Kenyan case law
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Nahashon Ikou Munyi v G4s Kenya Limited [2017] KEELRC 1460 (KLR)
✦ The Court finds that the Respondent had a valid reason for dismissing the Claimant as contemplated under Section 43 of the Employment Act, 2007. The Claimant's entire claim is dismissed with each party bearing their own costs.
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Peter Mwanzia Kasau v Kobo Safaris Limited (Cause 1317 of 2011) [2017] KEELRC 815 (KLR) (Employment and Labour) (28 April 2017) (Ruling)
✦ Application for stay of execution pending appeal is dismissed
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Kenya National Union of Nurses v Chief Officer Public Service Management, County Government of Uasin Gishu & 3 others [2017] KEELRC 1116 (KLR)
✦ The Court held that the Union's Notice of Withdrawal was fatally defective and incapable of withdrawing the suit.
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Credit Reference Bureau Holdings Limited v Steven Kunyiha [2017] KEELRC 1418 (KLR)
✦ The application is found without merit and the order of interlocutory injunction is declined.
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S R M v G S S (K) Limited & Dominic Ooko (Cause 220 of 2014) [2017] KEELRC 1385 (KLR) (Employment and Labour) (28 April 2017) (Judgment)
✦ The court finds that the defendant condoned the sexual harassment and is vicariously liable. The court orders the defendant to pay the claimant Kshs 5,928,000 in damages.
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Roda Mogaka v Naomi N. Mwangi & 2 others [2017] KEELRC 1180 (KLR)
✦ Interlocutory injunction issued to restrain Respondents from proceeding with disciplinary case against Claimant
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals & Allied Workers v Egerton University [2017] KEELRC 1163 (KLR)
✦ The Court held that the correct formula for computing commuted leave pay is the basic salary, not the consolidated salary.
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Kennedy Onyango Okumu & 2 others v Mombasa Port Cooperative Savings and Credit Society Limited [2017] KEELRC 1376 (KLR)
✦ The termination of the claimants' contract of service was fair as they admitted the offences charged and were found guilty after a fair hearing.
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Kenya Union of Employees of Polytechnics, Colleges and Allied Institutions – (KUEPCAI) v Board of Management, St. Peters Sang’alo Secondary School [2017] KEELRC 1453 (KLR)
✦ Application granted, stay of further proceedings issued, ex-parte judgment set aside, respondent granted leave to respond within 45 days
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Kenya Plantation & Agricultural Workers Union v Eastern Produce (K) Limited [2017] KEELRC 1442 (KLR)
✦ The application is unsustainable and dismissed with costs.
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Kenya Private Universities Workers Union v University of Eastern Africa Baraton [2017] KEELRC 1419 (KLR)
✦ The court finds no case of termination of employment for the claimant.
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Kefa Nyamweya Mokaya v Nyamira Tea Farmers Savings and Credit Co-operative Society Limited [2017] KEELRC 1393 (KLR)
✦ The court dismisses the preliminary objection and orders each party to bear their own costs.
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Joseph Aura v China Jiangxi International (K) Limited [2017] KEELRC 1420 (KLR)
✦ The claimant is entitled to one month's salary in lieu of notice, five months' salary as compensation for unfair termination, and the cost of the claim shall be borne by the respondent.
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Elkana Kipruto Tallam v Elkana Kipruto Tallam [2017] KEELRC 1448 (KLR)
✦ The termination of the claimant's employment was lawful and the claimant is not entitled to the relief sought.
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Kenya Union of Commercial Food and Allied Workers v Kisii Bottlers Limited [2017] KEELRC 1429 (KLR)
✦ The court finds a case of wrongful, unfair and unlawful termination.
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Barak Guyo Sarana v Luqman Petroleum Company [2017] KEELRC 1410 (KLR)
✦ The court finds that the claimant was not an employee of the respondent and dismisses the claim.
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Christopher Obura v Aggreko International Projects Limited & another [2017] KEELRC 1436 (KLR)
✦ The application is dismissed on grounds of time limitation
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Merinda Lyndah Ajiambo v SMEP Microfinance Bank Limited [2017] KEELRC 1459 (KLR)
✦ The court dismissed the application and ordered the respondent to pay the withheld salary and allowances, but did not order reinstatement or injunctions.
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James Finlay (K) Ltd v Roseline Atieno George [2017] KEELRC 1353 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Mustapha Barasa v Eldoret Grains Limited [2017] KEELRC 1445 (KLR)
✦ The claimant's claim is time-barred and should be struck out with costs
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Kenya Union of Employees of Polytechnic, Colleges and Allied Instituions (KUEPCAI) v Board of Management ILMOTIOOK Secondary School [2017] KEELRC 1456 (KLR)
✦ The application for review is dismissed with costs to the respondent.
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Nancy Cheptanui v Riftvalley Bottlers Limited [2017] KEELRC 1395 (KLR)
✦ The termination of the employment was lawful and the claimant is not entitled to the relief sought.
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Kenya Union of Employees of Polytechnics, Colleges and Allied Institution Kuepcai v Moi Teaching And Referral Hospital [2017] KEELRC 1446 (KLR)
✦ The court dismisses the claim with orders that each party bears their own costs.
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Abraham Kimutai Cheruiyot v Aga Khan Hospital Kisumu [2017] KEELRC 1434 (KLR)
✦ The preliminary objection is dismissed with costs to the claimant
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James Finlay (K) Ltd v Joseph Kipruto Rotich [2017] KEELRC 1327 (KLR)
✦ The decision of the lower court is upheld. The appeal is dismissed with costs to the respondent.