) (12 October 2023) (Ruling)
✦ The Court finds that the Employment and Labour Relations Court does have jurisdiction to hear the motion.
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Kemboi v Majani Mingi Sisal Estate Limited (Cause E024 of 2021) [2023] KEELRC 2445 (KLR) (12 October 2023) (Ruling)
✦ The court grants the claimant leave to amend his memorandum of claim
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Mukenya v Texas Alarms (K) Limited (Appeal E083 of 2021) [2023] KEELRC 2482 (KLR) (12 October 2023) (Judgment)
✦ The court finds the termination of employment justified due to gross misconduct and dismisses the claims for notice pay, untaken leave days, pay for work during public holidays, house allowances, underpayments, and gratuity pay.
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Wanjagua v Nairobi Waldore School Trust (Cause E6449 of 2020) [2023] KEELRC 2517 (KLR) (12 October 2023) (Judgment)
✦ The termination was not for a valid reason and was not conducted fairly.
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Ndung’u v Mirimi & 3 others (t/a Murimi Ndumia Mbago & Muchela Advocates) (Cause E038 of 2022) [2023] KEELRC 2477 (KLR) (12 October 2023) (Judgment)
✦ The claimant's claim for an increased salary and petty cash reimbursement is dismissed. The claimant is not entitled to house allowances as his salary was already above the minimum wage.
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Mochama v Kenya Nut Company Limited (Cause 2348 of 2017) [2023] KEELRC 2450 (KLR) (12 October 2023) (Judgment)
✦ The termination was substantively and procedurally unfair, and the Claimant is entitled to one month's salary in lieu of notice and a declaration of unfair termination.
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Matheka v Association for the Physically Disabled of Kenya (APDK) Likoni Quality Furniture (Appeal E024 of 2022) [2023] KEELRC 2478 (KLR) (12 October 2023) (Judgment)
✦ The judgment of the trial court is upheld with costs to the respondent, and the appellant shall be issued with his Certificate of Service in accordance with Section 51 of the Employment Act, 2007
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Murugi v Diani F& B Limited t/a Funky Monkey Ventures & Salty Squid (Cause E012 of 2023) [2023] KEELRC 2440 (KLR) (12 October 2023) (Ruling)
✦ The suit is not ex-facie incompetent and can be ventilated before the court.
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Khanda v Maseno University (Cause E013 of 2022) [2023] KEELRC 2435 (KLR) (12 October 2023) (Judgment)
✦ The Claimant's claim is allowed, and the Respondent is ordered to pay Kshs. 554,400 to the Claimant.
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Kenja v Raiply Woods (K) Limited (Cause 185 of 2018) [2023] KEELRC 2576 (KLR) (12 October 2023) (Judgment)
✦ The court found the termination unfair due to the Respondent's failure to conduct a disciplinary hearing and provide a fair reason for dismissal.
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Kenya Plantation & Agricultural Workers Union v Eastern Produce (K) Limited (Miscellaneous Application E004 of 2023) [2023] KEELRC 2444 (KLR) (12 October 2023) (Ruling)
✦ The Court dismisses the application and orders the case to proceed in Kapsabet Magistrate Court
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Maina v Kenya Commercial Bank PLC & another (Constitutional Petition E003 of 2023) [2023] KEELRC 2442 (KLR) (12 October 2023) (Ruling)
✦ The application for review is declined for want of merit.
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Gombe v Agricultural Finance Corporation (Employment and Labour Relations Cause 371 of 2012) [2023] KEELRC 2449 (KLR) (12 October 2023) (Judgment)
✦ The Court found that the Respondent did not unlawfully terminate the Claimant's contract of employment.
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Katiku & another v Texas Alarms (K) Limited (Cause 911 of 2017) [2023] KEELRC 2527 (KLR) (12 October 2023) (Judgment)
✦ Dismissal was unlawful and unfair, and claimants are entitled to compensation and benefits
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Mwangi v Tangaza College (The Catholic University of Eastern Africa) (Cause E530 of 2020) [2023] KEELRC 2503 (KLR) (11 October 2023) (Judgment)
✦ The Court finds that the Claimant's employment was not terminated and that the redeployment amounted to demotion, which is an unfair labor practice.
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Munyasia v National Council of Churches of Kenya (NCCK) (Miscellaneous Application E082 of 2023) [2023] KEELRC 2509 (KLR) (11 October 2023) (Ruling)
✦ Court adopts Director's award and orders payment of Kshs 1,702,853.70, interest at court rates, costs awarded to Claimant