Kenyan case law
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Nzioka & another v Gateway Marine Services Limited (Cause E139 of 2023) [2024] KEELRC 2296 (KLR) (26 September 2024) (Judgment)
✦ The termination of employment was found to be unfair and without due process.
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Slingshot Limited & another v Nyamai & another (Employment and Labour Relations Appeal E120 of 2024) [2024] KEELRC 2297 (KLR) (26 September 2024) (Judgment)
✦ The learned magistrate's ruling on the objections to the 1st respondent's application to act in person was upheld. The garnishee application was struck out.
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Odhiambo v Biodeal Laboratories Limited (Employment and Labour Relations Cause E567 of 2021) [2024] KEELRC 2389 (KLR) (26 September 2024) (Ruling)
✦ Application is struck off with costs
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Omar v Sheikh Zayed Children Welfare (Miscellaneous Cause E047 of 2023) [2024] KEELRC 2334 (KLR) (26 September 2024) (Ruling)
✦ The Court dismisses the Applicant's Notice of Motion and orders that the Applicant's Notice of Motion dated 13th September 2023 must fail.
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Marwa v National Police Service Commission & 3 others (Constitutional Petition E195 of 2022) [2024] KEELRC 2292 (KLR) (26 September 2024) (Ruling)
✦ The Court found that the petition is not an ordinary employment claim but a constitutional petition.
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Mwanyolo v SBM Bank Limited (Formerly Fidelity Commercial Bank Limited) & 2 others (Cause 132A of 2023) [2024] KEELRC 2321 (KLR) (26 September 2024) (Ruling)
✦ The suit will be reinstated on condition that the claimant meets the costs due to the 1st respondent
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Owuor v Saab Kenya Limited (Employment and Labour Relations Cause 983 of 2018) [2024] KEELRC 2450 (KLR) (26 September 2024) (Judgment)
✦ The termination of the Claimant's employment was not procedurally fair.
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Republic v Registrar of Trade Unions; Kinyangi & 5 others (Exparte Applicants) (Judicial Review E032 of 2023) [2024] KEELRC 2351 (KLR) (26 September 2024) (Ruling)
✦ Application for joinder granted, interested party is allowed to file a reply affidavit within 21 days of the ruling.
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Maina v Kenya Commercial Bank PLC & another (Constitutional Petition E003 of 2023) [2024] KEELRC 2287 (KLR) (26 September 2024) (Ruling)
✦ The court held that an arbitration clause does not oust the jurisdiction of the court to entertain disputes arising from the contract. The court will allow the parties to resolve disputes through arbitration.
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Mohamed & 2 others v Pothiwala t/a Sangoro Boat Services (Employment and Labour Relations Cause E019 of 2024) [2024] KEELRC 2338 (KLR) (26 September 2024) (Ruling)
✦ The presiding judge is recused from hearing the case
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Ndieyira v Inspector-General of Police & 3 others (Petition E038 of 2020) [2024] KEELRC 2455 (KLR) (26 September 2024) (Judgment)
✦ The Court found that the Respondents' decision to dismiss the Petitioner was not ultra vires.
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Leah v Iran Medical Clinic (Cause E847 of 2021) [2024] KEELRC 2442 (KLR) (26 September 2024) (Judgment)
✦ The court found that the Respondent did not pay the Claimant her salary for six months, which substantially altered the terms of the contract and may constitute a repudiatory breach. The court will determine whether this constitutes constructive dismissal.
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Gontier v Acacia Medical Centre Limited (Employment and Labour Relations Cause E594 of 2022) [2024] KEELRC 2282 (KLR) (26 September 2024) (Ruling)
✦ The suit is not barred by limitation of actions
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Mbevi v Crystal Bay Resort (Cause E009 of 2022) [2024] KEELRC 2320 (KLR) (26 September 2024) (Judgment)
✦ The court found that the termination was unfair and ordered the payment of 3 months' notice pay.
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Wekesa v Mombasa (Cause E015 of 2024) [2024] KEELRC 2295 (KLR) (26 September 2024) (Judgment)
✦ The claimant's employment was terminated through summary dismissal due to gross misconduct.
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Maganda v Kenya Methodist University (Employment and Labour Relations Cause E1342 of 2018) [2024] KEELRC 2277 (KLR) (25 September 2024) (Ruling)
✦ The claim is time barred and the suit is hereby struck out with costs.
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Kenya County Government Workers Union Bungoma County Branch v Bungoma County Public Service Board & another; Muyundi (Applicant) (Petition 1 of 2019) [2024] KEELRC 2335 (KLR) (25 September 2024) (Ruling)
✦ The application is allowed, and the report of the respondents is expunged from the court record. The respondents are ordered to fully comply with the judgment of the court.
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Shah v Vitafoam Products Limited (Employment and Labour Relations Cause 342 of 2019) [2024] KEELRC 2278 (KLR) (25 September 2024) (Judgment)
✦ The court found that the termination of the Claimant's employment was unfair and unlawful.
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Matseshe v Kenya Institute of Management (Cause 303 of 2017) [2024] KEELRC 2289 (KLR) (25 September 2024) (Ruling)
✦ The court denied the application for stay of execution pending appeal due to unreasonable delay and lack of substantial loss.
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Wambua v South Eastern Kenya University & 3 others (Petition 4 of 2021) [2024] KEELRC 2324 (KLR) (25 September 2024) (Ruling)
✦ Both preliminary objections are dismissed with costs to the Petitioner
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Osedo & 15 others v Ken-Knit (Kenya) Limited (Petition 12 of 2019) [2024] KEELRC 2352 (KLR) (25 September 2024) (Quantum Judgment)
✦ The court finds that the Petitioners are entitled to gratuity and leave dues as per the CBAs and the Employment Act, and orders the Respondent to recalculate and forward the Petitioners' terminal benefits.
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Ochieng v Edge & Motion Group Limited (Appeal E058 of 2023) [2024] KEELRC 2322 (KLR) (25 September 2024) (Judgment)
✦ The court finds that the Appellant has discharged the burden of proof for unfair termination and the Respondent failed to provide valid reasons for the dismissal.
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Republic v Cabinet Secretary Ministry of East African Community Labour and Social Protection & another; Tom Mboya Odege & 2 others (Exparte) (Judicial Review Application 36 of 2017) [2024] KEELRC 2279 (KLR) (25 September 2024) (Judgment)
✦ The Respondents have not proved that the Ex Parte Applicants were unlawfully holding two full-time jobs.
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Obonyo & 50 others v Kenya Engineering Workers Union (Miscellaneous Application 132 of 2018) [2024] KEELRC 2285 (KLR) (25 September 2024) (Ruling)
✦ The application is dismissed with costs to the respondent, and the applicant is ordered to pay the costs due to the respondent.
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Kahiu & 8 others v Bollore Transport and Logistics Kenya Limited (Cause 259 of 2020) [2024] KEELRC 2288 (KLR) (25 September 2024) (Judgment)
✦ The termination was fair in both substance and procedure, as the Respondent proved the reason for termination was valid and fair, and the Claimants were given procedural fairness.