Kenyan case law
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Munyua v Industrial Promotion Services (K) Limited & another (Cause 1358 of 2018) [2023] KEELRC 2429 (KLR) (6 October 2023) (Judgment)
✦ The Court found that the termination was unfair and unlawful, and awarded compensatory damages and salary for 10 days worked.
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Kiilu v Standard Chartered Bank (K) Ltd (Cause 2191 of 2017) [2023] KEELRC 2426 (KLR) (6 October 2023) (Judgment)
✦ The Claimant failed to prove his case on a balance of probability, and the Claim is dismissed in its entirety.
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Solio Ranch Limited v Ngugi (Employment and Labour Relations Appeal E002 of 2022) [2023] KEELRC 2396 (KLR) (6 October 2023) (Judgment)
✦ The court finds that the Appellant was not denied the right to be heard, and the reliefs awarded were supported by law and evidence.
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Kenya Union of Commercial Food and Allied Workers v Ruchu Gacharage Farmers Cooperative Union Limited (Cause E021 of 2021) [2023] KEELRC 2397 (KLR) (6 October 2023) (Judgment)
✦ The court finds that the doctrine of frustration does not apply to the case and the correct quantum of gratuity is determined.
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Njuguna v Principal Secretary Ministry of Lands, Housing & Urban Development & another (Cause 1276 of 2014) [2023] KEELRC 2571 (KLR) (5 October 2023) (Judgment)
✦ The Court found that the Special Audit Report was not doctored and that the Respondent had valid reasons to terminate the employment contract. The Respondent complied with fair procedure and the Claimant is not entitled to the remedies sought.
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David & 187 others v Governor, County Government of Kilifi & 2 others (Petition E003 of 2023) [2023] KEELRC 2416 (KLR) (5 October 2023) (Ruling)
✦ An order of injunction is issued restraining the respondents from terminating, advertising, or conducting any recruitment process on the petitioners' positions, and from re-instating any employee whose service has been terminated as a casual employee.
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Matheka v Nyaga & another (Constitutional Petition E015 of 2022) [2023] KEELRC 2458 (KLR) (5 October 2023) (Ruling)
✦ The application is dismissed and the decree Order Nisi discharged. Each party to bear their own costs of the application.
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Orodo v University of Nairobi (Cause 1191 of 2018) [2023] KEELRC 2454 (KLR) (5 October 2023) (Judgment)
✦ The Court finds that the respondent fell into error by calculating gratuity at 28 days per year instead of 31% of basic salary for 28 years of service.
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Kibiku v Oracle Technology Systems (Kenya) Limited (Employment and Labour Relations Petition 34 of 2020) [2023] KEELRC 2718 (KLR) (5 October 2023) (Judgment)
✦ The court finds that the petition does not meet the legal threshold of a properly crafted and presented constitutional petition and dismisses the petition.
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Kenya Union of Domestic, Hotels, Educational Institutions and Hospitals Workers (KUDHEIHA) v Kaplong Mission Hospital (Board of Management) & another (Cause E013 of 2022) [2023] KEELRC 2349 (KLR) (5 October 2023) (Ruling)
✦ The 1st application is allowed with no order as to costs, and the 1st respondent's name is removed from the proceedings. The 2nd application is dismissed with costs.
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Kenya Petroleum Workers Union v Olympic Petroleum Limited (Cause 463 of 2017) [2023] KEELRC 2338 (KLR) (5 October 2023) (Judgment)
✦ The Court finds in favor of the Claimant on behalf of the Grievant, awarding compensation and leave pay.
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Kirundu v Pentecostal Assemblies of God Kenya & another (Petition E008 of 2021) [2023] KEELRC 2457 (KLR) (5 October 2023) (Judgment)
✦ The Court dismisses the petition as the petitioner has not disclosed any cause of action against the respondents that justifies bringing the petition before the Court.
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Kirinyaga University UASU Chapter v Kirinyaga University & another (Petition E031 of 2023) [2023] KEELRC 2358 (KLR) (5 October 2023) (Ruling)
✦ The Petitioner has a prima facie case and the court is convinced that the Petitioner will suffer irreparable harm if the interim injunction is not granted.
