Kenyan case law
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Irene Ndinda Mbinda v Mombasa Filters Supplies [2020] KEELRC 1327 (KLR)
✦ The Court finds that the Respondent has not shown an arguable appeal and that the delay in filing the application is not justified. The application for stay of execution pending appeal is rejected.
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Dalmas Ouma Gor v Yalfa Cargo Handlers Limited [2020] KEELRC 1328 (KLR)
✦ Termination was unfair, and the Respondent shall pay the Claimant equivalent of 7 months' salary in compensation for unfair termination at Kshs. 105,000 and notice at Kshs. 15,000 - total Kshs. 120,000.
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Kennedy Sila Makenzi v Kwale International Sugar Company Limited [2020] KEELRC 1934 (KLR)
✦ The Court finds that the Respondent's factory closure and fire incident justify the application for liquidation of the decretal sum in 4 equal monthly instalments.
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Josphat Ombalo Muyoga v Easytrains Limited [2020] KEELRC 1330 (KLR)
✦ The Court finds the termination unfair and grants the Claimant salary for 17 days worked, notice pay, and compensation for unfair termination.
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Kenya Union of Commercial, Food and Allied Workers v Ponders Limited [2020] KEELRC 1415 (KLR)
✦ The claimant is recognized as the sector trade union, entitled to deduction and remission of union dues, and the respondent is prohibited from intimidating, victimizing, coercing, or terminating the services of employees for union activities.
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Jared Ooko Asingo v Metal Crowns Ltd [2020] KEELRC 1231 (KLR)
✦ The termination of the Claimant's employment was unfair, and the Court awards him six months' salary as compensation.
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Alexina Kubot v Rosalma Wambui Wangi [2020] KEELRC 1247 (KLR)
✦ The Court awards the Claimant Alexina Kubot a total of Kshs. 61,000, including one-month salary in lieu of notice, service pay for one year, salary arrears for 18 days in October, and four months' salary as compensation for unfair termination.
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Naomy Osiemo v Geoffrey Nyang’au t/a Mavuno Mini Supermarket [2020] KEELRC 1407 (KLR)
✦ The court finds that the claimant was dismissed by SMS and that the dismissal was unfair.
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Jedidah Wangui v Eldon Villas Limited [2020] KEELRC 1410 (KLR)
✦ The Court finds the termination to be fair and dismisses the claimant's suit. The respondent's counterclaim for notice pay is allowed.
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Nyangiry Okambaga Bwonditi v Ecobank (K) Limited [2020] KEELRC 1246 (KLR)
✦ The Court finds the claim without merit and dismisses it with costs.
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David Waiyaki Kamaru v Africa Travel Company Ltd [2020] KEELRC 1248 (KLR)
✦ The Court found in favor of the Claimant, awarding five months salary in lieu of notice, leave allowance, and 12 months compensation for unfair dismissal.
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Erastus K. Gitonga & 4 others v National Environment Management Authority; Law Society of Kenya & 2 others (Proposed Interested Parties) [2020] KEELRC 1421 (KLR)
✦ The Court dismissed the applications for joinder and declined to entertain matters of merits due to the appeal preference and functus officio.
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Kenya Plantation and Agricultural Workers Union v Cargill Kenya Limited & another [2020] KEELRC 1344 (KLR)
✦ The Employment and Labour Relations Court (E&LRC) is a specialized court with its own rules, not governed by the Civil Procedure Act.
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James Heather Hayes v African Medical and Research Foundation (AMREF) [2020] KEELRC 1903 (KLR)
✦ The Claimant's contract of employment was terminated due to retirement, and no finding of unfair termination can be made.
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Josephat Munene Murangu v EMCO Billets & Steel Limited [2020] KEELRC 1365 (KLR)
✦ The court dismissed the claimant's suit and ordered the respondent to issue a certificate of service.
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Abdallah Ahmed Shariff v National Social Security Fund [2020] KEELRC 1356 (KLR)
✦ The termination was not unfair and the claimant is not entitled to compensation in that regard. The claimant is entitled to one month pay in lieu of notice and 50% of the claimant's costs of the suit.
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Charles Gacheche Gicheru v SBI International Holdings Ag (Kenya) [2020] KEELRC 1381 (KLR)
✦ The Notice of Appeal and application are incompetent.
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Christine Sarah Muhande v Nanlhang Foreign Engineering Company (K) Ltd [2020] KEELRC 1904 (KLR)
✦ The separation between the Claimant and the Respondent was not in accordance with the provisions of the Employment Act, but the Claimant's conduct mitigates the omission by the Respondent.
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Naomi Nzomo & Evolution Media and Sound Ltd [2020] KEELRC 1159 (KLR)
✦ The termination of the Claimant's service is declared unfair, and she is awarded one month's salary in lieu of notice, unpaid salary arrears, pending leave days, and six months' salary as compensation for unfair termination.
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Sylvester Oduor Oyile v Primefuels (Kenya) Limited [2020] KEELRC 1366 (KLR)
✦ The court finds the termination unfair and orders the respondent to pay the claimant 6 months' salaries and other costs.
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Maurine Igambi v Riruta Baptist Church [2020] KEELRC 1249 (KLR)
✦ The Court finds the termination of employment to be unfair and awards the claimant seven months' salary as compensation.
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John Kahiga Menu v Nuclear Investment [2020] KEELRC 1158 (KLR)
✦ The court finds the termination of employment to be unfair and awards compensation and back pay.
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Kenya Union of Domestic, Hotels, Educational Institutions Hospital Workers (KUDHEIHA Workers) v Avenue Health Care; Kenya National Union of Nurses (Interested Parties) [2020] KEELRC 1377 (KLR)
✦ The court finds that the suit was filed prematurely due to the claimant not exhausting the conciliation procedure under the Labour Relations Act, 2007. The court declares that the respondent is to continue deducting union dues and remitting them to the claimant's gazetted account. The court also issues an injunction against the respondent not to victimize, suspend, dismiss, or lockout employees for participating in lawful trade union activities or affiliating with the claimant.
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Mary Njambi Njenga v Equity Bank Kenya Limited [2020] KEELRC 1428 (KLR)
✦ The Court finds an error on record and corrects it, ordering the respondent to pay the claimant Kshs.51,333.30
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Angela Gwiyo Kuria v Schenker Limited [2020] KEELRC 1345 (KLR)
✦ The Court finds in favor of the claimant, awarding compensation and a certificate of service.