Kenyan case law
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Lilian W. Nguli v Bayusuf Cargo Handlers Ltd & another [2019] KEELRC 1427 (KLR)
✦ Termination was unfair and the Claimant is granted equivalent of 61.5 months' salary in compensation for unfair termination at Kshs. 130,000.
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Osielo Okoth O’king & 3 others v A Claim in Rem against the Owners of Motor Vessel Nasibu, Nasibu Fishing Company Ltd [2019] KEELRC 1367 (KLR)
✦ The application by the respondent is dismissed with costs to the claimants.
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Solomon Githae Irungu v Nairobi City Water and Sewerage Company Limited [2019] KEELRC 1345 (KLR)
✦ The application is dismissed with costs to the Respondent.
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Kenya Electrical Trades & Allied Workers Union v Kenya Power & Lighting Company [2019] KEELRC 1418 (KLR)
✦ The Application for Judicial Review is declined.
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Mdoe Mkala v G4S Kenya Limited [2019] KEELRC 1441 (KLR)
✦ The termination was declared unfair and the Respondent was ordered to pay the Claimant 1 month salary in lieu of notice and 6 months' salary in compensation for unfair termination.
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Ngumbi Ndunyu v Bito Limited [2019] KEELRC 1342 (KLR)
✦ Claimant awarded 1 month salary in lieu of notice, unpaid leave, unpaid salary, and 8 months salary as compensation for unfair termination.
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Kenya Union of Domestic, Hotels, Educational Institutions, Hospital & Allied Workers v B.O.M Deb Gichiche Primary School [2019] KEELRC 1368 (KLR)
✦ The court finds the termination of the Grievant's employment procedurally unfair and orders compensation for one month's salary in lieu of notice, salary for October and November 2015, underpayment between 2013 and 2015, and 12 months' salary compensation.
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Benjamin Okombe Mokaya v Factory Guards Mombasa Ltd [2019] KEELRC 1435 (KLR)
✦ The Court orders the Respondent to pay the Claimant 9 months' salary in compensation for unfair termination at Kshs. 122,499 and notice at Kshs. 13,611.
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Patrick Musyoka Mwilu v Mombasa Maize Millers Limited [2019] KEELRC 1422 (KLR)
✦ The claim has no merit and is declined with no order on the costs.
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Peter Kilatya v Bamburi Cement Limited [2019] KEELRC 1386 (KLR)
✦ Interest was granted based on simple interest, and the judgment shall be satisfied based on simple interest rate.
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Patrick Kiplangat Kirui v Roadtainers [Msa] Limited [2019] KEELRC 1384 (KLR)
✦ The termination was unfair and the Respondent is ordered to pay the Claimant compensation equivalent to 7 months' salary, pro-rata leave, and salary for 8 days worked.
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Marete v Judicial Service Commission (Petition 88 of 2019) [2019] KEELRC 1432 (KLR) (12 June 2019) (Ruling)
✦ The court dismissed the application.
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Pauline Wanjuru W v Kenya Medical Research Institute [2019] KEELRC 1357 (KLR)
✦ The termination was found to be wrongful, unfair, and unlawful due to lack of valid reasons and fair procedure. The claimant was awarded compensation equivalent to 12 months' salary for unfair termination and damages for discrimination.
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Desmond Mukolwe v Ecart Services Kenya Limited [2019] KEELRC 1356 (KLR)
✦ The Claimant is entitled to compensation for the unfair redundancy
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Jayne Nyagoha Emisembe v Nairobi County Branch (KUPPET) [2019] KEELRC 1351 (KLR)
✦ Stay of execution of judgment granted, Respondent/Applicant to deposit half the decretal sum in an interest-earning account
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Thomas Mongare Oyaro v Samore Engineering Limited [2019] KEELRC 1359 (KLR)
✦ The termination was unfair and unjustified, and the Claimant is awarded compensation and a certificate of service.
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Alice Nkirote Muriungi & 4 others v Delmonte (K) Limited [2019] KEELRC 1444 (KLR)
✦ Application for reinstatement of the suit is dismissed
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John Obonyo & 50 others v Kenya Engineering Workers Union [2019] KEELRC 1361 (KLR)
✦ The Respondent is ordered to deposit the Decretal sum of Kshs. 18,012,038/= together with interest thereon in a joint interest accruing account as between itself and Advocates for the Applicants. The Decretal sum is to be remitted to the beneficiaries jointly by the Respondent and the Advocates for the Applicants.
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Devki Steel Mills Limited v Henry Mbuvi Wambua & another [2019] KEELRC 1350 (KLR)
✦ The court declines to grant the stay as the Appellant has not provided a copy of the impugned judgment and has not shown that the appeal is arguable.
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Kenya Union of Employees of Voluntary & Charitable Organizations (KUEVACO) v Kenya Union of Commercial Food & Allied Workers (KUCFAW) [2019] KEELRC 1353 (KLR)
✦ The court will use the attached list (APPENDIX 1) as commuted by the court for the computation of the decretal sums for the redundant employees.
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Kenya Union of Employees of Voluntary and Charitable Organizations (KUEVOKA) v Board of Governors Pumwani Secondary School [2019] KEELRC 1354 (KLR)
✦ The Court dismisses the Application for review and finds no reason to do so.
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Salesa Guyo Boru & 9 others v Jianxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 1469 (KLR)
✦ Each of the 10 Claimants will recover 3 month's salary as compensation for unlawful dismissal.
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Nicholas Kirimiv SBI International Holdings AG (Kenya) [2019] KEELRC 1468 (KLR)
✦ The termination of the Claimant's employment was not unfair and the Respondent was not in breach of contract.
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Rogers Omosa Matundura & 11 others v Mills Industries Ltd & another [2019] KEELRC 1511 (KLR)
✦ The claimants' claim for redundancy benefits is dismissed as they failed to provide a basis for the figures used in their tabulation.
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Africert Limited v Kipkorir Albert Langat [2019] KEELRC 1480 (KLR)
✦ Respondent was in breach of contract and ordered to pay Kshs 360,000 in lieu of notice.