Kenyan case law
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Kioko v Astral Industries Limited (Employment and Labour Relations Claim 1980 of 2017) [2022] KEELRC 3952 (KLR) (22 September 2022) (Judgment)
✦ The court found the claimant was employed by the respondent from January 4, 2016, and terminated on July 13, 2016. The termination was not unfair.
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Muriu v Hygrotech East Africa Ltd (Cause 21 of 2020) [2022] KEELRC 12811 (KLR) (22 September 2022) (Ruling)
✦ The application is dismissed with costs to the claimant.
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Mogusii Farmers Group & another v Kenya Plantation & Agricultural Workers Union Nakuru; Nyamira County & 11 others (Interested Parties) (Cause E063 of 2021) [2022] KEELRC 3966 (KLR) (22 September 2022) (Ruling)
✦ The court declines to join the 4th to 10th intended interested parties as they are agents of the respondent and the suit has already been resolved by consent.
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Muthoka v Kenya Medical Training College; Kenya Anti- Corruption Commission (Interested Party) (Employment and Labour Relations Petition E018 of 2022) [2022] KEELRC 4087 (KLR) (22 September 2022) (Judgment)
✦ The reinstatement of an employee by the Court is a discretionary matter that is wholly dependent on the circumstances at hand. The Petitioner's claim fails on the basis of the legal doctrine Ex Tupri Causa Non Oritur Actio.
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Mwangi v G4S (Kenya) Ltd (Cause 244 of 2017) [2022] KEELRC 4125 (KLR) (22 September 2022) (Judgment)
✦ The court declares the summary dismissal of the claimant by the respondent unreasonable and wrongful for lack of substantive fairness.
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Okello v Ms.Farida Karoney, Cabinet Secretary For Lands And Physical Planning & another; Ethics And Anti Corruption Commission & another (Interested Parties) (Employment and Labour Relations Petition E018 of 2021) [2022] KEELRC 12725 (KLR) (22 September 2022) (Judgment)
✦ The Court dismisses the petition due to the preliminary objection raised by the Respondents regarding the Court's jurisdiction to remove the Cabinet Secretary.
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Onduma v Bontana Hotel Nakuru T/A Rift Valley Adventures and Hotels (Cause 153 of 2015) [2022] KEELRC 4865 (KLR) (22 September 2022) (Ruling)
✦ The court allows the applicant to defend their case and orders the applicant to pay the respondent's costs of 5,000/= before the hearing date.
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Oleshetiti v Astral Industries Limited (Cause 1979 of 2017) [2022] KEELRC 4855 (KLR) (22 September 2022) (Judgment)
✦ The court found the termination of the claimant's employment to be unfair due to the respondent's failure to comply with the redundancy process as prescribed by the Employment Act, 2007.
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Mayieka v DHL Excel Supply Chain [K] Limited (Cause 2082 of 2016) [2022] KEELRC 12918 (KLR) (22 September 2022) (Judgment)
✦ The Court found the termination to be unlawful and unfair, and ordered the Respondent to pay the Claimant service pay, pension fund contributions, and an order for a certificate of service.
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Muthinga v Nakuru County Public Service Board & 2 others (Cause E024 of 2022) [2022] KEELRC 12699 (KLR) (22 September 2022) (Ruling)
✦ The court finds the application merited and directs the respondents to lift the suspension of the claimant's employment and order his immediate reinstatement. An injunction is also issued to prevent further interference with his employment.
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Opondo v Kizito (Cause 1254 of 2016) [2022] KEELRC 3933 (KLR) (22 September 2022) (Judgment)
✦ The Court finds and holds that the Respondent terminated the Claimant's employment without a valid reason and in violation of due procedure.
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Ogechi v Wambiri & 2 others (Cause 100 of 2018) [2022] KEELRC 4006 (KLR) (22 September 2022) (Judgment)
✦ The termination of the Claimant was unfair and unjustified.
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Mulwa v World Concern Development Organisation (Cause 534 of 2016) [2022] KEELRC 3971 (KLR) (22 September 2022) (Judgment)
✦ The Court found the Claimant was on probation and dismissed for gross misconduct.
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Magaju v Bash Hauliers Limited (Cause 920 of 2016) [2022] KEELRC 12790 (KLR) (22 September 2022) (Judgment)
✦ Termination of claimant's employment was both substantively and procedurally unfair.
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Hamasi v Capital Reef [CO] Ltd (Appeal 22 of 2022) [2022] KEELRC 3998 (KLR) (22 September 2022) (Judgment)
✦ The Employment and Labour Relations Court is without jurisdiction to hear the appeal due to the Work Injury Benefits Act's express ouster of jurisdiction over work injury claims.
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Masinde v Society Limited (Cause 1 of 2020) [2022] KEELRC 4084 (KLR) (22 September 2022) (Judgment)
✦ The court finds that the claimant was not terminated but rather sent on a compulsory leave, which was not legal and justifiable.
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Protective Custody Limited v Omukuba (Appeal E036 of 2021) [2022] KEELRC 3931 (KLR) (22 September 2022) (Ruling)
✦ The court grants the application and orders the Respondent to file a cross appeal within 30 days
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Gas Kenya Limited v Odhiambo (Appeal E006 of 2022) [2022] KEELRC 3930 (KLR) (22 September 2022) (Judgment)
✦ The dismissal was found to be unjustified and the award of 12 months' salary as compensation for unfair dismissal is set aside.
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Kabue & another v Council, Egerton University & another (Judicial Review 01 of 2022) [2022] KEELRC 4129 (KLR) (22 September 2022) (Judgment)
✦ The court orders that the Respondents are prohibited from conducting disciplinary proceedings against the 1st Applicant.
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Obel v G4S Security Services Kenya Limited (Miscellaneous Application E061 of 2021) [2022] KEELRC 3924 (KLR) (22 September 2022) (Ruling)
✦ The court found that the applicant has not explained the reason for the delay in filing her appeal and has not proved worthy of the court's discretionary power.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Board of Management Friends College Kaimosi (Cause 102 of 2021) [2022] KEELRC 3990 (KLR) (22 September 2022) (Judgment)
✦ The court finds that the termination of the grievant's employment was not lawful and fair, and awards the claimant certain reliefs including annual leave in arrears, notice pay, salary arrears, and interest.
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Chikololo v National Bank of Kenya (Cause 812 of 2017) [2022] KEELRC 12877 (KLR) (22 September 2022) (Judgment)
✦ The termination of the claimant’s employment was not procedurally fair.
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Omenjo v Platinum Credit Ltd (Cause 2293 of 2016) [2022] KEELRC 12856 (KLR) (22 September 2022) (Ruling)
✦ The claimant's application should be granted as it seeks to reinstate the suit on merit.
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Chishenga v Imarika Sacco (Cause 11 of 2019) [2022] KEELRC 3947 (KLR) (22 September 2022) (Judgment)
✦ The court found that the termination was not unfair and dismissed the action with costs.
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Tsuma v Tudor Services Ltd (Appeal E080 of 2021) [2022] KEELRC 4001 (KLR) (22 September 2022) (Ruling)
✦ The application is dismissed with costs.