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Nyambu v China City Ltd (Cause 896 of 2017) [2023] KEELRC 2420 (KLR) (5 October 2023) (Ruling)
✦ The dismissal order is set aside, and the claimant's suit is reinstated. The suit shall be prosecuted within 90 days from the date of this ruling, otherwise it shall stand dismissed.
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Dock Workers Union v Sheria & 2 others; Barclays Bank (K) Ltd (Interested Party) (Cause 511 of 2018) [2023] KEELRC 2419 (KLR) (5 October 2023) (Ruling)
✦ The application is dismissed for want of prosecution.
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Mbugua & another v Kobia & 5 others (Judicial Review Miscellaneous Application E003 of 2023) [2023] KEELRC 2336 (KLR) (5 October 2023) (Ruling)
✦ The NCIC commissioners are found guilty of contempt and are committed to prison for a term not exceeding 6 months.
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Kenya Building Consruction, Timber and Furniture Industries Employees Union v Timsales Limited (Employment and Labour Relations Cause E029, E030 & E031 of 2021 (Consolidated)) [2023] KEELRC 2351 (KLR) (5 October 2023) (Ruling)
✦ The court directed the Labour Officer to calculate leave pay for 117 grievants and to pay for days worked that had not been factored in the report.
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Amuguni v Registered Trustees of the Sisters of Mercy t/a Mater Misericordiae Hospital (Petition E054 of 2022) [2023] KEELRC 2384 (KLR) (5 October 2023) (Judgment)
✦ The Petitioner's claim related to the COVID-19 certificate is incompetent and struck out. The claim for unlawful and unfair termination of employment is also disallowed, dismissing the entire claim.
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Nyakiri v Moi University (Cause 11 of 2020) [2023] KEELRC 2577 (KLR) (5 October 2023) (Judgment)
✦ The court found that the reasons given for the termination were not valid and fair, and thus the termination was unlawful.
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Kutto v County Government of Uasin Gishu & another (Cause 46 of 2020) [2023] KEELRC 2580 (KLR) (5 October 2023) (Judgment)
✦ The court finds that the prolonged period for non-communication on the outcome of the disciplinary hearing was justifiable due to the global disruption caused by the Coronavirus pandemic. The court also finds that the forfeiture of the Claimant's salary was justifiable as she was found culpable of negligence and punished with a final warning.
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Kenya Union of Non-Governmental Organizations, Employees & Human Rights Providers v Chief Coffer Department of Health Homabay & 2 others (Cause E078 of 2021) [2023] KEELRC 2386 (KLR) (5 October 2023) (Ruling)
✦ The court held that the respondents’ objection is premised on the provisions of section 54 (6) of the Labour Relations Act, which requires parties to refer disputes relating to recognition to conciliation in the first instance. The court ruled that the claimant’s claim should not be struck out.
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Omuga v Judicial Service Commission (Appeal E014 of 2023) [2023] KEELRC 2352 (KLR) (5 October 2023) (Judgment)
✦ The Court of Appeal dismissed the appeal, finding that the Respondent adhered to procedural fairness when terminating the Appellant's services.
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Sitienei v Sirgoi Holdings Ltd & another (Cause 26 of 2019) [2023] KEELRC 2369 (KLR) (5 October 2023) (Judgment)
✦ The termination was found to be unfair, unlawful, and procedurally deficient.
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Julius v Sapna Bhandary t/a Chowpaty Fast Foods (Cause 1356 of 2017) [2023] KEELRC 2584 (KLR) (5 October 2023) (Judgment)
✦ The Court finds that the Respondent has not established that she is the legal employer of the Claimant, and therefore the Claimant has sued the wrong party. The Respondent should be struck from the proceedings.
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Mativo v KCB Bank Kenya Ltd (Cause E001 of 2021) [2023] KEELRC 2407 (KLR) (5 October 2023) (Ruling)
✦ The respondent's notice of appeal is res-judicata and incompetent, and is hereby dismissed with costs